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Damage Waiver Form

Damage Waiver Form Template for Austria

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Key Requirements PROMPT example:

Damage Waiver Form

"I need a Damage Waiver Form for my rock climbing facility in Vienna that covers both equipment use and climbing activities, ensuring compliance with Austrian sports facility regulations and including specific provisions for minors."

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Document background
The Damage Waiver Form is a crucial legal document used in various business and recreational contexts in Austria. It serves to protect organizations and individuals from liability claims while ensuring compliance with Austrian civil law requirements. This document is particularly relevant when offering services or activities that carry inherent risks, requiring participants to acknowledge these risks and waive certain legal rights. The form must be drafted in accordance with the Austrian Civil Code (ABGB) and Consumer Protection Act (KSchG), which set specific limitations on liability waivers. While a Damage Waiver Form can provide significant protection, it cannot waive liability for gross negligence or intentional harm under Austrian law, and must be clearly written to ensure enforceability.
Suggested Sections

1. Parties: Identification of all parties involved, including the party providing the waiver (releasor) and the party being released from liability (releasee)

2. Background: Context of the activity or situation for which the damage waiver is being provided

3. Definitions: Clear definitions of key terms used in the waiver, including 'Damage', 'Liability', 'Activities', and other relevant terms

4. Risk Acknowledgment: Explicit acknowledgment of risks associated with the activity or situation

5. Waiver Declaration: Clear and specific statement of the waiver of rights and release of liability

6. Scope of Waiver: Detailed description of what types of claims and damages are covered by the waiver

7. Duration: Time period for which the waiver remains valid

8. Governing Law: Specification of Austrian law as the governing law and jurisdiction

9. Signatures: Space for dated signatures of all parties and witnesses if required

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment, used when the waiver relates to physical activities or events

2. Parent/Guardian Consent: Additional section required when the releasor is a minor

3. Insurance Declaration: Statement regarding insurance coverage and responsibilities, used when specific insurance requirements exist

4. Severability Clause: Clause stating that if any portion of the waiver is found invalid, the remainder stays in effect

5. Photo/Media Release: Additional waiver for use of photographs or recordings, included when relevant to the activity

6. COVID-19/Health Declarations: Special health-related declarations, used during public health concerns

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver

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

3. Schedule C - Safety Procedures: Overview of safety procedures and requirements, if applicable

4. Appendix 1 - Emergency Contact Form: Form for emergency contact information

5. Appendix 2 - Medical Information Form: Optional form for relevant medical information when activity requires it

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Entertainment

Education

Tourism and Hospitality

Fitness and Wellness

Event Management

Adventure Tourism

Equipment Rental

Professional Training

Construction

Manufacturing

Healthcare

Real Estate

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Safety and Compliance

Facilities Management

Event Operations

Program Management

Guest Relations

Business Development

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Customer Service Manager

Business Owner

Recreation Director

Sports Instructor

Training Coordinator

Property Manager

Adventure Guide

Program Director

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): The fundamental civil law code that governs contract formation, validity requirements, and general principles of liability and damages in Austria
Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Regulates business-to-consumer relationships and sets limitations on liability waivers in consumer contracts, protecting consumers from unfair terms
Austrian Product Liability Act (PHG - Produkthaftungsgesetz): Specifies mandatory liability for product defects which cannot be waived, important for damage waivers involving products or equipment
General Contract Terms Act (ABGB §§ 864a, 879): Specific provisions regarding unusual contract terms and void provisions in general terms and conditions, including limitations on liability waivers
Austrian Corporate Code (UGB - Unternehmensgesetzbuch): Relevant for business-to-business relationships and different standards for liability waivers in commercial transactions
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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