The Release And Waiver of Liability is a critical legal document used in Germany when individuals participate in activities that carry inherent risks. It serves to document the participant's informed consent and voluntary assumption of risks while protecting the organizing entity from certain liability claims. The document must strictly comply with German legal requirements, particularly the German Civil Code (BGB), which prohibits waiver of liability for intentional acts, gross negligence, and certain types of personal injury. This agreement is commonly used in sports events, recreational activities, training programs, and various corporate or educational events. It includes specific provisions for risk acknowledgment, scope of release, and mandatory exceptions required under German law. The document should be drafted with particular attention to clarity and specificity to ensure enforceability while maintaining fairness to all parties involved.
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1. Parties: Identification of the parties including the releasor (person waiving rights) and releasee (person/entity being released from liability)
2. Background: Context of the waiver, including the activity or situation for which liability is being waived
3. Definitions: Key terms used in the agreement, including 'Claims', 'Liability', 'Released Parties', and specific activity-related terms
4. Acknowledgment of Risks: Detailed description of the risks involved and confirmation that the releasor understands these risks
5. Waiver and Release: Core section detailing the specific liabilities being waived and released, with clear scope and limitations
6. Exceptions to Waiver: Mandatory section under German law specifying what cannot be waived (e.g., gross negligence, intentional harm)
7. Representations and Warranties: Statements by the releasor about their capacity, understanding, and voluntary nature of the waiver
8. Duration and Scope: Time period and geographical scope of the waiver
9. Severability: Provision ensuring remaining clauses stay valid if any part is found unenforceable
10. Governing Law and Jurisdiction: Confirmation of German law application and jurisdiction for disputes
11. Execution: Signature blocks and date of agreement
1. Medical Authorization: Optional section for activities where medical treatment might be needed, authorizing emergency care
2. Photography and Media Release: Optional section for waiving rights related to image use and media recording
3. Insurance Confirmation: Optional section confirming participant's insurance coverage for high-risk activities
4. Parent/Guardian Consent: Required when the releasor is a minor or under legal guardianship
5. Data Protection: GDPR compliance section when personal data processing is involved
6. COVID-19 Provisions: Specific provisions related to pandemic risks and health safety measures
7. Equipment Usage: For activities involving use of specific equipment or facilities
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 to be followed
4. Schedule D - Emergency Contacts: List of emergency contacts and procedures
5. Appendix 1 - Facility Rules: Specific rules and regulations for facility usage if applicable
6. Appendix 2 - Medical Questionnaire: Health information form for activities requiring medical clearance
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Education
Tourism and Hospitality
Healthcare
Fitness and Wellness
Adventure Sports
Corporate Events
Research and Development
Construction
Manufacturing
Transportation
Real Estate
Relevant Teams
Legal
Risk Management
Compliance
Operations
Human Resources
Corporate Affairs
Safety and Security
Event Management
Facility Management
Insurance
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Event Coordinator
Safety Officer
Operations Manager
Facility Manager
Program Director
Athletic Director
Training Coordinator
HR Manager
Contract Administrator
Corporate Secretary
Insurance Manager
General Counsel
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