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Waiver Of Liability Form

Waiver Of Liability Form Template for Austria

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Key Requirements PROMPT example:

Waiver Of Liability Form

"I need a Waiver of Liability Form under Austrian law for my new rock climbing facility in Vienna, which will open in March 2025, including specific provisions for equipment usage and beginner training programs."

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Document background
The Waiver of Liability Form is a crucial legal document used in Austria when one party wishes to be released from potential liability by another party in relation to specific activities or circumstances. This document is particularly important in situations involving recreational activities, professional services, or any scenario where inherent risks exist. The waiver must be carefully drafted to comply with Austrian legal requirements, including the ABGB (Austrian Civil Code), Consumer Protection Act, and other relevant legislation. It's important to note that under Austrian law, certain liabilities cannot be waived, particularly those arising from gross negligence or intentional harm. The document typically includes detailed descriptions of activities, comprehensive risk acknowledgments, clear waiver statements, and explicit mentions of legal limitations, making it essential for risk management and legal compliance in various business and professional contexts.
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 under which the waiver is being given and the relationship between the parties

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

4. Scope of Waiver: Detailed description of the activities, events, or circumstances covered by the waiver

5. Acknowledgment of Risks: Statement acknowledging that the Releasor understands and accepts the risks involved in the activities

6. Release Statement: The core waiver language releasing the Releasee from specified liabilities, with explicit mention of what is and isn't covered under Austrian law

7. Legal Limitations: Clear statement that the waiver does not apply to gross negligence or intentional harm as per Austrian law

8. Governing Law: Specification that Austrian law governs the agreement and jurisdiction details

9. Signatures: Execution block for all parties, including date and place of signing

Optional Sections

1. Medical Release: Used when the activities involve physical risks or potential need for medical treatment, authorizing emergency medical care if needed

2. Insurance Provisions: Include when specifying requirements for insurance coverage or acknowledging existing insurance arrangements

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

4. Photography and Media Release: Include when activities may involve photography or media recording

5. Data Protection: Include when personal data will be collected or processed as part of the activities, ensuring GDPR compliance

6. Survival Clause: Optional clause specifying which provisions survive termination of the agreement

Suggested Schedules

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

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

3. Appendix 1 - Safety Guidelines: Safety procedures and guidelines related to the activities (if applicable)

4. Appendix 2 - Emergency Contacts: List of emergency contacts and procedures (if applicable)

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

Education and Training

Events and Entertainment

Fitness and Wellness

Tourism and Hospitality

Construction

Manufacturing

Healthcare

Professional Services

Real Estate

Retail

Transportation

Technology

Research and Development

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Event Management

Safety and Security

Customer Relations

Contract Administration

Business Development

Human Resources

Quality Assurance

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Athletic Director

Program Coordinator

Training Manager

Customer Service Manager

Contract Administrator

General Manager

Recreation Director

Adventure Sports Instructor

Fitness Center Manager

Tour Operator

Project Manager

Industries
Austrian Civil Code (ABGB - Allgemeines Bürgerliches Gesetzbuch): The fundamental source of Austrian private law, particularly §§ 859-937 governing contracts and §§ 1293-1341 concerning liability and damages
Consumer Protection Act (KSchG - Konsumentenschutzgesetz): Regulates business-to-consumer relationships and places restrictions on liability waivers in consumer contracts, particularly § 6 regarding unfair contract terms
General Terms and Conditions Act (AGB-Gesetz): Governs the validity and enforceability of standard form contracts and general terms and conditions, including liability waivers
Enterprise Code (UGB - Unternehmensgesetzbuch): Relevant for business-to-business liability waivers and commercial relationships
Product Liability Act (PHG - Produkthaftungsgesetz): Mandatory provisions regarding product liability that cannot be waived, especially relevant if the liability waiver relates to products or services
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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