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The Tenant Waiver of Liability (Haftungsausschlussvereinbarung für Mieter) is utilized in German residential and commercial leasing contexts where landlords seek to establish clear boundaries of liability for specific risks or circumstances during the tenant's occupancy. This document must carefully navigate the requirements of German tenancy law, particularly the German Civil Code (BGB), which places significant restrictions on liability limitations in rental agreements. The agreement typically accompanies the main lease agreement and includes specific provisions about permitted activities, acknowledged risks, and explicit carve-outs for situations where liability cannot be waived under German law. It's particularly relevant for properties with special features or risks, shared facilities, or where tenants engage in specific activities that might increase liability exposure. The document must be drafted in compliance with German consumer protection regulations and standard business terms provisions (AGB-Recht).

1. Parties: Identification of the landlord and tenant, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the rental relationship, reference to the main lease agreement, and purpose of this waiver

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Liability', 'Covered Activities', and other relevant terms

4. Scope of Waiver: Clear delineation of what specific liabilities are being waived, with explicit mention of what is not waived (e.g., gross negligence, willful misconduct)

5. Tenant Acknowledgments: Tenant's confirmation of understanding the risks and voluntary acceptance of the waiver

6. Permitted Activities: Description of activities and uses of the property that are covered by the waiver

7. Limitations and Exceptions: Explicit statement of what cannot be waived under German law and circumstances where the waiver does not apply

8. Duration: Period for which the waiver remains valid, typically linked to the lease term

9. Severability: Clause ensuring that if any part of the waiver is found invalid, the rest remains in force

10. Governing Law: Confirmation that German law governs the agreement and specific reference to applicable sections of the BGB