This Non-Liability Agreement is designed for use in Belgian jurisdiction when parties need to establish clear boundaries of liability in their business or professional relationships. It's particularly relevant when offering services or engaging in activities where risk allocation needs to be clearly defined and agreed upon. The document incorporates essential elements required under Belgian law, including mandatory exceptions for gross negligence and willful misconduct, while providing flexibility to address specific business needs. It's commonly used in professional services, recreational activities, facility usage, and business partnerships where one party wishes to limit their liability exposure within legally permissible bounds. The agreement must comply with Belgian Civil Code requirements and relevant EU regulations, particularly concerning consumer protection and unfair contract terms when applicable.
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1. Parties: Identification and details of all parties entering into the agreement
2. Background: Context of the agreement and relationship between the parties
3. Definitions: Definitions of key terms used throughout the agreement
4. Scope of Agreement: Clear delineation of activities and circumstances covered by the liability waiver
5. Nature of Liability Limitation: Specific details of what liabilities are being waived or limited
6. Exceptions to Liability Limitation: Mandatory exceptions under Belgian law, including willful misconduct and gross negligence
7. Representations and Warranties: Statements of fact and guarantees by each party
8. Duration and Termination: Period of effectiveness and circumstances for termination
9. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction
10. Entire Agreement: Integration clause confirming this document represents the complete agreement between parties
1. Insurance Requirements: Required when parties need to maintain specific insurance coverage - typically used in higher-risk activities
2. Indemnification: Include when one party agrees to protect the other from third-party claims
3. Severability: Include when there's risk that certain provisions might be found invalid
4. Force Majeure: Include when external events could affect the liability relationship
5. Consumer Protection Notice: Required when one party is a consumer under Belgian law
6. Data Protection: Include when activities involve personal data processing
7. Notice Requirements: Include when specific notification procedures are needed for liability-related events
8. Alternative Dispute Resolution: Include when parties prefer mediation or arbitration before court proceedings
1. Schedule 1: Specific Activities: Detailed list of activities covered by the liability limitation
2. Schedule 2: Excluded Risks: Specific enumeration of risks and activities explicitly excluded from the liability limitation
3. Appendix A: Insurance Certificates: Copies of required insurance certificates if insurance requirements are included
4. Appendix B: Risk Assessment: Documentation of known risks and preventive measures, particularly important for high-risk activities
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