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Waiver Indemnification Agreement Template for Malaysia

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Key Requirements PROMPT example:

Waiver Indemnification Agreement

"I need a Waiver Indemnification Agreement for my adventure sports company operating in Langkawi, Malaysia, which will be used for participants in high-risk activities including rock climbing and paragliding, with specific focus on protecting the company from liability while ensuring compliance with local tourism regulations."

Document background
The Waiver Indemnification Agreement is essential in situations where parties need to clearly establish risk allocation and liability protection under Malaysian law. This document is commonly used in business relationships where one party engages in potentially risky activities or provides services that could result in claims or losses. It serves two primary purposes: first, it documents the waiver of specific rights or claims by one party, and second, it establishes indemnification obligations to protect against certain risks or losses. The agreement must be carefully drafted to ensure compliance with Malaysian legal requirements, including the Contracts Act 1950 and relevant civil law provisions, while clearly defining the scope of both the waiver and indemnification components.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their full legal names, registration numbers, and registered addresses

2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties and the activities or circumstances giving rise to the need for waiver and indemnification

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent ambiguity

4. Waiver Provisions: Details the specific rights, claims, and remedies being waived by the parties, including the scope and duration of the waiver

5. Indemnification Obligations: Specifies the indemnification commitments, including what losses are covered, the process for claiming indemnification, and any limitations

6. Term and Termination: Establishes the duration of the agreement and circumstances under which it may be terminated

7. Governing Law and Jurisdiction: Specifies that Malaysian law governs the agreement and establishes jurisdiction for dispute resolution

8. Entire Agreement: Confirms that this document represents the complete agreement between the parties regarding the subject matter

9. Execution: Signature blocks and execution formalities

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage must be maintained to support the indemnification obligations

2. Survival Clause: Include when certain provisions need to survive the termination of the agreement

3. Third Party Rights: Include when the waiver or indemnification affects or benefits third parties

4. Severability: Include when there's a need to ensure that the invalidity of one provision doesn't affect others

5. Force Majeure: Include when external events might affect the parties' ability to fulfill their obligations

6. Dispute Resolution: Include when specific dispute resolution procedures (mediation, arbitration) are preferred over court proceedings

7. Confidentiality: Include when the agreement involves sensitive information or trade secrets

Suggested Schedules

1. Schedule 1 - Scope of Waived Claims: Detailed list of specific claims, rights, or remedies being waived

2. Schedule 2 - Indemnified Risks: Comprehensive list of risks, losses, and damages covered by the indemnification

3. Schedule 3 - Excluded Claims: List of claims or circumstances explicitly excluded from the waiver and indemnification

4. Appendix A - Insurance Requirements: Detailed insurance requirements including types of coverage, minimum limits, and special conditions

5. Appendix B - Claims Procedure: Step-by-step procedure for making and processing indemnification claims

6. Appendix C - Related Agreements: List of other agreements or documents referenced in or relevant to this agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























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Relevant Industries

Construction

Events and Entertainment

Sports and Recreation

Manufacturing

Real Estate

Oil and Gas

Healthcare

Education

Transportation

Hospitality

Adventure Tourism

Industrial Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Contract Administration

Project Management

Health and Safety

Business Development

Finance

Insurance

General Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Facility Manager

Contract Administrator

Project Manager

Safety Officer

Business Development Manager

Chief Financial Officer

Insurance Manager

General Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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