The Liability Waiver Form serves as a critical risk management tool for businesses operating in Indonesia, providing legal protection while ensuring transparency with customers. This document is essential when offering services or activities that carry inherent risks, requiring careful drafting to comply with Indonesian civil law, particularly the Civil Code (KUHPer) and Consumer Protection Law. The waiver must balance the business's need for protection against the fundamental rights of consumers under Indonesian law. It typically includes detailed risk disclosures, clear waiver language, and necessary formalities such as witness signatures. The document should be presented in both English and Indonesian languages when dealing with international participants, though the Indonesian version will prevail in legal interpretation.
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1. Parties: Full identification of the party providing the service/activity (releasee) and the party signing the waiver (releaser), including complete legal names, addresses, and any relevant registration numbers
2. Background: Brief context about the activity or service being provided and the purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activity', 'Liability', 'Claims', and other relevant terms
4. Acknowledgment of Risks: Detailed description of potential risks and dangers associated with the activity that the releaser acknowledges and understands
5. Waiver and Release: Express waiver language releasing the releasee from liability, clearly stating what types of claims are being waived
6. Indemnification: Clause where the releaser agrees to indemnify the releasee against any claims related to the activity
7. Medical Authorization: Authorization for emergency medical treatment if needed during the activity
8. Governing Law: Specification that Indonesian law governs the agreement and jurisdiction for any disputes
9. Declaration of Capacity: Statement that the releaser is of legal age and capacity to sign the waiver
10. Signature Block: Space for dated signatures, witnesses, and any required formalities under Indonesian law
1. Parent/Guardian Consent: Required when the participant is under 18 years of age or legally incompetent
2. Photo/Video Release: Optional section for activities where photographs or videos may be taken and used
3. Insurance Declaration: Statement regarding any insurance requirements or recommendations for the activity
4. Equipment Usage: Specific terms regarding use of equipment during the activity, if applicable
5. Special Health Conditions: Section for declaring any relevant health conditions that might affect participation
6. Translation Declaration: Statement confirming that the document has been explained in a language understood by the releaser, if applicable
1. Schedule A - Description of Activities: Detailed description of all activities covered by the waiver
2. Schedule B - Safety Procedures: List of safety procedures and protocols that will be followed
3. Schedule C - Emergency Contacts: Form for emergency contact information
4. Appendix 1 - Risk Disclosure: Comprehensive list of specific risks associated with the activity
5. Appendix 2 - Medical Information Form: Optional form for relevant medical information and conditions
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