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Release Of Liability Agreement

Release Of Liability Agreement Template for Austria

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Key Requirements PROMPT example:

Release Of Liability Agreement

"I need a Release of Liability Agreement for my adventure sports business in Austria, covering rock climbing and hiking activities, which will protect my company from potential claims while complying with Austrian consumer protection laws."

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Document background
A Release of Liability Agreement is essential in situations where parties wish to manage risk and prevent future legal claims in Austria. This document is commonly used before engaging in potentially risky activities, completing significant transactions, or resolving disputes. It must be drafted in accordance with Austrian civil law, particularly the ABGB (Austrian Civil Code) and the Consumer Protection Act (KSchG). The agreement typically includes detailed descriptions of released claims, warranties, and representations, while considering non-waivable mandatory liability provisions under Austrian law. It's particularly relevant in sports, recreation, business transactions, and service provisions where risk management is crucial. The document should be carefully structured to ensure enforceability while protecting both parties' interests within the Austrian legal framework.
Suggested Sections

1. Parties: Identification of all parties involved in the release agreement, including full legal names, addresses, and any relevant registration numbers for entities

2. Background: Context of the relationship between the parties and circumstances leading to the release of liability

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Released Claims', 'Releasing Party', 'Released Party', etc.

4. Scope of Release: Detailed description of what claims, rights, and liabilities are being released

5. Consideration: Statement of the consideration being provided in exchange for the release

6. Representations and Warranties: Statements by the releasing party regarding their understanding of the agreement and authority to enter into it

7. Duration: Time period for which the release remains valid

8. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of competent courts

9. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains in force

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

Optional Sections

1. Indemnification: Additional provisions where the releasing party agrees to indemnify the released party against future claims - used in higher-risk situations

2. Insurance: Details of any insurance requirements or coverage - relevant when the release involves ongoing activities or risks

3. Confidentiality: Provisions regarding confidentiality of the agreement terms - used when privacy is important to the parties

4. Future Claims: Specific provisions about potential future claims - particularly relevant in personal injury or ongoing risk scenarios

5. Data Protection: Specific provisions regarding handling of personal data - required when personal data processing is involved

6. Exceptions to Release: List of specific claims or rights that are not being released - used when certain matters need to be preserved

Suggested Schedules

1. Schedule 1 - Description of Released Claims: Detailed list or description of specific claims, incidents, or circumstances being released

2. Schedule 2 - Excluded Claims: List of specific claims or rights explicitly excluded from the release

3. Appendix A - Risk Acknowledgment Form: Detailed acknowledgment of risks being assumed by the releasing party - used in high-risk activities

4. Appendix B - Insurance Certificates: Copies of relevant insurance certificates when insurance provisions are included

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

Entertainment

Healthcare

Education

Construction

Manufacturing

Real Estate

Tourism and Hospitality

Professional Services

Retail

Transportation

Events Management

Fitness and Wellness

Adventure Tourism

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Event Management

Safety and Security

Human Resources

Insurance

Corporate Governance

Administrative Services

Business Development

Customer Relations

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Contract Administrator

General Manager

Human Resources Director

Insurance Manager

Corporate Secretary

Chief Legal Officer

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contractual relationships, including liability matters and waivers, particularly §§ 859-937 on contracts and §§ 1293-1341 on tort law and damages
Austrian Consumer Protection Act (KSchG): Regulates contracts between businesses and consumers, including restrictions on liability waivers in consumer contracts (particularly relevant if the release agreement involves a business-consumer relationship)
Product Liability Act (PHG): Relevant if the release of liability involves products or services, as it sets forth mandatory liability provisions that cannot be waived in advance
General Civil Law Amendment 2019: Contains updates to liability and damages provisions in Austrian civil law, including modifications to the ABGB
Data Protection Act (DSG): Required consideration if the release agreement includes provisions about personal data processing or privacy rights
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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