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Waiver And Release Of Liability Form

Waiver And Release Of Liability Form Template for Austria

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Key Requirements PROMPT example:

Waiver And Release Of Liability Form

"I need a Waiver and Release of Liability Form for my rock climbing facility in Vienna, which will be used for both adult participants and minors (with parental consent), including specific provisions for equipment usage and emergency medical treatment."

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Document background
The Waiver And Release of Liability Form is a crucial legal document used in Austria when businesses or organizations offer activities that carry inherent risks. This document serves to protect service providers from certain liability claims while ensuring participants are fully informed of the risks they are assuming. Under Austrian law, particularly the ABGB (Austrian Civil Code) and consumer protection regulations, liability waivers must be carefully drafted as they are more strictly regulated than in common law jurisdictions. The document typically includes detailed risk acknowledgments, clear scope of activities covered, specific limitations on liability, and explicit statements about what cannot be waived under Austrian law. It's essential for activities ranging from sports and recreation to educational programs and events, requiring regular review and updates to maintain compliance with evolving legal requirements.
Suggested Sections

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

2. Background: Context of the relationship between the parties and the activities or services that are subject to the waiver

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

4. Acknowledgment of Risks: Detailed description of the risks associated with the activities that the Releasor acknowledges and understands

5. Waiver and Release: The core provision where the Releasor waives their rights to bring claims against the Releasee, specifically detailing what types of liability are being waived

6. Exceptions to Release: Clear statement of what liabilities cannot be waived under Austrian law, including gross negligence and intentional misconduct

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

8. Governing Law and Jurisdiction: Specification that Austrian law governs the agreement and designation of jurisdiction for any disputes

9. Execution: Signature blocks and date of execution

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment, relevant for sports or high-risk activities

2. Insurance Obligations: Details of any insurance requirements or recommendations, particularly relevant for dangerous activities

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

4. Photo/Video Release: Additional waiver for use of photographs or videos, relevant for events or activities where media might be captured

5. Parent/Guardian Consent: Required when the Releasor is a minor or otherwise legally incapacitated

6. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains in effect

Suggested Schedules

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

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule C - Safety Rules and Procedures: List of safety rules and procedures that must be followed during the activities

4. Appendix 1 - Emergency Contact Form: Form for emergency contact information and relevant medical information

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

Education

Tourism

Fitness and Wellness

Adventure Sports

Event Management

Healthcare

Hospitality

Professional Services

Non-Profit Organizations

Youth Services

Transportation

Construction

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Administration

Compliance

Safety and Security

Event Management

Program Management

Facilities Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Event Coordinator

Safety Officer

Facility Manager

Program Director

Recreation Supervisor

Athletic Director

Customer Service Manager

Business Owner

General Manager

Insurance Coordinator

Administrative Director

Industries
Austrian Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): The fundamental civil law code that governs contractual relationships, including basic principles of contract formation, validity, and liability in Austria
Austrian Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Regulates consumer protection rights and limits the extent to which liability can be waived in consumer contracts
Product Liability Act (PHG - Produkthaftungsgesetz): Governs product liability and limitations on disclaiming liability for product-related damages
General Civil Code §879 ABGB: Specifically addresses the nullity of contracts, including provisions that are against good morals or excessively broad waivers of liability
General Civil Code §915 ABGB: Provides rules for contract interpretation, particularly relevant for unclear waiver provisions
General Civil Code §1298 ABGB: Addresses burden of proof in liability cases and limitations on liability exclusions
General Civil Code §1295 ABGB: Defines basic principles of tort law and compensation for damages, which affect the scope of valid liability waivers
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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