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Liability Disclaimer Form

Liability Disclaimer Form Template for Austria

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Key Requirements PROMPT example:

Liability Disclaimer Form

"I need a Liability Disclaimer Form under Austrian law for my new rock climbing facility opening in March 2025, which needs to cover both adult participants and minors, and include specific provisions for equipment usage and outdoor climbing activities."

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Document background
The Liability Disclaimer Form is a crucial legal document used in Austrian business operations to clearly define and limit liability exposure while maintaining compliance with Austrian legal requirements. This document is essential when offering services or activities that carry inherent risks, requiring clear communication and acknowledgment of these risks by participants or service recipients. The form must carefully balance the service provider's need to limit liability with mandatory consumer protections under Austrian law, including the ABGB and KSchG. It's particularly relevant in situations involving physical activities, professional services, or any scenario where clear risk communication and liability limitations are necessary, while ensuring that any disclaimers remain within the bounds of what's legally permissible under Austrian jurisdiction.
Suggested Sections

1. Parties: Identification of the party providing the disclaimer (typically a business or service provider) and the party accepting it (individual, customer, or participant)

2. Background: Context of the disclaimer, nature of activities or services covered, and general purpose of the agreement

3. Definitions: Key terms used throughout the document, including 'Activities', 'Services', 'Risks', and other relevant terminology

4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activities or services

5. Voluntary Participation: Statement confirming that the accepting party voluntarily participates and understands the risks

6. Scope of Liability Waiver: Specific details of what liability is being waived, with clear limitations in accordance with Austrian law

7. Exceptions to Waiver: Mandatory section listing what cannot be waived under Austrian law, including intentional harm and gross negligence

8. Representations and Warranties: Statements by the accepting party regarding their capacity, understanding, and fitness to participate

9. Duration and Termination: Period for which the disclaimer is valid and any termination conditions

10. Governing Law: Confirmation that Austrian law governs the disclaimer and jurisdiction details

Optional Sections

1. Medical Disclaimer: Additional section for activities involving physical exertion or health risks, including health conditions and emergency contacts

2. Insurance Requirements: Details of required insurance coverage, if applicable to the activity or service

3. Photo/Video Release: Optional waiver for use of participant's image or recordings, particularly relevant for recreational activities or events

4. Parent/Guardian Consent: Required when the participant is a minor, including additional responsibilities and acknowledgments

5. Property Damage Clause: Specific section for activities involving use of premises or equipment

6. Digital Services Disclaimer: Additional provisions for online services or digital content, including technical requirements and digital risks

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list and description of specific activities or services covered by the disclaimer

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with each activity or service

3. Schedule C - Safety Procedures: Required safety measures, equipment, or protocols that must be followed

4. Appendix 1 - Emergency Contact Form: Template for emergency contact information and relevant medical information

5. Appendix 2 - Insurance Requirements: Detailed specifications of required insurance coverage, if applicable

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

Fitness and Wellness

Adventure Tourism

Professional Services

Healthcare

Education and Training

Event Management

Entertainment

Retail

Construction

Technology Services

Consulting

Personal Services

Manufacturing

Transportation

Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Service

Safety and Security

Business Development

Human Resources

Training and Development

Administrative Services

Quality Assurance

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Business Owner

Event Coordinator

Facility Manager

Safety Officer

Customer Service Manager

Program Director

Sports Instructor

Professional Trainer

Medical Practitioner

Education Administrator

Project Manager

General Manager

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contractual relationships, liability, and damages (particularly §§ 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 disclaimed in consumer contracts (especially § 6 on prohibited terms)
General Civil Code § 879: Defines void contracts and terms, particularly relevant for assessing the validity of liability disclaimers that may be against public policy or good morals
EU Directive 93/13/EEC: On unfair terms in consumer contracts, which has been implemented in Austrian law and affects the enforceability of liability disclaimers
Product Liability Act (PHG): Governs product liability and limitations on disclaiming liability for product defects
Data Protection Act (DSG): Relevant if the disclaimer involves processing of personal data or privacy-related matters
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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