Disclaimer of Liability
MusicadhoC Sagl, including its owner, employees, agents, freelancers, and subcontractors, shall not be held liable for any damage to property, injuries to persons, or any other losses incurred by clients, participants, or third parties during or as a result of the services provided. This includes, but is not limited to, accidents occurring during excursions, entertainment activities, or any other events organized by MusicadhoC Sagl. Clients and participants acknowledge and accept that they participate in all activities at their own risk and are responsible for ensuring appropriate insurance coverage, including accident and liability insurance.
MusicadhoC Sagl further disclaims any liability for unforeseen events, natural occurrences, or acts of third parties that may affect the quality or safety of the services provided.
Relevant Swiss Law:
According to Article 100 CO, any advance agreement excluding liability for unlawful intent or gross negligence is void. Therefore, while disclaimers can limit liability for slight negligence, they cannot exclude liability for gross negligence or intentional misconduct. (Lexology)
Employment Status of Personnel and Freelancers
All individuals engaged by MusicadhoC Sagl, including performers, guides, and other service providers, are employed on a freelance basis and operate as independent contractors. They are hired on a per-project or on-call basis and are not considered employees of MusicadhoC Sagl. As independent contractors, they are solely responsible for complying with legal, professional, and contractual obligations related to their services. MusicadhoC Sagl does not assume liability for the actions, negligence, or omissions of its freelance personnel beyond the agreed scope of their responsibilities.
Relevant Swiss Law:
Under Swiss law, the distinction between employees and independent contractors is primarily based on the degree of subordination. Independent contractors are generally not subject to the employer’s instructions regarding work performance, time, and place. (KPMG)
Client Responsibilities
Clients and participants are required to follow all safety instructions, guidelines, and recommendations provided by MusicadhoC Sagl, its personnel, or any freelancers engaged by the company during activities and events. Failure to adhere to such instructions may result in dismissal from the activity without any refund or compensation. MusicadhoC Sagl reserves the right to refuse participation to individuals who pose a risk to themselves, others, or the successful execution of the activity.
Relevant Swiss Law:
Participants have a duty to act with due care. Failure to follow safety instructions may be considered contributory negligence, potentially reducing or eliminating liability claims.
Force Majeure
MusicadhoC Sagl shall not be liable for failure to perform any of its obligations if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, government restrictions, pandemics, labor strikes, or natural disasters.
Relevant Swiss Law:
Article 119 CO states that an obligation is deemed extinguished when its performance is made impossible by circumstances not attributable to the obligor.
Applicable Jurisdiction is Locarno 6600 (CH)
