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No Liability Agreement

No Liability Agreement Template for Austria

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Key Requirements PROMPT example:

No Liability Agreement

"I need a No Liability Agreement for my software development company based in Vienna, providing consulting services to financial institutions, with specific focus on excluding liability for any financial losses resulting from our advisory services while ensuring compliance with Austrian banking regulations."

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Document background
The No Liability Agreement is essential in business relationships where parties seek to clearly define and limit their liability exposure under Austrian law. This document is particularly useful in professional services, high-risk activities, or advisory relationships where one party wishes to limit their potential liability for certain actions or outcomes. The agreement must carefully balance the freedom of contract principles under Austrian law with mandatory legal requirements, including non-excludable liabilities under the Austrian Civil Code (ABGB) for gross negligence and willful misconduct. It includes specific provisions detailing excluded activities, mandatory exceptions, and any insurance requirements, while ensuring compliance with Austrian consumer protection regulations where applicable. The document serves as a crucial risk management tool while maintaining legal validity within the Austrian jurisdiction.
Suggested Sections

1. Parties: Identification and details of the contracting parties

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

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Details of the activities, services, or relationship covered by the liability exclusion

5. Liability Exclusions: Specific details of what liabilities are being excluded or limited

6. Permitted Exceptions: Mandatory exceptions under Austrian law where liability cannot be excluded (e.g., willful misconduct, gross negligence)

7. Duration and Termination: Period of validity for the liability exclusions and termination conditions

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

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

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

Optional Sections

1. Insurance Requirements: Used when parties need to maintain specific insurance coverage despite liability exclusions

2. Indemnification: Include when one party agrees to indemnify the other for certain risks despite general liability exclusions

3. Confidentiality: Required when sensitive information is exchanged in context of the relationship

4. Data Protection: Necessary when personal data processing is involved in the relationship

5. Force Majeure: Include when certain extraordinary events should be explicitly excluded from liability

6. Notice Requirements: Add when specific notification procedures for potential claims or incidents are needed

7. Dispute Resolution: Optional alternative dispute resolution procedures before court proceedings

Suggested Schedules

1. Schedule 1 - Excluded Activities: Detailed list of specific activities or services covered by the liability exclusion

2. Schedule 2 - Risk Assessment: Documentation of known risks that have been evaluated and explicitly excluded

3. Schedule 3 - Insurance Specifications: Details of required insurance coverage if applicable

4. Appendix A - Notification Procedures: Detailed procedures for reporting potential incidents or claims

5. Appendix B - Contact Information: List of key contacts for both parties for various types of communications

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

Technology

Professional Services

Construction

Manufacturing

Sports and Recreation

Education and Training

Real Estate

Healthcare

Entertainment

Transportation

Financial Services

Industrial Services

Software Development

Consulting

Relevant Teams

Legal

Risk Management

Compliance

Operations

Commercial

Finance

Business Development

Project Management

Health and Safety

Insurance

Procurement

Corporate Affairs

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Business Development Manager

Operations Director

Contract Manager

Chief Financial Officer

Chief Executive Officer

Project Manager

Facility Manager

Safety Officer

Insurance Manager

Commercial Director

General Manager

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contract formation, validity, and enforceability of contractual provisions, including liability limitations (particularly §§ 859-937)
Austrian Consumer Protection Act (KSchG): Regulates contracts with consumers and sets limitations on liability exclusions in consumer contracts (especially § 6)
Austrian Commercial Code (UGB): Governs commercial relationships and provides specific rules for liability in business-to-business transactions
Product Liability Act (PHG): Specifies mandatory liability rules for product-related damages that cannot be excluded by contract
General Civil Code § 879: Defines the limits of contractual freedom and declares certain liability exclusions as void if they violate public policy or good morals
Data Protection Act (DSG): Relevant if the agreement involves processing of personal data, as liability for data protection violations cannot be fully excluded
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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