The Release And Waiver Of Liability Form is an essential risk management tool used in Germany when individuals voluntarily participate in activities that carry inherent risks. This document serves to protect organizations from potential liability claims while ensuring compliance with German legal requirements, particularly the German Civil Code (BGB). Unlike similar documents in common law jurisdictions, German liability waivers must carefully navigate strict limitations on what liabilities can be excluded, with certain rights remaining non-waivable by law. The document typically includes comprehensive risk acknowledgments, clear scope definitions, explicit statements about non-waivable rights, and specific details about the activities covered. It's particularly important in sectors involving physical activities, equipment use, or situations where participants might be exposed to calculated risks.
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1. Parties: Identification of the party providing the service/activity (Releasee) and the person signing the waiver (Releasor), including full legal names and addresses
2. Background: Context of the waiver, describing the activity or service being provided and general purpose of the agreement
3. Definitions: Clear definitions of key terms used in the document, including 'Activities', 'Claims', 'Liability', and 'Released Parties'
4. Acknowledgment of Risks: Detailed description of the risks involved in the activity that the Releasor acknowledges and understands
5. Waiver and Release: The core release language specifying what claims are being waived, subject to German law limitations
6. Non-Waivable Rights: Explicit statement of rights that cannot be waived under German law, including liability for intentional acts and gross negligence
7. Representations and Warranties: Statements by the Releasor regarding their capacity to enter into the agreement and understanding of its implications
8. Duration and Scope: Temporal and geographic scope of the waiver's effectiveness
9. Governing Law: Specification of German law as governing law and jurisdiction
10. Severability: Clause ensuring remaining provisions stay in effect if any provision is found invalid
11. Execution: Signature blocks and date of execution
1. Medical Authorization: Authorization for emergency medical treatment, relevant for physical activities or sports
2. Parent/Guardian Consent: Required when the Releasor is a minor or otherwise legally incapacitated
3. Insurance Provisions: Details of any insurance requirements or coverage relevant to the activities
4. Photo/Video Release: Additional waiver for use of participant's image or recordings, if applicable
5. COVID-19 Provisions: Specific acknowledgments and waivers related to pandemic risks, if still relevant
6. Equipment Usage: Specific provisions regarding use of equipment or facilities, if applicable
7. Translation Clause: Required if the waiver is provided in multiple languages
1. Schedule A - Description of Activities: Detailed description of all activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Rules and Procedures: List of safety protocols and procedures that must be followed
4. Schedule D - Emergency Contact Information: Form for emergency contact details of the Releasor
5. Appendix 1 - Health Declaration: Optional health status declaration form for activities requiring physical fitness
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Tourism and Hospitality
Education and Training
Fitness and Wellness
Adventure Sports
Event Management
Medical Services
Research and Development
Manufacturing
Construction
Transportation
Relevant Teams
Legal
Risk Management
Compliance
Operations
Safety and Security
Customer Relations
Business Development
Contract Administration
Facility Management
Program Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Athletic Director
Program Administrator
Recreation Supervisor
Training Coordinator
Customer Service Manager
Business Development Manager
Contract Administrator
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