No Liabilities Agreement Template for Austria

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Key Requirements PROMPT example:

No Liabilities Agreement

"I need a No Liabilities Agreement under Austrian law for my software development company to use with freelance developers, specifically covering code development and intellectual property, with the agreement to take effect from March 1, 2025."

Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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 | Serial Founder & Legal AI Author

Relevant Industries

Sports and Recreation

Professional Services

Technology

Real Estate

Events and Entertainment

Construction

Healthcare

Education

Manufacturing

Consulting

Relevant Teams

Legal

Risk Management

Compliance

Operations

Business Development

Procurement

Commercial

Contract Administration

Corporate Affairs

General Counsel Office

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Business Development Manager

Operations Director

Facility Manager

Contract Administrator

Chief Legal Officer

General Manager

Project Manager

Business Owner

Chief Risk Officer

Procurement Manager

Commercial Director

Industries
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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