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Simple Waiver Of Liability Form

Simple Waiver Of Liability Form Template for Austria

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Key Requirements PROMPT example:

Simple Waiver Of Liability Form

"I need a Simple Waiver Of Liability Form for my new rock climbing facility in Vienna, Austria, which will be used by both experienced climbers and beginners participating in our training programs starting March 2025."

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Document background
The Simple Waiver Of Liability Form is a critical risk management tool used in Austrian business and recreational contexts. It serves to document a party's voluntary assumption of risk and waiver of legal claims against another party, within the boundaries permitted by Austrian law. This document is essential when offering activities or services that carry inherent risks, requiring careful drafting to comply with the Austrian Civil Code (ABGB) and Consumer Protection Act (KSchG). The form explicitly cannot waive liability for gross negligence or intentional harm, as per Austrian law, and must be particularly carefully drafted when used in consumer contracts. It's commonly used in sports facilities, adventure activities, professional services, and events where participants need to acknowledge and accept certain risks.
Suggested Sections

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

2. Background: Brief context explaining the circumstances requiring the waiver and the relationship between the parties

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', and scope of liability being waived

4. Waiver and Release: Core section detailing the specific rights, claims, and causes of action being waived, with explicit mention of what is not waived under Austrian law

5. Acknowledgment of Understanding: Statement confirming that the Releasor understands the implications of signing the waiver and has had the opportunity to seek legal advice

6. Governing Law: Explicit statement that Austrian law governs the waiver and its interpretation

7. Execution: Signature blocks, date, and any witnessing requirements

Optional Sections

1. Assumption of Risk: Additional section needed when the waiver relates to inherently risky activities, detailing specific risks being assumed

2. Insurance: Section addressing insurance coverage and responsibilities, particularly relevant for commercial or high-risk activities

3. Indemnification: Optional clause where the Releasor agrees to indemnify the Releasee against third-party claims

4. Severability: Clause ensuring partial enforceability if certain provisions are found invalid, particularly important given Austrian restrictions on liability waivers

5. Language Declaration: Required only for bilingual versions, declaring which language version prevails in case of discrepancies

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of activities or services covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities (particularly important for high-risk activities)

3. Appendix 1 - German Translation: German language version of the waiver if required for bilingual execution

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

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alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Tourism and Hospitality

Education and Training

Events and Entertainment

Professional Services

Healthcare and Wellness

Real Estate

Adventure Sports

Fitness and Gyms

Transportation

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Safety and Security

Facilities Management

Event Management

Program Administration

Contract Administration

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Recreation Director

Program Administrator

Contract Manager

Customer Service Manager

Sports Instructor

Tour Guide

Training Coordinator

Industries
Austrian Civil Code (ABGB): The fundamental civil law code that governs contracts, torts, and liability matters in Austria. Particularly relevant sections include §859 (contract formation), §879 (void contracts), and §1295-1299 (liability provisions).
Consumer Protection Act (KSchG): Regulates contracts between businesses and consumers, including restrictions on liability waivers in consumer contracts. Particularly relevant when the waiver is used in a business-to-consumer context.
General Contract Law Provisions: Sections of ABGB (§861-§864a) dealing with contract formation, consent, and clarity requirements in standard form contracts.
Section 879(3) ABGB: Specifically addresses unfair contract terms, particularly relevant for liability waivers as it prohibits grossly disadvantageous terms in standard form contracts.
Sections 1295-1299 ABGB: Core provisions on civil liability and duty of care, defining the scope of what can and cannot be waived in terms of liability.
Austrian Electronic Signature Act: Relevant if the waiver is to be executed electronically, governing the validity of electronic signatures in legal documents.
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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