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Health Waiver

Health Waiver Template for Austria

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Key Requirements PROMPT example:

Health Waiver

"I need a Health Waiver for my new yoga studio opening in Vienna in March 2025, compliant with Austrian law and GDPR, that covers both regular classes and specialized workshops for pregnant women."

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Document background
This Health Waiver is designed for use in Austria by healthcare providers, wellness facilities, and organizations offering health-related services. The document is essential when providing medical treatments, conducting fitness activities, or offering wellness services where participants need to acknowledge potential risks and provide informed consent. It complies with Austrian healthcare legislation, including the Federal Act on the Medical Profession (Ärztegesetz) and data protection requirements under GDPR. The Health Waiver includes provisions for risk disclosure, emergency procedures, and personal data processing, while ensuring adherence to Austrian consumer protection laws that limit liability exclusions. It's particularly relevant for situations requiring documented informed consent and risk acknowledgment in health-related contexts.
Suggested Sections

1. Parties: Identification of the facility/provider and the individual signing the waiver

2. Background: Context of the waiver, including the nature of activities or treatments covered

3. Definitions: Key terms used in the waiver, including medical terminology and legal concepts

4. Acknowledgment of Risks: Detailed description of potential risks and complications

5. Voluntary Participation: Declaration that participation is voluntary and informed

6. Health Status Declaration: Statement regarding current health status and disclosure of relevant conditions

7. Consent to Medical Treatment: Explicit consent for potential emergency medical intervention

8. Data Protection Notice: GDPR-compliant information about health data processing

9. Liability Limitations: Scope of liability waiver within Austrian legal limits

10. Emergency Contacts: Contact information for emergency situations

11. Governing Law: Specification of Austrian law as governing law

12. Signatures: Execution block with date and signatures

Optional Sections

1. Insurance Declaration: Required when the activity or treatment requires specific insurance coverage

2. Medical History: Detailed medical history section for high-risk activities or treatments

3. Photographic Consent: Optional consent for taking and using medical photographs

4. Translation Declaration: Required when the waiver is provided in multiple languages

5. Parent/Guardian Consent: Required for minors or individuals under legal guardianship

6. Withdrawal Rights: Required for specific medical procedures with cooling-off periods

7. Alternative Treatment Options: Required for medical procedures where alternatives must be documented

Suggested Schedules

1. Schedule A - Risk Disclosure: Detailed list of specific risks and potential complications

2. Schedule B - Medical Questionnaire: Detailed health status questionnaire

3. Schedule C - Emergency Procedures: Outline of emergency protocols and procedures

4. Appendix 1 - Data Processing Details: Detailed information about health data processing procedures

5. Appendix 2 - Insurance Information: Details of relevant insurance coverage and limitations

6. Appendix 3 - Facility Rules: Specific rules and protocols of the facility or provider

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 legal definitions
Activity
Authorized Medical Professional
Consent
Data Controller
Data Processing
Data Subject
Emergency Contact
Emergency Medical Treatment
Facility
Health Data
Healthcare Provider
Informed Consent
Legal Guardian
Medical Emergency
Medical History
Medical Personnel
Medical Treatment
Minor
Next of Kin
Participant
Patient
Personal Data
Pre-existing Condition
Provider
Reasonable Care
Risk
Sensitive Personal Data
Services
Special Categories of Personal Data
Treatment
Waiver
Witness
Relevant Industries

Healthcare

Medical Services

Sports and Recreation

Wellness and Spa

Fitness and Training

Physical Therapy

Alternative Medicine

Clinical Research

Educational Institutions

Corporate Health Services

Relevant Teams

Legal

Compliance

Risk Management

Patient Services

Clinical Operations

Quality Assurance

Data Protection

Healthcare Administration

Medical Records

Front Desk Operations

Relevant Roles

Medical Director

Healthcare Administrator

Legal Counsel

Compliance Officer

Risk Manager

Medical Practitioner

Fitness Instructor

Physical Therapist

Wellness Coordinator

Practice Manager

Patient Services Coordinator

Clinical Research Coordinator

Sports Facility Manager

Healthcare Quality Manager

Data Protection Officer

Industries
Austrian Civil Code (ABGB): Provides the fundamental framework for contracts, liability, and legal declarations. Sections 859-937 govern contract formation and validity.
Federal Act on the Protection of Personal Data (DSG): Regulates the handling of personal data, with special provisions for health-related information as sensitive data requiring enhanced protection.
Federal Act on Hospitals and Health Resorts (KAKuG): Sets standards for healthcare institutions and basic patient rights that cannot be waived.
Federal Act on the Medical Profession (Ärztegesetz): Defines medical practitioners' obligations regarding informed consent and documentation.
Consumer Protection Act (KSchG): Limits the extent to which liability can be waived in consumer contracts and sets requirements for clarity in contractual terms.
General Civil Code § 879: Defines restrictions on contract terms that are against good morals or public policy, affecting what can legally be waived.
Federal Act on Patient Rights (Patientencharta): Outlines fundamental patient rights and the scope of valid consent in medical contexts.
GDPR (As implemented in Austrian law): Provides specific requirements for processing health-related data and obtaining explicit consent.
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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