Agreement And Release Of Liability Template for Austria

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Key Requirements PROMPT example:

Agreement And Release Of Liability

"I need an Agreement and Release of Liability for my rock climbing facility in Vienna, Austria, to be used starting January 2025, that covers both amateur and professional climbers and includes specific provisions for equipment usage and emergency procedures."

Document background
The Agreement and Release of Liability is essential for organizations operating in Austria that engage in activities carrying inherent risks or potential liabilities. This document is particularly crucial in scenarios where one party provides services, facilities, or activities that may expose participants to certain risks. It must be drafted in compliance with Austrian legal framework, particularly the ABGB and KSchG, which impose specific limitations on liability waivers. The agreement serves to document the informed consent of participants while protecting service providers from unwarranted claims, all while respecting Austrian law's prohibition on waiving liability for gross negligence or intentional misconduct. Typically used in sports, recreation, education, and various business contexts, this agreement helps establish clear expectations and risk allocation between parties.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement, including the releasing and released parties

2. Background: Context of the agreement, relationship between parties, and general purpose of the liability release

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Released Claims', 'Activities', and scope of liability

4. Scope of Release: Detailed description of what activities, claims, and liabilities are covered by the release

5. Acknowledgment of Risks: Explicit acknowledgment of understood risks and voluntary assumption of such risks

6. Release and Waiver: The core release provisions, clearly stating what liability is being released while acknowledging Austrian law limitations

7. Exceptions to Release: Clear statement of what is not covered by the release (e.g., gross negligence, intentional harm) as required by Austrian law

8. Representations and Warranties: Statements by both parties about their capacity to enter the agreement and understanding of its implications

9. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of jurisdiction for disputes

10. Severability: Provision ensuring survival of agreement if certain provisions are found invalid

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

Optional Sections

1. Insurance Requirements: Details of required insurance coverage, used when specific insurance is required for activities covered

2. Medical Authorization: Authorization for emergency medical treatment, included when activities may involve physical risk

3. Photographic Release: Permission to use photographs or recordings, included when activities may involve media coverage

4. Parent/Guardian Consent: Additional provisions when minors are involved in the activities

5. Indemnification: Provisions for indemnifying the released party, used in more complex commercial relationships

6. Term and Termination: Include when the release covers ongoing activities rather than a one-time event

7. Confidentiality: Include when activities involve access to confidential information

8. Dispute Resolution: Alternative dispute resolution procedures, included for more complex commercial relationships

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of specific activities covered by the release

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule C - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts

4. Schedule D - Safety Procedures: Required safety procedures and protocols for covered activities

5. Appendix 1 - Emergency Contact Information: Emergency contact details for all relevant parties

6. Appendix 2 - Incident Reporting Forms: Standard forms for reporting any incidents or accidents

Authors

Alex Denne

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

Relevant Industries

Sports and Recreation

Education and Training

Events and Entertainment

Tourism and Hospitality

Adventure Sports

Fitness and Wellness

Professional Services

Construction

Manufacturing

Research and Development

Relevant Teams

Legal

Risk Management

Operations

Compliance

Safety and Security

Events Management

Facility Management

Training and Development

Business Development

Contract Administration

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Director

Safety Coordinator

Event Manager

Facility Manager

Training Coordinator

Business Development Manager

Contract Administrator

General Manager

Program Director

Sports Director

Adventure Guide

Insurance Coordinator

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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