Non-Liability Agreements are essential risk management tools in German business operations, used when parties need to clearly establish the boundaries of their liability obligations. These agreements must be carefully drafted to comply with German law, which places significant restrictions on liability exclusions, particularly under the German Civil Code (BGB). The document is typically used in situations involving inherent risks, such as recreational activities, professional services, or equipment use. A Non-Liability Agreement must explicitly state which liabilities can be excluded while acknowledging mandatory liabilities that cannot be waived under German law, such as those arising from intentional misconduct or gross negligence. The agreement should be tailored to specific activities or services while ensuring it remains enforceable under German legal requirements.
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1. Parties: Identification and details of all parties to the agreement, including legal form of entities
2. Background: Context of the agreement, relationship between parties, and purpose of the liability exclusion
3. Definitions: Key terms used throughout the agreement, including specific activities or situations covered
4. Scope of Agreement: Clear delineation of activities, services, or situations covered by the liability exclusion
5. Liability Exclusions: Specific provisions detailing which liabilities are excluded, subject to German law limitations
6. Mandatory Liabilities: Clear statement of liabilities that cannot be excluded under German law (e.g., intentional acts, gross negligence)
7. Representations and Warranties: Statements by both parties regarding their authority to enter into the agreement and understanding of its terms
8. Severability: Provision ensuring that if any part of the agreement is found invalid, the rest remains in force
9. Governing Law: Explicit statement that German law governs the agreement
1. Duration and Termination: Include when the liability exclusion is intended for a specific time period or ongoing relationship
2. Specific Activities: Detailed description of particular activities or events when more specificity is needed beyond the general scope
3. Insurance: Include when parties are required to maintain specific insurance coverage
4. Indemnification: Include when one party agrees to indemnify the other for certain claims or losses
5. Dispute Resolution: Include when parties wish to specify particular dispute resolution mechanisms
6. Notice Requirements: Include when specific notification procedures are needed for claiming exceptions to liability exclusions
7. Third Party Rights: Include when the agreement needs to address rights of third parties affected by the liability exclusion
1. Schedule 1 - Specific Activities: Detailed list of activities or situations covered by the liability exclusion
2. Schedule 2 - Insurance Requirements: Specific insurance requirements and coverage levels if applicable
3. Schedule 3 - Excluded Claims: Detailed list of specific claims or situations explicitly excluded from the liability exclusion
4. Appendix A - Risk Assessment: Documentation of risk assessment supporting the liability exclusion structure
5. Appendix B - Notice Forms: Standard forms for required notices under the agreement
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Professional Services
Manufacturing
Events and Entertainment
Technology
Healthcare
Education
Construction
Retail
Tourism and Hospitality
Automotive
Consulting
Relevant Teams
Legal
Risk Management
Compliance
Operations
Business Development
Customer Relations
Contract Administration
Safety and Security
Project Management
Facility Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Director
Facility Manager
Event Manager
Business Development Manager
Contract Administrator
Safety Officer
General Manager
Customer Service Manager
Project Manager
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