No Liabilities Agreement Template for Austria

This document is a comprehensive No Liabilities Agreement governed by Austrian law, designed to establish clear boundaries of liability exclusion between parties while maintaining compliance with Austrian legal requirements. The agreement carefully navigates the mandatory provisions of the Austrian Civil Code (ABGB), Consumer Protection Act (KSchG), and other relevant legislation, ensuring that while certain liabilities are excluded, mandatory protections such as those covering gross negligence and intentional misconduct remain intact. The document includes specific provisions for various business contexts while incorporating necessary safeguards required under Austrian jurisdiction.

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What is a No Liabilities Agreement?

The No Liabilities Agreement is essential in business relationships where parties wish to clearly define and limit their liability exposure within the bounds permitted by Austrian law. This document is particularly relevant in scenarios involving service provision, facility usage, professional services, or any business activity where risk allocation needs to be clearly defined. The agreement must carefully balance the desire to limit liability with the mandatory requirements of Austrian law, including the ABGB and KSchG, which prohibit the exclusion of certain types of liability such as those arising from gross negligence or intentional misconduct. It's commonly used in business-to-business relationships but requires additional considerations when involving consumers due to Austrian consumer protection regulations.

What sections should be included in a No Liabilities Agreement?

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement and the relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Detailed description of the activities or relationship covered by the liability waiver

5. Liability Exclusions: Specific details of what liabilities are being excluded, within the bounds of Austrian law

6. Permitted Liability Claims: Mandatory carve-outs for liability that cannot be excluded under Austrian law (e.g., intentional misconduct, gross negligence)

7. Duration and Termination: Period for which the liability exclusion applies and circumstances for termination

8. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes

9. Severability: Provision ensuring remainder of agreement remains valid if any part is found unenforceable

10. Entire Agreement: Confirmation that this document represents the complete understanding between parties

What sections are optional to include in a No Liabilities Agreement?

1. Consumer Protection Notice: Required when one party is a consumer, outlining mandatory consumer protection rights under KSchG

2. Data Protection: Required when personal data processing is involved, addressing GDPR compliance and related liabilities

3. Product Liability Provisions: Required when goods or products are involved, addressing mandatory product liability requirements

4. Insurance: Optional section specifying any insurance requirements or recommendations

5. Assignment: Optional section addressing whether rights under the agreement can be assigned to third parties

6. Force Majeure: Optional section addressing extraordinary circumstances beyond parties' control

7. Notices: Optional section detailing how formal communications between parties should be made

What schedules should be included in a No Liabilities Agreement?

1. Schedule 1 - Specific Activities: Detailed list of activities or situations covered by the liability exclusion

2. Schedule 2 - Excluded Claims: Comprehensive list of specific claims that are excluded

3. Schedule 3 - Mandatory Liability Provisions: Reference list of relevant Austrian law provisions that cannot be excluded

4. Appendix A - Risk Acknowledgment Form: Optional form for parties to acknowledge understanding of risks and liability exclusions

5. Appendix B - Insurance Requirements: Optional detailed insurance requirements 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

Cost

Free to use

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