The Business Waiver of Liability agreement is a crucial legal document used in Dutch business relationships where one entity wishes to limit its liability exposure to another in specific business contexts. This document is particularly important in situations involving inherent business risks, professional services, or activities where clear risk allocation is essential. The waiver must comply with Dutch law, particularly the Dutch Civil Code (Burgerlijk Wetboek), which sets specific limitations on liability exclusions. The document typically includes detailed descriptions of covered activities, explicit liability limitations, and mandatory exceptions for gross negligence and willful misconduct. It's designed to provide legal certainty while maintaining fairness in business relationships, making it an essential tool for risk management in various business contexts.
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1. Parties: Identification of the parties entering into the waiver agreement, including full legal names, registration numbers, and registered addresses
2. Background: Context of the business relationship and purpose of the waiver
3. Definitions: Key terms used throughout the document, including specific activities, services, or situations covered by the waiver
4. Scope of Activities: Detailed description of the business activities, services, or situations covered by the waiver
5. Waiver of Liability: Core provisions detailing the specific liabilities being waived, subject to Dutch law limitations
6. Exceptions to Waiver: Explicit statement of circumstances not covered by the waiver, including mandatory exceptions under Dutch law
7. Representations and Warranties: Statements by both parties regarding their understanding of risks and capacity to enter into the agreement
8. Duration and Termination: Period for which the waiver remains valid and circumstances under which it may be terminated
9. Governing Law and Jurisdiction: Explicit statement of Dutch law governance and jurisdiction for dispute resolution
10. Entire Agreement: Confirmation that the document represents the complete understanding between the parties
1. Insurance Requirements: Details of any required insurance coverage, recommended when specific risk management measures are needed
2. Indemnification: Mutual or one-way indemnification provisions, useful for complex business relationships with specific risk allocations
3. Severability: Provision ensuring remaining clauses stay valid if some are found unenforceable, recommended for complex agreements
4. Assignment: Rules regarding transfer of rights and obligations, important for larger business relationships
5. Notice Requirements: Procedures for formal communications between parties, relevant for ongoing business relationships
6. Dispute Resolution: Alternative dispute resolution procedures, recommended for high-value or complex relationships
7. Language: Specification of prevailing language version, important when parties are from different countries
1. Schedule A - Specific Activities: Detailed list of activities covered by the waiver
2. Schedule B - Risk Assessment: Documentation of known risks and preventive measures
3. Schedule C - Insurance Certificates: Copies of relevant insurance policies and coverage details
4. Appendix 1 - Safety Procedures: Relevant safety protocols and procedures related to the activities
5. Appendix 2 - Contact Information: List of key contacts and emergency procedures
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