The Liability Waiver For Minors is a crucial legal document used in Switzerland by organizations that provide services or activities to children under 18 years of age. It serves as a risk management tool while ensuring compliance with Swiss legal requirements, particularly the Swiss Civil Code (ZGB) and Code of Obligations (OR). The document is essential for activities ranging from sports and recreation to educational programs, where organizations need to obtain informed consent from parents/guardians while establishing clear boundaries of liability. It includes comprehensive details about the activities, potential risks, medical authorizations, and parental consent provisions, all structured to meet Swiss legal standards for agreements involving minors. The waiver must be carefully balanced to provide adequate protection for the organization while remaining enforceable under Swiss law, which places significant restrictions on liability limitations, especially when minors are involved.
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1. Parties: Identification of the organization seeking the waiver and the parent(s)/legal guardian(s) signing on behalf of the minor
2. Background: Context of the activities or services being provided and purpose of the waiver
3. Definitions: Clear definitions of key terms, including 'Activities', 'Minor', 'Legal Guardian', 'Liability', and specific risk-related terms
4. Minor's Information: Details of the minor including full name, date of birth, and any relevant medical conditions or special requirements
5. Acknowledgment of Risks: Detailed description of potential risks and dangers associated with the activities
6. Assumption of Risk: Express acknowledgment by the parent/guardian of understanding and accepting the risks
7. Waiver and Release: The actual waiver language, carefully drafted to comply with Swiss law limitations on liability exclusions
8. Medical Authorization: Permission for emergency medical treatment if parents/guardians cannot be reached
9. Parental Consent: Express consent and agreement to all terms by parents/legal guardians
10. Duration and Validity: Period for which the waiver remains valid
11. Governing Law: Specification of Swiss law as governing law and jurisdiction
12. Signatures: Signature blocks for all parties, including date and place of signing
1. Photography and Media Release: Optional section for consent to use photographs or videos of the minor, particularly relevant for sports or educational activities
2. Transportation Consent: Required when transportation of the minor is involved in the activities
3. Insurance Requirements: Details of any required insurance coverage, particularly relevant for sports or high-risk activities
4. Code of Conduct: Behavioral expectations and consequences, particularly relevant for educational or group activities
5. Severability Clause: Provision ensuring that if any part of the waiver is found unenforceable, the rest remains valid
6. Special Needs Accommodation: Required when the minor has specific medical conditions or requires special accommodation
7. Equipment Usage: Required when specific equipment will be used during activities
1. Schedule A - Activity Description: Detailed description of all activities covered by the waiver
2. Schedule B - Medical Information Form: Detailed medical information about the minor, including allergies, medications, and emergency contacts
3. Schedule C - Safety Protocols: Specific safety measures and procedures in place for the activities
4. Appendix 1 - Emergency Procedures: Detailed emergency protocols and contact information
5. Appendix 2 - Incident Report Form: Standard form for reporting any incidents or accidents
6. Appendix 3 - Parent/Guardian Checklist: Checklist of items, permissions, and requirements that parents/guardians must review and acknowledge
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