The General Waiver Of Liability Form serves as a critical risk management tool for businesses operating in Indonesia, providing legal protection against potential claims arising from voluntary participation in activities or use of facilities. This document is essential when offering services or activities that carry inherent risks, requiring participants to acknowledge these risks and waive their right to pursue legal action for ordinary negligence. The form must comply with Indonesian legal requirements, including the Indonesian Civil Code (KUHPerdata), consumer protection laws, and language requirements under Law No. 24 of 2009. It should be drafted in both Indonesian and English languages when involving Indonesian parties, and must balance the protection of business interests with fairness to participants under Indonesian law.
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1. Parties: Identification of all parties involved, including full legal names, addresses, and any relevant registration numbers
2. Background: Context of the waiver, including the activity or situation to which it applies
3. Definitions: Clear definitions of key terms used throughout the document
4. Acknowledgment of Risks: Detailed description of the risks being assumed by the signing party
5. Waiver and Release: Core waiver language releasing the protected party from liability
6. Scope of Waiver: Specific details about what is and isn't covered by the waiver
7. Representations and Warranties: Statements by the signing party acknowledging their capacity and understanding
8. Indemnification: Agreement by the signing party to indemnify the protected party against claims
9. Governing Law: Specification of Indonesian law as the governing law
10. Execution: Signature blocks and execution requirements
1. Medical Authorization: Optional section for activities involving physical risk, authorizing emergency medical treatment
2. Photo/Media Release: Optional section for activities where photographs or recordings may be taken
3. Insurance Requirements: Optional section specifying any insurance requirements or acknowledgments
4. Parent/Guardian Consent: Required only when the participating individual is a minor or legally incompetent
5. Severability Clause: Optional clause stating that if any portion is found invalid, the rest remains in effect
6. Duration and Termination: Optional section specifying the time period for which the waiver is valid
7. Dispute Resolution: Optional section detailing procedures for handling disputes
1. Schedule A - Description of Activities: Detailed description of activities or services covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Procedures: Optional list of safety procedures and requirements
4. Schedule D - Emergency Contact Information: Form for emergency contact details
5. Appendix 1 - Bahasa Indonesia Translation: Required translation of the waiver into Indonesian language as per Law No. 24 of 2009
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