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Risk Waiver

Risk Waiver Template for Austria

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Key Requirements PROMPT example:

Risk Waiver

"I need an Austrian Risk Waiver for my adventure sports company offering rock climbing and white-water rafting activities, including specific clauses for equipment usage and a section for parental consent for participants under 18."

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Document background
The Risk Waiver is essential for businesses and organizations operating in Austria that offer activities with inherent risks or potential hazards. This document, governed by Austrian law, serves as a crucial risk management tool while respecting the strict requirements of the Austrian Civil Code (ABGB) regarding liability limitations. The Risk Waiver must be carefully drafted to exclude liability for ordinary negligence while maintaining mandatory liability for gross negligence and intentional harm. It typically includes comprehensive descriptions of activities, explicit risk acknowledgments, emergency procedures, and specific provisions for different participant categories. The document is particularly important in sectors such as adventure sports, recreational activities, and educational programs where participants must acknowledge and accept certain inherent risks before participation.
Suggested Sections

1. Parties: Identification of all parties involved, including the party assuming the risk and the party being released from liability

2. Background: Context of the agreement, nature of the risky activity, and general circumstances leading to this waiver

3. Definitions: Clear definitions of key terms, including 'Activity', 'Risk', 'Injury', and other relevant terms

4. Activity Description: Detailed description of the activity or activities covered by the waiver

5. Risk Acknowledgment: Explicit acknowledgment of the risks involved and confirmation that the signing party understands these risks

6. Waiver and Release: The core waiver provisions, clearly stating which liabilities are being waived, subject to Austrian law limitations

7. Excluded Liabilities: Clear statement of liabilities that cannot be waived under Austrian law (gross negligence, intentional harm)

8. Representations and Warranties: Statements by the signing party regarding their capacity, understanding, and voluntary acceptance

9. Duration: Period for which the waiver remains valid

10. Governing Law: Explicit statement that Austrian law governs the agreement

11. Severability: Provision ensuring that if any part is found invalid, the rest remains enforceable

12. Signature Block: Space for dates, signatures, and witness signatures if required

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment, used when the activity might require immediate medical attention

2. Photo/Video Release: Additional waiver for use of photographs or videos, included when the activity might be documented

3. Insurance Requirements: Details of required insurance coverage, included when specific insurance is necessary for participation

4. Parent/Guardian Consent: Additional section for minors requiring parent or guardian signature

5. Equipment Usage: Specific provisions regarding equipment use and associated risks, included when equipment is involved

6. Compliance with Rules: Section detailing specific rules and safety procedures, included for regulated activities

7. Cross-Border Activities: Additional provisions for activities crossing international borders

Suggested Schedules

1. Schedule A - Activity Details: Detailed description of the specific activities covered by the waiver

2. Schedule B - Safety Procedures: Comprehensive list of safety procedures and protocols

3. Schedule C - Equipment List: List of equipment used and associated risks

4. Appendix 1 - Emergency Contacts: List of emergency contacts and procedures

5. Appendix 2 - Medical Questionnaire: Health and medical information form for participants

6. Appendix 3 - Facility Rules: Specific rules and regulations for facility usage

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

Adventure Tourism

Entertainment

Education and Training

Fitness and Wellness

Event Management

Outdoor Activities

Extreme Sports

Team Building and Corporate Events

Medical Research

Clinical Trials

Transportation

Aviation

Marine Activities

Equestrian Activities

Relevant Teams

Legal

Risk Management

Compliance

Operations

Safety and Security

Customer Service

Event Planning

Facility Operations

Insurance

Training and Development

Medical Services

Research and Development

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Safety Coordinator

Event Manager

Program Director

Facility Manager

Insurance Coordinator

Customer Relations Manager

Training Coordinator

Adventure Guide

Sports Instructor

Medical Director

Research Coordinator

Industries
Austrian Civil Code (ABGB) § 859: Defines the basic requirements for contract formation and validity in Austria, essential for ensuring the waiver is legally binding
Austrian Civil Code (ABGB) § 879: Governs void and voidable contracts, particularly important as it prohibits unfair contract terms and certain liability exclusions
Austrian Civil Code (ABGB) § 1295: Defines general liability for damages and the scope of liability that can be waived
Austrian Civil Code (ABGB) § 1298: Deals with burden of proof in liability cases and contractual obligations
Consumer Protection Act (KSchG) § 6: Lists unfair contract terms, particularly relevant if the waiver is used with consumers
Consumer Protection Act (KSchG) § 9: Specifically addresses contractual damages provisions in consumer contracts
Austrian Civil Code (ABGB) § 914: Governs the interpretation of contracts, ensuring the waiver is interpreted according to common usage and good faith
Austrian Civil Code (ABGB) § 1346: Regulates general provisions for release of liability and waiver of 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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