The Waiver Release And Hold Harmless Agreement serves as a critical risk management tool for organizations operating in Indonesia, particularly those conducting activities with inherent risks. This document is essential when businesses or organizations need participants to acknowledge potential risks and waive their right to pursue legal claims for ordinary negligence. The agreement must comply with Indonesian Civil Code (KUHPerdata) requirements and consumer protection laws, including mandatory use of the Indonesian language. It typically includes comprehensive risk descriptions, clear waiver language, indemnification provisions, and emergency authorizations. The document is particularly relevant for adventure sports, educational activities, medical procedures, and various commercial operations where participants engage in potentially risky activities. While the agreement provides significant protection, it must be carefully drafted to ensure enforceability under Indonesian law while maintaining reasonable and fair terms for all parties involved.
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1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and any relevant registration numbers for entities
2. Background: Context of the agreement, including the activity or circumstance for which the waiver is being given
3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Released Parties', 'Activities', and 'Claims'
4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activities
5. Voluntary Participation: Statement confirming voluntary participation and understanding of risks
6. Waiver and Release: Core provision where the releasing party waives their rights to bring claims
7. Hold Harmless and Indemnification: Agreement to indemnify and hold harmless the released parties from any claims
8. Emergency Authorization: Authorization for emergency medical treatment if necessary
9. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and designation of competent courts
10. Execution: Signature blocks, date, and witness provisions
1. Parental Consent: Required when the releasing party is a minor under Indonesian law
2. Insurance Provisions: Details about insurance coverage and requirements, if applicable to the activity
3. Specific Activity Rules: Detailed rules and protocols for specific activities, when the waiver relates to particular events or activities
4. Media Release: Permission to use photographs or recordings, if relevant to the activity
5. Severability: Provision ensuring that if one part of the agreement is found invalid, the rest remains enforceable
6. Duration and Termination: Specific terms about how long the waiver remains in effect, if not indefinite
1. Schedule A - Description of Activities: Detailed description of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Protocols: Required safety measures and procedures
4. Appendix 1 - Emergency Contact Form: Emergency contact information for the releasing party
5. Appendix 2 - Medical Information Form: Relevant medical information and conditions, if applicable to the activity
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Education and Training
Events and Entertainment
Fitness and Wellness
Medical Services
Construction
Manufacturing
Transportation
Volunteer Organizations
Research and Development
Real Estate
Relevant Teams
Legal
Risk Management
Operations
Safety and Compliance
Customer Relations
Event Planning
Facility Operations
Program Management
Human Resources
Insurance Administration
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Director
Safety Coordinator
Event Manager
Facility Manager
Program Director
Athletic Director
Training Coordinator
Customer Service Manager
Business Owner
Insurance Coordinator
Activities Supervisor
Medical Director
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