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Property Liability Waiver
"I need a Property Liability Waiver for my retail shopping center in Cape Town, which will be effective from January 2025, covering multiple retail spaces and common areas, with specific provisions for slip-and-fall incidents and parking area liability."
1. Parties: Identification of the property owner/operator and the party assuming the risk
2. Background: Context of the waiver agreement and purpose of access to the property
3. Definitions: Key terms used in the waiver including 'Property', 'Liability', 'Claims', and 'Risks'
4. Property Description: Clear identification and description of the property covered by the waiver
5. Assumption of Risk: Express acknowledgment of risks and voluntary assumption of these risks by the signing party
6. Waiver and Release: Specific details of what liability is being waived and the extent of the release
7. Limitations of Waiver: Explicit statement of what cannot be waived under South African law (gross negligence, willful misconduct)
8. Indemnification: Agreement to indemnify the property owner against claims arising from use of the property
9. Duration: Period for which the waiver remains valid
10. Governing Law: Confirmation that South African law governs the agreement
11. Signatures: Execution section with date and signatures of all parties
1. Special Conditions: Used when there are specific conditions or restrictions for property access or use
2. Insurance Requirements: Include when requiring the signing party to maintain specific insurance coverage
3. Emergency Procedures: Required for properties with specific safety protocols or emergency procedures
4. Photography and Recording: Include when there are restrictions on taking photos or videos on the property
5. Group Liability: Used when the waiver covers a group or organization rather than an individual
6. Minor Participants: Required when the waiver needs to address minors accessing the property
7. Severability: Optional clause ensuring remainder of waiver remains valid if any portion is found unenforceable
1. Schedule A - Property Details: Detailed description of property including boundaries, features, and known hazards
2. Schedule B - Specific Risks: Comprehensive list of specific risks and hazards associated with the property
3. Schedule C - Safety Rules: List of safety rules and protocols that must be followed while on the property
4. Appendix 1 - Property Map: Visual representation of the property showing boundaries and restricted areas
5. Appendix 2 - Emergency Contact Information: List of emergency contacts and procedures
Authors
Real Estate
Tourism and Hospitality
Events and Entertainment
Construction
Manufacturing
Retail
Sports and Recreation
Agriculture
Mining
Educational Facilities
Commercial Property
Industrial Property
Residential Property Management
Legal
Risk Management
Operations
Property Management
Facilities Management
Compliance
Health and Safety
Administrative Services
Corporate Secretariat
Guest Relations
Property Manager
Facility Manager
Risk Manager
Legal Counsel
Operations Manager
Safety Officer
Event Coordinator
Real Estate Manager
Compliance Officer
General Manager
Property Administrator
Site Supervisor
Corporate Secretary
Health and Safety Manager
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