Generic Liability Waiver Template for Germany

The Generic Liability Waiver is a fundamental legal document used across various industries in Germany to manage risk and establish clear boundaries of liability between parties. This document type must strictly comply with German Civil Code (BGB) requirements, particularly regarding what can and cannot be waived under German law. The waiver template includes essential sections covering party identification, risk acknowledgment, and specific liability limitations, while ensuring that mandatory liabilities (such as those for intentional acts and gross negligence) remain intact. It's designed to be customizable for different business contexts while maintaining compliance with German legal requirements, making it a valuable tool for risk management in various commercial and recreational activities.

1. Parties: Identification of all parties involved in the waiver, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the liability waiver, describing the activity or situation to which the waiver applies

3. Definitions: Clear definitions of key terms used in the waiver, particularly important under German law to ensure transparency

4. Scope of Activities: Detailed description of the specific activities, services, or situations covered by the waiver

5. Acknowledgment of Risks: Explicit acknowledgment of the risks involved and confirmation that the signing party understands these risks

6. Waiver Declaration: The actual waiver statement, carefully worded to comply with German law, specifically excluding what cannot be waived under §§ 309, 276 BGB

7. Retained Rights: Clear statement of rights that cannot be waived under German law, including liability for intentional acts and gross negligence

8. Duration and Termination: Period for which the waiver is valid and conditions under which it may be terminated

9. Governing Law: Explicit statement that the waiver is governed by German law and reference to applicable legislation

10. Severability: Standard clause stating that if any provision is found invalid, the remainder of the waiver remains in effect