The Simple Waiver Of Liability Form is a critical risk management tool used in Austrian business and recreational contexts. It serves to document a party's voluntary assumption of risk and waiver of legal claims against another party, within the boundaries permitted by Austrian law. This document is essential when offering activities or services that carry inherent risks, requiring careful drafting to comply with the Austrian Civil Code (ABGB) and Consumer Protection Act (KSchG). The form explicitly cannot waive liability for gross negligence or intentional harm, as per Austrian law, and must be particularly carefully drafted when used in consumer contracts. It's commonly used in sports facilities, adventure activities, professional services, and events where participants need to acknowledge and accept certain risks.
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1. Parties: Identification of the party providing the waiver (Releasor) and the party being released from liability (Releasee), including full legal names and addresses
2. Background: Brief context explaining the circumstances requiring the waiver and the relationship between the parties
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', and scope of liability being waived
4. Waiver and Release: Core section detailing the specific rights, claims, and causes of action being waived, with explicit mention of what is not waived under Austrian law
5. Acknowledgment of Understanding: Statement confirming that the Releasor understands the implications of signing the waiver and has had the opportunity to seek legal advice
6. Governing Law: Explicit statement that Austrian law governs the waiver and its interpretation
7. Execution: Signature blocks, date, and any witnessing requirements
1. Assumption of Risk: Additional section needed when the waiver relates to inherently risky activities, detailing specific risks being assumed
2. Insurance: Section addressing insurance coverage and responsibilities, particularly relevant for commercial or high-risk activities
3. Indemnification: Optional clause where the Releasor agrees to indemnify the Releasee against third-party claims
4. Severability: Clause ensuring partial enforceability if certain provisions are found invalid, particularly important given Austrian restrictions on liability waivers
5. Language Declaration: Required only for bilingual versions, declaring which language version prevails in case of discrepancies
1. Schedule A - Description of Activities: Detailed description of activities or services covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities (particularly important for high-risk activities)
3. Appendix 1 - German Translation: German language version of the waiver if required for bilingual execution
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