The General Waiver of Liability is a crucial risk management tool used in various business and recreational contexts under German law. This document is essential when organizations or individuals need to protect themselves from potential liability claims while engaging in activities that carry inherent risks. The waiver must be carefully structured to comply with German legal requirements, particularly the German Civil Code (BGB) provisions regarding liability limitations. Unlike jurisdictions with broader freedom of contract, German law places significant restrictions on liability waivers, prohibiting the exclusion of liability for intentional acts, gross negligence, and certain types of damages. The document typically includes comprehensive risk disclosures, clear scope definitions, and explicit statements about non-waivable rights, making it an essential tool for businesses operating in Germany.
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1. Parties: Identification and details of the party providing the waiver (Releasor) and the party being released from liability (Releasee)
2. Background: Context of the relationship between parties and circumstances leading to the waiver
3. Definitions: Clear definitions of key terms used in the document, including 'Activities', 'Claims', 'Losses', etc.
4. Scope of Waiver: Detailed description of activities, situations, and types of claims covered by the waiver, with explicit mention of what is not waived under German law
5. Acknowledgment of Risk: Statement that the Releasor understands and accepts the risks involved in the activities
6. Non-Waivable Rights: Clear statement of rights that cannot be waived under German law, including intentional acts and gross negligence
7. Representations and Warranties: Statements by the Releasor confirming their capacity to enter into the agreement and understanding of its implications
8. Duration: Period for which the waiver remains valid
9. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts
1. Insurance: Details of any insurance requirements or coverage relevant to the activities covered by the waiver
2. Emergency Contact: Contact information for emergencies, recommended for waivers involving physical activities or events
3. Medical Disclosure: Section for disclosure of relevant medical conditions, recommended for activities with physical risks
4. Photo/Media Release: Additional waiver for use of photographs or media, relevant for events or activities involving photography or recording
5. Severability: Clause ensuring that if any provision is found invalid, the remainder of the waiver remains in effect
6. Third Party Rights: Extension of waiver protection to third parties involved in providing services or activities
7. Data Protection: GDPR compliance section for handling personal data, required if personal data is being collected or processed
1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities
3. Schedule C - Safety Procedures: Required safety measures and procedures related to the activities
4. Appendix 1 - Emergency Procedures: Detailed emergency protocols and contact information
5. Appendix 2 - Insurance Details: Specific insurance requirements and coverage details if applicable
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