This Health Waiver is designed for use in Austria by healthcare providers, wellness facilities, and organizations offering health-related services. The document is essential when providing medical treatments, conducting fitness activities, or offering wellness services where participants need to acknowledge potential risks and provide informed consent. It complies with Austrian healthcare legislation, including the Federal Act on the Medical Profession (脛rztegesetz) and data protection requirements under GDPR. The Health Waiver includes provisions for risk disclosure, emergency procedures, and personal data processing, while ensuring adherence to Austrian consumer protection laws that limit liability exclusions. It's particularly relevant for situations requiring documented informed consent and risk acknowledgment in health-related contexts.
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1. Parties: Identification of the facility/provider and the individual signing the waiver
2. Background: Context of the waiver, including the nature of activities or treatments covered
3. Definitions: Key terms used in the waiver, including medical terminology and legal concepts
4. Acknowledgment of Risks: Detailed description of potential risks and complications
5. Voluntary Participation: Declaration that participation is voluntary and informed
6. Health Status Declaration: Statement regarding current health status and disclosure of relevant conditions
7. Consent to Medical Treatment: Explicit consent for potential emergency medical intervention
8. Data Protection Notice: GDPR-compliant information about health data processing
9. Liability Limitations: Scope of liability waiver within Austrian legal limits
10. Emergency Contacts: Contact information for emergency situations
11. Governing Law: Specification of Austrian law as governing law
12. Signatures: Execution block with date and signatures
1. Insurance Declaration: Required when the activity or treatment requires specific insurance coverage
2. Medical History: Detailed medical history section for high-risk activities or treatments
3. Photographic Consent: Optional consent for taking and using medical photographs
4. Translation Declaration: Required when the waiver is provided in multiple languages
5. Parent/Guardian Consent: Required for minors or individuals under legal guardianship
6. Withdrawal Rights: Required for specific medical procedures with cooling-off periods
7. Alternative Treatment Options: Required for medical procedures where alternatives must be documented
1. Schedule A - Risk Disclosure: Detailed list of specific risks and potential complications
2. Schedule B - Medical Questionnaire: Detailed health status questionnaire
3. Schedule C - Emergency Procedures: Outline of emergency protocols and procedures
4. Appendix 1 - Data Processing Details: Detailed information about health data processing procedures
5. Appendix 2 - Insurance Information: Details of relevant insurance coverage and limitations
6. Appendix 3 - Facility Rules: Specific rules and protocols of the facility or provider
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