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The Personal Injury Waiver Form is an essential legal document used in Germany when individuals participate in activities that carry inherent risks of physical injury. It serves as a risk management tool for businesses and organizations while respecting the strict requirements of German law regarding liability limitations. The document is particularly relevant in light of §§ 305-310 BGB governing standard business terms and § 309 No. 7 BGB concerning limitations on liability exclusions. This waiver form is commonly used in sports facilities, adventure activities, medical trials, and various recreational settings. It must be carefully drafted to exclude only those liabilities permitted under German law while maintaining mandatory protections for participants. The document typically includes comprehensive risk disclosures, clear acknowledgments of voluntary participation, and detailed emergency procedures, all while ensuring compliance with German consumer protection standards.

1. Parties: Identification of the party providing the waiver (releaser) and the party receiving the waiver (releasee), including full legal names and addresses

2. Background: Description of the activity or context for which the waiver is being provided, including the nature of potential risks

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activity', 'Injury', 'Claims', and other relevant terms

4. Acknowledgment of Risks: Detailed description of the risks involved in the activity, demonstrating that the releaser understands these risks

5. Voluntary Participation: Statement confirming that participation is voluntary and that the releaser is physically capable of participating

6. Scope of Waiver: Precise description of what claims are being waived, carefully worded to comply with § 309 No. 7 BGB

7. Permitted Liability Exclusions: Clear statement of which liabilities can legally be excluded under German law

8. Mandatory Liability Provisions: Statement of liabilities that cannot be waived under German law (e.g., intentional acts, gross negligence)

9. Representations and Warranties: Statements by the releaser regarding their capacity to enter into the agreement and understanding of its terms

10. Governing Law: Specification of German law as the governing law and jurisdiction

11. Severability: Provision stating that if any part of the waiver is found to be invalid, the remainder remains in effect