The Liability Waiver is a crucial legal document used in Belgium to manage risk and establish clear understanding between parties regarding the allocation of liability for specific activities or services. It is particularly relevant in situations where one party is providing services or facilities that carry inherent risks, and the other party agrees to assume certain risks associated with their participation. Under Belgian law, while parties can agree to certain liability limitations, the waiver cannot exclude liability for gross negligence, willful misconduct, or death. The document must be drafted in compliance with the Belgian Civil Code, consumer protection laws, and where applicable, sector-specific regulations. This Liability Waiver typically includes detailed descriptions of activities, associated risks, safety procedures, and clear acknowledgments of understanding by all parties involved.
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1. Parties: Identification of all parties involved in the waiver agreement, including full legal names and addresses
2. Background: Context of the agreement, describing the activities or services involved and the relationship between the parties
3. Definitions: Clear definitions of key terms used throughout the document, including 'Activities', 'Liability', and 'Claims'
4. Scope of Activities: Detailed description of the activities, services, or situations covered by the waiver
5. Acknowledgment of Risks: 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 what liability is being waived, subject to Belgian law limitations
7. Exclusions: Clear statement of what cannot be waived under Belgian law (e.g., gross negligence, willful misconduct)
8. Duration: Period for which the waiver remains valid
9. Governing Law: Explicit statement that the waiver is governed by Belgian law
10. Signatures: Execution block including date and signatures of all parties
1. Medical Authorization: Optional section for waivers involving physical activities, authorizing emergency medical treatment if needed
2. Parent/Guardian Consent: Required when the participant is a minor or legally incapacitated person
3. Insurance Obligations: Details of any insurance requirements or recommendations for the activities covered
4. Indemnification: Additional provisions where the signing party agrees to indemnify the other party against third-party claims
5. Severability: Clause stating that if any provision is found invalid, the remainder of the waiver remains in effect
6. Data Processing: Required when personal data will be collected or processed, ensuring GDPR compliance
7. Photo/Video Release: Optional section for activities where photographs or videos may be taken
8. Translation Declaration: Required when the waiver is provided in multiple languages, establishing which version prevails
1. Schedule A - Description of Activities: Detailed list and description of all activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities
3. Schedule C - Safety Procedures: Description of safety measures and procedures participants must follow
4. Appendix 1 - Emergency Contact Form: Form for participant's emergency contact information
5. Appendix 2 - Medical Information Form: Optional form for relevant medical information when activities involve physical risks
6. Appendix 3 - Equipment List: List of required equipment or gear for the activities, if applicable
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