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Indemnity Waiver Form

Indemnity Waiver Form Template for Austria

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Key Requirements PROMPT example:

Indemnity Waiver Form

"I need an Indemnity Waiver Form under Austrian law for my rock climbing facility in Vienna, which will host both adult participants and minors over 14 years old, with specific provisions for equipment usage and emergency medical treatment."

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Document background
The Indemnity Waiver Form serves as a critical risk management tool for businesses and organizations operating under Austrian jurisdiction. This document is essential when offering activities or services that carry inherent risks, requiring participants to acknowledge these risks and waive certain legal rights to claims. The form must comply with Austrian Civil Code (ABGB) requirements and cannot contradict mandatory consumer protection laws. It's particularly important for activities such as sports, adventure tourism, educational programs, and various commercial services where participants voluntarily engage in potentially risky activities. The document typically includes comprehensive risk descriptions, clear waiver language, and may require additional elements such as witness signatures or special provisions for vulnerable participants.
Suggested Sections

1. Parties: Identification of the party providing the waiver (Releasor) and the party receiving the waiver (Releasee), including full legal names and addresses

2. Background: Brief context of the activity or circumstance for which the waiver is being provided

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', 'Losses', etc.

4. Acknowledgment of Risks: Detailed description of the risks and potential dangers being acknowledged by the Releasor

5. Waiver and Release: The core waiver language releasing the Releasee from liability, specifically drafted to comply with Austrian law

6. Scope of Waiver: Clear delineation of what claims and rights are being waived and what (if any) are being preserved

7. Representations and Warranties: Statements by the Releasor confirming their capacity to enter into the waiver and understanding of its implications

8. Governing Law: Explicit statement that the waiver is governed by Austrian law

9. Severability: Provision stating that if any part of the waiver is found invalid, the remainder continues in effect

10. Signature Block: Space for date and signatures, including any witness requirements under Austrian law

Optional Sections

1. Medical Disclosure: Section for disclosure of relevant medical conditions that might affect participation in the activity

2. Parental Consent: Required when the Releasor is a minor, including additional warranties and acknowledgments by the parent/guardian

3. Insurance Requirements: Details of any insurance requirements or recommendations for the activity

4. Emergency Contact Information: Space for emergency contact details when the waiver relates to physical activities

5. Photo/Media Release: Optional release for use of photographs or media recordings

6. Data Processing Consent: Required when personal data will be collected and processed, ensuring GDPR compliance

Suggested Schedules

1. Schedule A - Activity Description: Detailed description of the specific 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 that must be followed

4. Schedule D - Equipment Requirements: List of required equipment or gear for the activity, if applicable

5. Appendix 1 - Medical Questionnaire: Standard form for collecting relevant medical information when required

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

Education and Training

Tourism and Hospitality

Entertainment

Healthcare

Fitness and Wellness

Adventure Sports

Events Management

Research and Development

Manufacturing

Construction

Transportation

Relevant Teams

Legal

Risk Management

Operations

Administration

Compliance

Customer Service

Safety and Security

Events Management

Program Management

Facility Operations

Relevant Roles

Risk Manager

Legal Counsel

Operations Director

Safety Officer

Compliance Manager

Event Coordinator

Facility Manager

Program Director

Training Coordinator

Activities Supervisor

Recreation Manager

Administrative Officer

Customer Service Manager

Business Owner

General Manager

Industries
Austrian Civil Code (ABGB): The fundamental source of Austrian private law, particularly sections 859-937 on contracts and 1293-1341 on tort law and damages
Consumer Protection Act (KSchG): Regulates business-to-consumer relationships and limits the extent to which liability can be waived in consumer contracts
General Law on Standard Terms and Conditions: Governs the validity and enforceability of standard form contracts and waivers
Austrian Product Liability Act: Relevant if the waiver relates to product use, as it contains mandatory provisions that cannot be waived
Data Protection Act (DSG): If the waiver includes consent for data processing or sharing, compliance with Austrian data protection law is required
Form Requirements Act: Specifies formal requirements for certain types of legal declarations and waivers
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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