The Limited Liability Release Form is a critical risk management tool used in German jurisdictions to establish clear boundaries of liability between parties. It is commonly employed when one party engages in potentially risky activities or services provided by another party. The document must carefully balance the parties' interests while adhering to strict German legal requirements, particularly the BGB's provisions on liability limitations. The form explicitly states which liabilities are being released while acknowledging non-waivable rights under German law, such as liability for intentional misconduct or gross negligence. This document is essential in various contexts, from recreational activities to professional services, and must be tailored to specific circumstances while maintaining compliance with German legal standards.
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1. Parties: Identification of the releasing party (Releasor) and the party being released (Releasee), including full legal names and addresses
2. Background: Context of the relationship between parties and the circumstances necessitating the liability release
3. Definitions: Clear definitions of key terms used in the agreement, particularly the scope of 'Released Activities' and 'Claims'
4. Scope of Release: Detailed description of the activities, circumstances, and time period covered by the release
5. Release Statement: The core liability release language, clearly stating which liabilities are being waived, subject to German law limitations
6. Excluded Liabilities: Express statement of liabilities that cannot be released under German law (e.g., intentional misconduct, gross negligence, death, personal injury)
7. Representations and Warranties: Statements by the Releasor regarding their understanding of the release and capacity to enter into it
8. Governing Law: Explicit statement that German law governs the agreement and its interpretation
9. Severability: Provision stating that if any part of the release is found invalid, the remainder stays in effect
10. Entire Agreement: Confirmation that this document represents the complete agreement regarding the release
1. Consideration: Details of any payment or consideration for the release, if applicable
2. Insurance: Insurance-related provisions if the release relates to insured activities
3. Duration: Specific time limitations of the release, if not indefinite
4. Indemnification: Additional indemnification provisions beyond the basic release, if required
5. Dispute Resolution: Specific procedures for handling disputes, including potential mediation or arbitration provisions
6. Third Party Rights: Extension of release to related parties, agents, or representatives of the Releasee
7. Data Protection: GDPR compliance provisions if personal data processing is involved
1. Schedule A - Description of Activities: Detailed description of activities covered by the release
2. Schedule B - Specific Risks: Enumeration of specific risks being acknowledged and released
3. Schedule C - Insurance Coverage: Details of relevant insurance policies and coverage, if applicable
4. Appendix 1 - Consent Forms: Any additional consent forms required for specific activities
5. Appendix 2 - Safety Guidelines: Safety procedures and guidelines related to the released activities
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Healthcare
Education
Real Estate
Manufacturing
Professional Services
Entertainment
Research and Development
Tourism and Hospitality
Construction
Retail
Technology
Automotive
Fitness and Wellness
Relevant Teams
Legal
Risk Management
Compliance
Operations
Facilities Management
Event Management
Safety and Security
Business Development
Contract Administration
Human Resources
Executive Leadership
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Director
Facility Manager
Event Coordinator
Safety Officer
Business Development Manager
Contract Administrator
General Manager
Human Resources Director
Chief Executive Officer
Chief Operating Officer
Program Director
Athletic Director
Property Manager
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