Non Liability Agreement

Non Liability Agreement Template for Denmark

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Document background

The Non-Liability Agreement serves as a crucial risk management tool in Danish business operations, providing a framework for parties to allocate and manage potential risks in their business relationships. This document is particularly relevant when one party wishes to protect themselves from potential claims arising from specified activities, services, or use of facilities. Under Danish law, while parties have significant freedom to contract, certain limitations apply - particularly regarding gross negligence and willful misconduct, which cannot be waived. The agreement must comply with the Danish Contracts Act, the Danish Liability and Compensation Act, and other relevant legislation. It is commonly used in situations involving recreational activities, professional services, facility usage, or any scenario where clear risk allocation is necessary.

Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Scope of Agreement: Detailed description of activities or services covered by the liability waiver

5. Liability Waiver: Core provisions detailing the specific liabilities being waived or limited

6. Exceptions to Liability Waiver: Mandatory exceptions under Danish law including gross negligence and willful misconduct

7. Representations and Warranties: Statements of fact and promises made by each party

8. Duration and Termination: Term of the agreement and conditions for termination

9. Governing Law and Jurisdiction: Confirmation of Danish law application and jurisdiction

10. Entire Agreement: Integration clause confirming this document represents the complete agreement

Optional Sections

1. Insurance Requirements: Details of required insurance coverage, used when specific insurance policies are required to support the liability arrangement

2. Indemnification: Specific indemnity provisions, included when one party agrees to protect the other against specific claims

3. Notice Requirements: Procedures for providing notice of claims or incidents, included for more formal arrangements

4. Assignment: Rules regarding transfer of rights under the agreement, included when transfer restrictions are needed

5. Severability: Provisions for maintaining validity if parts are found unenforceable, included in more complex agreements

6. Force Majeure: Provisions for unforeseeable circumstances, included when relevant to the activities covered

7. Confidentiality: Provisions for protecting sensitive information, included when confidential information is shared

Suggested Schedules

1. Schedule of Activities: Detailed list of activities covered by the liability waiver

2. Schedule of Risks: Comprehensive list of specific risks being waived

3. Insurance Specifications: Detailed requirements for insurance coverage, if applicable

4. Form of Notice: Template for required notices under the agreement

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