The Property Liability Waiver is essential in Malaysian property management and real estate operations, providing legal protection for property owners and managers against various liability claims. This document should be used when there's a need to clearly establish risk allocation between property owners/managers and other parties accessing or using the property. The waiver must comply with Malaysian contract law, particularly the Contracts Act 1950 and relevant property legislation, while balancing the rights and obligations of all parties involved. It typically includes detailed property descriptions, specific risks being waived, acknowledgment of understood risks, and clear indemnification provisions. The document is particularly relevant in situations involving property access, use, or occupation by third parties, whether for commercial, residential, or event purposes.
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1. Parties: Identifies and defines all parties to the waiver agreement, including the property owner/manager and the party accepting the waiver
2. Background: Establishes the context of the waiver, including brief description of the property and the purpose of the agreement
3. Definitions: Defines key terms used throughout the document, including 'Property', 'Liability', 'Claims', etc.
4. Property Description: Detailed description of the property or properties covered by the waiver
5. Scope of Waiver: Clearly outlines what liabilities and risks are being waived
6. Acknowledgment of Risks: Statement confirming the accepting party's understanding of potential risks
7. Release of Liability: Core waiver language releasing the property owner from specified liabilities
8. Indemnification: Provisions regarding indemnification obligations of the accepting party
9. Governing Law: Specifies Malaysian law as governing law and relevant jurisdiction
10. Execution: Signature blocks and execution requirements
1. Emergency Procedures: Details emergency protocols and contact information - include when the property has specific safety requirements
2. Insurance Requirements: Specifies required insurance coverage - include when the waiver requires the accepting party to maintain insurance
3. Special Conditions: Additional conditions specific to the property - include for properties with unique features or risks
4. Duration: Specifies the time period of the waiver - include when the waiver is not perpetual
5. Severability: Clause ensuring remaining provisions stay valid if some are found unenforceable - include in more complex agreements
6. Dispute Resolution: Alternative dispute resolution procedures - include when parties prefer specific dispute resolution methods
1. Schedule A - Property Details: Detailed property description, including address, lot number, and relevant title details
2. Schedule B - Specific Risks: Comprehensive list of specific risks and hazards associated with the property
3. Schedule C - Safety Equipment: List of safety equipment and facilities available on the property
4. Appendix 1 - Property Photos: Photographic documentation of the property and any hazardous areas
5. Appendix 2 - Maintenance Records: Recent maintenance records relevant to safety and liability issues
6. Appendix 3 - Emergency Contacts: List of emergency contacts and procedures
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Construction
Hospitality
Retail
Commercial Property
Residential Property
Industrial Property
Events and Entertainment
Facilities Management
Relevant Teams
Legal
Operations
Risk Management
Property Management
Facility Management
Compliance
Real Estate
Asset Management
Security
Customer Relations
Relevant Roles
Property Manager
Facility Manager
Real Estate Manager
Legal Counsel
Risk Manager
Operations Manager
Asset Manager
Property Administrator
Compliance Officer
Contract Manager
Estate Agent
Building Manager
Security Manager
Maintenance Supervisor
Events Coordinator
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