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Waiver Of Responsibility Form for Austria

Waiver Of Responsibility Form Template for Austria

A Waiver of Responsibility Form under Austrian law (Haftungsausschluss) is a legal document that establishes a voluntary relinquishment of the right to bring claims against another party for specified activities or circumstances. Governed by the Austrian Civil Code (ABGB), this document must carefully balance the interests of both parties while adhering to strict Austrian legal requirements, particularly noting that liability for gross negligence and intentional harm cannot be waived. The document typically includes detailed risk acknowledgments, clear scope definitions, and specific exclusions, all while maintaining compliance with Austrian consumer protection laws and civil code provisions.

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What is a Waiver Of Responsibility Form?

The Waiver of Responsibility Form is a crucial legal document used in Austria when one party wishes to protect itself from potential liability claims arising from specific activities or services. This document, governed by Austrian law, particularly the ABGB (Austrian Civil Code), is commonly used in recreational, sporting, educational, and various business contexts where inherent risks exist. The waiver must be carefully drafted to ensure enforceability under Austrian law, which notably prohibits the waiver of liability for gross negligence or intentional harm. It typically includes detailed descriptions of activities, associated risks, and clear acknowledgments from the signing party. The document is particularly relevant in situations involving voluntary participation in potentially risky activities, where participants need to acknowledge their understanding and acceptance of inherent risks.

What sections should be included in a Waiver Of Responsibility Form?

1. Parties: Identification of the party providing the waiver (releasing party) and the party being released from liability (released party), including full legal names and addresses

2. Background: Brief context explaining the circumstances leading to the waiver and the relationship between the parties

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', and 'Liability'

4. Scope of Waiver: Detailed description of what activities, claims, and liabilities are covered by the waiver

5. Acknowledgment of Risks: Express acknowledgment by the releasing party of the risks involved and their voluntary assumption of these risks

6. Exclusions: Clear statement of what is not waived (e.g., gross negligence, intentional harm) as per Austrian law

7. Duration: Period for which the waiver remains valid

8. Governing Law: Specification that Austrian law governs the waiver and its interpretation

9. Signatures: Execution block including date and signatures of all parties

What sections are optional to include in a Waiver Of Responsibility Form?

1. Insurance: Details of any insurance requirements or coverage, recommended when activities involve significant risks

2. Medical Release: Authorization for emergency medical treatment, necessary for activities involving physical risks

3. Parent/Guardian Consent: Required when the releasing party is a minor

4. Photographic Release: Waiver of rights related to photographs or recordings, relevant for public events or activities

5. Severability: Clause ensuring remaining provisions stay valid if part of waiver is found unenforceable

What schedules should be included in a Waiver Of Responsibility Form?

1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule C - Safety Procedures: Optional schedule detailing safety procedures and protocols that will be followed

4. Appendix 1 - Emergency Contact Information: Form for emergency contact details of the releasing party

Authors

Alex Denne

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

Jurisdiction

Austria

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions
























Clauses
























Relevant Industries

Sports and Recreation

Education and Training

Entertainment

Tourism and Hospitality

Health and Fitness

Adventure Sports

Events Management

Corporate Activities

Youth Programs

Medical Services

Recreational Facilities

Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Service

Administration

Safety and Security

Events Management

Program Management

Business Development

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Events Manager

Operations Director

Facility Manager

Safety Coordinator

Program Director

Sports Director

Training Coordinator

Activities Supervisor

Customer Relations Manager

Administrative Manager

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

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