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Waiver And Release Of Liability

Waiver And Release Of Liability Template for Austria

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Key Requirements PROMPT example:

Waiver And Release Of Liability

"I need a Waiver and Release of Liability agreement for my rock climbing facility in Vienna, Austria, which will be used by both adult participants and minors (with parental consent) starting from March 2025, including specific provisions for equipment usage and emergency procedures."

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Document background
The Waiver and Release of Liability agreement is essential for organizations operating in Austria that engage in activities carrying inherent risks or potential liability exposure. This document is particularly crucial in sectors such as sports, recreation, tourism, and education, where participants voluntarily engage in activities with known risks. Under Austrian law, while certain liabilities cannot be waived (such as those arising from gross negligence or willful misconduct), this agreement serves to clearly document the participant's informed consent and assumption of reasonable risks. The document must be drafted in compliance with the Austrian Civil Code (ABGB) and Consumer Protection Act (KSchG), making it essential to clearly outline all potential risks, safety measures, and limitations of the waiver. It should be noted that Austrian courts generally scrutinize such agreements carefully, particularly in consumer contexts, making precise drafting and clear communication of terms crucial.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the activity or circumstance giving rise to the need for the waiver

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Acknowledgment of Risks: Detailed description of the risks being assumed by the releasing party

5. Waiver and Release: Core provisions specifying the scope of the waiver and release of liability

6. Limitations of Waiver: Explicit statement of what cannot be waived under Austrian law (e.g., gross negligence, willful misconduct)

7. Representations and Warranties: Statements by the releasing party regarding their capacity, understanding, and voluntary acceptance

8. Indemnification: Provisions regarding the releasing party's obligation to indemnify the released party

9. Term and Survival: Duration of the waiver and which provisions survive termination

10. Governing Law and Jurisdiction: Specification of Austrian law as governing law and designation of competent courts

11. Entire Agreement: Integration clause confirming the document represents the complete agreement between parties

12. Execution: Signature blocks and date of execution

Optional Sections

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

2. Insurance: Details of required insurance coverage, relevant for high-risk activities

3. Photo/Video Release: Authorization for use of photographs or videos, included when activities may be documented

4. Parent/Guardian Consent: Additional provisions when the releasing party is a minor

5. COVID-19/Health Measures: Specific provisions related to health risks and compliance with health regulations

6. Equipment Use: Specific provisions regarding use of equipment or facilities, included when relevant to the activity

7. Confidentiality: Provisions regarding confidential information, included when sensitive information may be shared

8. Severability: Clause ensuring remainder of agreement survives if any provision is found invalid

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: Documentation of safety procedures and protocols

4. Schedule D - Emergency Contacts: List of emergency contacts and procedures

5. Appendix 1 - Insurance Requirements: Detailed insurance requirements and coverage specifications

6. Appendix 2 - Medical Information Form: Form for relevant medical information and emergency contacts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




























Clauses


























Relevant Industries

Sports and Recreation

Tourism and Hospitality

Education and Training

Entertainment

Health and Fitness

Adventure Sports

Events Management

Construction

Manufacturing

Research and Development

Healthcare

Transportation

Real Estate

Volunteer Organizations

Non-profit Organizations

Professional Services

Retail

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Events Management

Safety and Security

Human Resources

Customer Relations

Insurance Administration

Program Management

Training and Development

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Program Director

Athletic Director

Recreation Coordinator

Training Manager

Human Resources Manager

Customer Service Manager

Business Owner

General Manager

Insurance Coordinator

Adventure Sports Guide

Volunteer Coordinator

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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