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Release Of Liability Waiver

Release Of Liability Waiver Template for Austria

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Key Requirements PROMPT example:

Release Of Liability Waiver

"I need a Release of Liability Waiver for my rock climbing facility in Vienna, covering both indoor climbing activities and outdoor guided tours, with specific provisions for equipment use and emergency procedures, to be implemented by March 2025."

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Document background
The Release of Liability Waiver is essential for businesses and organizations operating in Austria that offer activities or services with inherent risks. This document serves to protect service providers from liability claims while respecting the strict requirements of Austrian law, which notably prohibits waivers for gross negligence or intentional harm. The waiver is particularly relevant in situations involving recreational activities, sports, educational programs, or any scenario where participants voluntarily engage in activities with known risks. It must be drafted to comply with the Austrian Civil Code (ABGB) and Consumer Protection Act (KSchG), requiring clear language that participants can easily understand. The document typically includes detailed risk descriptions, explicit acknowledgments by participants, and clear statements about which liabilities can and cannot be waived under Austrian law.
Suggested Sections

1. Parties: Identification of the party granting the waiver (the Releasor) and the party being released from liability (the Releasee), including full legal names and addresses

2. Background: Context of the waiver, including description of the activity or relationship giving rise to the need for the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', and 'Liability'

4. Acknowledgment of Risks: Detailed description of the risks involved in the activity that the Releasor acknowledges and understands

5. Waiver and Release: The core waiver language specifying what claims and rights are being waived, with explicit mention of permissible waivers under Austrian law

6. Exceptions to Waiver: Clear statement that the waiver does not apply to gross negligence or intentional harm, as required by Austrian law

7. Representations and Warranties: Statements by the Releasor confirming their capacity to enter into the agreement and understanding of its implications

8. Governing Law: Specification that Austrian law governs the waiver and its interpretation

9. Severability: Provision stating that if any part of the waiver is found invalid, the remainder continues in effect

10. Signatures: Execution block with date and signatures of all parties

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment, recommended when the activities involve physical risks

2. Insurance: Details of any insurance requirements or recommendations, useful for high-risk activities

3. Parent/Guardian Consent: Required when the Releasor is a minor or person under guardianship

4. Photo/Video Release: Additional waiver for use of images/recordings, relevant for public events or activities

5. Confidentiality: Provisions regarding confidentiality of information, relevant when activities involve exposure to proprietary information

6. Term and Termination: Specification of the duration of the waiver, recommended for ongoing activities

Suggested Schedules

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

2. Schedule B - Safety Procedures: Documentation of safety procedures and protocols that will be followed

3. Schedule C - Equipment List: List of equipment to be used and any specific risks associated with each item

4. Appendix 1 - Emergency Contacts: List of emergency contacts and procedures to be followed in case of emergency

5. Appendix 2 - Facility Rules: Specific rules and regulations of the facility or location where activities will take place

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

Education and Training

Entertainment

Tourism and Hospitality

Health and Fitness

Adventure Sports

Events Management

Professional Services

Medical Services

Outdoor Activities

Relevant Teams

Legal

Risk Management

Operations

Compliance

Administrative Services

Customer Relations

Safety and Security

Program Management

Facility Operations

Event Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Director

Facility Manager

Event Coordinator

Safety Officer

Sports Instructor

Program Director

Business Owner

Recreation Manager

Training Coordinator

General Manager

Customer Service Manager

Administrative Director

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): The fundamental source of Austrian private law that governs contractual relationships, including formation, validity, and termination of contracts, as well as liability principles
Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Regulates business-to-consumer relationships and provides special protections for consumers, including restrictions on waiver clauses
Section 879 ABGB: Specifically deals with void contracts and unconscionable terms, particularly relevant for liability waivers that may be deemed excessive or against public policy
Section 859 ABGB: Defines the basic requirements for contract formation and validity, including capacity to contract and form requirements
Sections 1295-1299 ABGB: Core provisions on civil liability and damages, including limitations on liability exclusions and requirements for valid waivers
Federal Act against Unfair Competition (UWG - Bundesgesetz gegen den unlauteren Wettbewerb): Relevant for ensuring the waiver terms do not constitute unfair business practices or misleading statements
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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