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Waiver Of Liability And Hold Harmless Agreement

Waiver Of Liability And Hold Harmless Agreement Template for Austria

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Key Requirements PROMPT example:

Waiver Of Liability And Hold Harmless Agreement

"I need a Waiver of Liability and Hold Harmless Agreement for my new rock climbing facility in Vienna, which will open in March 2025, covering both adult participants and minors with parental consent, including equipment usage and all indoor climbing activities."

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Document background
The Waiver Of Liability And Hold Harmless Agreement is essential for businesses and organizations operating in Austria that engage in activities carrying inherent risks. This document, governed by Austrian law, serves two primary purposes: it documents the participant's acknowledgment and acceptance of risks, and it provides legal protection for the service provider or facility operator. The agreement must be drafted in compliance with the Austrian Civil Code (ABGB) and consider the limitations imposed by consumer protection laws (KSchG). It's particularly crucial for activities involving physical risk, equipment use, or participation in organized events. The document typically includes detailed risk descriptions, clear waiver language, indemnification provisions, and emergency procedures, all while ensuring fairness and transparency as required under Austrian law.
Suggested Sections

1. Parties: Identification and details of all parties involved, including the party providing the waiver (Releasor) and the party being released from liability (Releasee)

2. Background: Context of the agreement, including the activity or situation for which the liability waiver is being provided

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Claims', 'Liability', 'Indemnification', and specific activity-related terms

4. Risk Acknowledgment: Explicit acknowledgment of the risks involved in the activity and confirmation that the Releasor understands these risks

5. Waiver and Release: The core waiver language releasing the Releasee from liability, specifically detailed under Austrian law requirements

6. Indemnification: Hold harmless provisions where the Releasor agrees to indemnify the Releasee against claims

7. Scope of Agreement: Clear delineation of what activities, timeframes, and circumstances are covered by the waiver

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

9. Governing Law: Explicit statement that Austrian law governs the agreement and its interpretation

10. Signatures: Formal execution section including date and signatures of all parties

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment, relevant when the waiver relates to physical activities or events

2. Photography and Media Release: Additional waiver for use of photographs or media, relevant for events or activities where participants might be photographed

3. Insurance Obligations: Details of any required insurance coverage, relevant for high-risk activities

4. Termination: Terms for ending the agreement, relevant for ongoing activities or memberships

5. Parent/Guardian Consent: Additional section required when the Releasor is a minor

6. COVID-19 or Health Provisions: Specific health-related disclaimers, relevant during public health concerns

7. Dispute Resolution: Optional arbitration or mediation procedures for resolving disputes

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

3. Schedule C - Safety Procedures: Required safety procedures or protocols that must be followed

4. Appendix 1 - Emergency Contact Information: Form for emergency contact details of the Releasor

5. Appendix 2 - Medical Information: Optional form for relevant medical information or conditions

6. Appendix 3 - Equipment Requirements: List of required safety equipment or gear for the activity

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

Entertainment

Tourism and Hospitality

Health and Fitness

Adventure Sports

Event Management

Real Estate

Construction

Manufacturing

Healthcare

Transportation

Retail

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Administrative Services

Customer Relations

Safety and Security

Facility Management

Event Operations

Program Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

General Manager

Business Owner

Athletic Director

Program Coordinator

Recreation Supervisor

Venue Manager

Training Coordinator

Administrative Director

Customer Service Manager

Industries
Austrian Civil Code (ABGB - Allgemeines bürgerliches Gesetzbuch): The fundamental civil law codification that governs contractual relationships, including general provisions on contracts, liability, and damages (particularly §§859-937 on contracts and §§1293-1341 on damages)
Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Regulates contracts between businesses and consumers, including restrictions on liability waivers and unfair contract terms (particularly §6 on prohibited clauses)
General Contract Terms Act (ABGB §§864a, 879): Specific provisions governing unusual clauses in standard terms and conditions, including rules on the validity of liability waivers
Austrian Product Liability Act (PHG - Produkthaftungsgesetz): Relevant for cases involving product liability, as it sets forth mandatory liability rules that cannot be waived
Austrian Commercial Code (UGB - Unternehmensgesetzbuch): Contains specific provisions regarding commercial transactions and liability between businesses
Austrian General Law of Administrative Procedure (AVG - Allgemeines Verwaltungsverfahrensgesetz): May be relevant for waivers involving administrative or public law aspects
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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