The Volunteer Liability Waiver is an essential document for organizations operating in Switzerland that engage volunteers in their activities. This document becomes necessary when organizations seek to manage their legal risks while maintaining positive relationships with volunteers. It addresses key aspects required under Swiss law, including clear delineation of volunteer activities, risk acknowledgment, and liability limitations within the boundaries permitted by Swiss Civil Code and Code of Obligations. The waiver is particularly important as it balances the organization's need for protection against the mandatory provisions of Swiss law that cannot be waived, such as liability for gross negligence or intentional misconduct. Organizations should implement this document before commencing any volunteer engagement, ensuring all parties understand their rights, responsibilities, and the voluntary nature of the relationship.
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1. Parties: Identification of the organization and the volunteer, including full legal names and addresses
2. Background: Brief context about the volunteer opportunity and organization's mission
3. Definitions: Key terms used throughout the document, including 'Volunteer Services', 'Organization', 'Premises', etc.
4. Scope of Volunteer Work: Detailed description of volunteer activities, responsibilities, and expectations
5. Acknowledgment of Voluntary Participation: Clear statement that participation is voluntary and unpaid
6. Assumption of Risk: Volunteer's acknowledgment of risks associated with the activities
7. Waiver and Release: The core liability waiver provisions, carefully drafted within Swiss law limitations
8. Excluded Claims: Clear statement of what cannot be waived under Swiss law (gross negligence, unlawful intent)
9. Volunteer Responsibilities: Safety protocols, reporting requirements, and conduct expectations
10. Term and Termination: Duration of the agreement and conditions for ending the volunteer relationship
11. Governing Law: Specification of Swiss law as governing law and jurisdiction
1. Insurance Coverage: Details of any insurance coverage provided by the organization, used when specific insurance arrangements exist
2. Confidentiality: Provisions regarding confidential information, used when volunteers may access sensitive data
3. Intellectual Property: Guidelines for handling intellectual property created during volunteer work, used when relevant to the volunteer role
4. Emergency Contact Information: Space for emergency contact details, recommended for high-risk activities
5. Medical Disclosure: Section for relevant medical information, used for physically demanding volunteer work
6. Photo and Media Release: Permission to use volunteer's image, used when organization conducts public events or marketing
7. Covid-19 or Health Safety Protocols: Specific health and safety requirements, used during public health concerns
1. Schedule A - Description of Volunteer Activities: Detailed list of specific volunteer tasks and responsibilities
2. Schedule B - Safety Protocols: Specific safety procedures and guidelines relevant to the volunteer activities
3. Schedule C - Emergency Procedures: Step-by-step emergency response procedures
4. Appendix 1 - Emergency Contact Form: Template for volunteer's emergency contact information
5. Appendix 2 - Incident Report Form: Standard form for reporting accidents or incidents during volunteer work
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