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Property Liability Waiver for Germany

Property Liability Waiver Template for Germany

A Property Liability Waiver governed by German law (B眉rgerliches Gesetzbuch - BGB) that establishes the terms under which a party accepts limited liability protection for property access or use. The document complies with German legal requirements, particularly regarding the limitations on liability waivers, consumer protection provisions, and the inability to waive liability for gross negligence or intentional acts. It includes specific property details, scope of the waiver, excluded liabilities, and necessary legal notices as required under German law, while maintaining alignment with 搂搂 305-310 BGB regarding General Terms and Conditions (AGB).

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Property Liability Waiver

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What is a Property Liability Waiver?

The Property Liability Waiver is a crucial legal document used in German property management and real estate contexts to establish clear boundaries of liability between property owners/operators and users. This document type is particularly relevant when granting access to or use of property by third parties, whether for commercial, residential, or event purposes. The waiver must strictly comply with German Civil Code (BGB) requirements, which notably restrict the extent to which liability can be waived, particularly for gross negligence or intentional acts. Property Liability Waivers are essential risk management tools but must be carefully drafted to ensure enforceability under German law, including proper formatting of General Terms and Conditions (AGB) and clear presentation of all liability limitations.

What sections should be included in a Property Liability Waiver?

1. Parties: Identification of the property owner/operator and the party accepting the waiver, including full legal names and addresses

2. Background: Context of the waiver, including the purpose and nature of the property access or use

3. Definitions: Clear definitions of key terms, particularly 'Property', 'Liability', 'Damage', and other relevant terms

4. Property Description: Detailed description of the property covered by the waiver, including address and relevant characteristics

5. Scope of Waiver: Specific details of what liability is being waived, with clear limitations as required by German law

6. Excluded Liabilities: Express statement of liabilities that cannot be waived under German law (e.g., gross negligence, intentional acts)

7. Duration and Termination: Period for which the waiver is valid and conditions for termination

8. Governing Law: Confirmation of German law application and jurisdiction

9. Severability: Standard clause ensuring remainder of agreement remains valid if any provision is found unenforceable

What sections are optional to include in a Property Liability Waiver?

1. Insurance Requirements: Required when specific insurance coverage is necessary for property access or use

2. Special Conditions: Used when there are specific property conditions or hazards that require special acknowledgment

3. Emergency Procedures: Included when the property use involves potential safety risks requiring specific emergency responses

4. Indemnification: Optional additional protection for property owner, used in higher-risk situations

5. Photography and Recording: Include when there are restrictions on property documentation

6. Assignment: Required when transfer of waiver rights needs to be addressed

What schedules should be included in a Property Liability Waiver?

1. Property Plan: Detailed layout or plan of the property showing relevant areas covered by the waiver

2. Specific Hazards List: Itemized list of known property hazards or risk areas

3. Safety Guidelines: Detailed safety procedures and guidelines for property use

4. Photo Documentation: Pre-existing condition documentation of the property

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

Jurisdiction

Germany

Document Type

Waiver

Cost

Free to use
Relevant legal definitions






























Clauses

























Relevant Industries

Real Estate

Construction

Event Management

Retail

Hospitality

Industrial Manufacturing

Warehousing

Commercial Property

Residential Property

Entertainment

Sports and Recreation

Education

Relevant Teams

Legal

Compliance

Risk Management

Operations

Facility Management

Property Management

Real Estate

Asset Management

Safety and Security

Contract Administration

Relevant Roles

Property Manager

Facility Manager

Real Estate Manager

Legal Counsel

Compliance Officer

Risk Manager

Operations Manager

Event Coordinator

Building Superintendent

Site Manager

Property Developer

Leasing Manager

Safety Officer

Contract Administrator

Asset Manager

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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