Passenger Liability Waiver Form - Malaysia

Passenger Liability Waiver Form for Malaysia

Passenger Liability Waiver Form Template for Malaysia

This document is a comprehensive liability waiver form designed for passenger transportation services operating under Malaysian law. It incorporates key requirements from the Malaysian Contracts Act 1950, Consumer Protection Act 1999, and relevant transportation regulations. The form serves to document passengers' acknowledgment of risks and waiver of certain legal rights while maintaining compliance with Malaysian consumer protection laws that prohibit the waiver of specific statutory rights. It includes provisions for passenger identification, risk acknowledgment, medical declarations, and emergency contact information.

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What is a Passenger Liability Waiver Form?

The Passenger Liability Waiver Form is a crucial legal document used by transportation service providers operating in Malaysia to manage their liability exposure while maintaining compliance with local regulations. This document should be used whenever a transport service involves passenger carriage where certain risks need to be acknowledged and accepted by the passenger. The form includes mandatory elements required by Malaysian law, including clear identification of parties, specific risk disclosures, and explicit statements about which liabilities can and cannot be waived under local regulations. It's particularly important for services involving higher-risk transportation activities or specialized passenger services. The document must be compliant with the Malaysian Contracts Act 1950 and Consumer Protection Act 1999, ensuring that while it provides protection for the service provider, it doesn't unfairly disadvantage passengers or attempt to waive non-waivable statutory rights.

What sections should be included in a Passenger Liability Waiver Form?

1. Parties: Identification of the transport service provider and the passenger, including full legal names and relevant identification details

2. Background: Brief context about the transportation service being provided and purpose of the waiver

3. Definitions: Key terms used in the waiver form, including 'Services', 'Liability', 'Force Majeure', etc.

4. Acknowledgment of Risks: Detailed section outlining the potential risks associated with the transportation service

5. Waiver and Release: Core section where the passenger waives specific rights and releases the provider from certain liabilities

6. Exceptions to Waiver: Clear statement of what liabilities cannot be waived under Malaysian law

7. Medical Declaration: Passenger's confirmation of fitness to travel and disclosure of relevant medical conditions

8. Execution: Signature section with date and witness provisions

What sections are optional to include in a Passenger Liability Waiver Form?

1. Insurance Declaration: Optional section for cases where the service provider needs to declare their insurance coverage

2. Parent/Guardian Consent: Required only when the passenger is a minor or under legal guardianship

3. Special Assistance Requirements: Include when the service caters to passengers requiring special assistance or accommodations

4. COVID-19 Declarations: Temporary section for use during pandemic conditions

5. Photography Consent: Optional section for services that may involve photography or video recording

What schedules should be included in a Passenger Liability Waiver Form?

1. Schedule A - Safety Rules and Regulations: Detailed list of safety rules and regulations that passengers must follow

2. Schedule B - Emergency Contact Form: Form for passenger's emergency contact information

3. Schedule C - Medical Information Form: Detailed medical information form for services requiring this level of detail

4. Appendix 1 - Service Provider's Insurance Certificate: Copy of current insurance certificate when required by law or company policy

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Free to use

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What is a Passenger Liability Waiver Form?

What sections should be included in a Passenger Liability Waiver Form?

What sections are optional to include in a Passenger Liability Waiver Form?

What schedules should be included in a Passenger Liability Waiver Form?

Authors

Alex Denne

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