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Generic Release Of Liability

Generic Release Of Liability Template for Germany

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Key Requirements PROMPT example:

Generic Release Of Liability

"I need a Generic Release of Liability agreement for my rock climbing facility in Munich, to be used starting January 2025, that releases us from liability for standard climbing activities while maintaining compliance with German safety regulations and including specific provisions for equipment usage."

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Document background
The Generic Release Of Liability agreement is a essential legal instrument used in various business and personal contexts under German law. It serves to document the voluntary waiver of certain legal claims by one party (the releasor) against another party (the releasee), subject to the strict limitations imposed by German law. This document is particularly useful in situations involving business transactions, recreational activities, property use, or service provisions where parties wish to allocate risk appropriately. The agreement must comply with the German Civil Code (BGB), especially regarding form requirements and restrictions on liability exclusions for gross negligence, intentional acts, and personal injury. It typically includes detailed descriptions of the released claims, explicit statements about retained rights, and appropriate considerations for the release.
Suggested Sections

1. Parties: Identification of the releasing party (Freistellender) and the released party (Freigestellter), including full legal names, addresses, and any registration numbers for legal entities

2. Background: Context of the relationship between the parties and the circumstances leading to this release

3. Definitions: Clear definitions of key terms used in the agreement, particularly defining the scope of activities or circumstances covered by the release

4. Scope of Release: Detailed description of what liability is being released, specifically excluding those that cannot be waived under German law (e.g., gross negligence, intentional acts)

5. Excluded Claims: Explicit statement of claims that cannot and will not be released under German law, including personal injury, death, and gross negligence

6. Representations and Warranties: Statements by both parties confirming their understanding of the release and their authority to enter into it

7. Consideration: Description of any consideration provided in exchange for the release, if applicable

8. Governing Law and Jurisdiction: Specification of German law as governing law and designation of competent courts

9. Severability: Standard severability clause (Salvatorische Klausel) as required under German law

Optional Sections

1. Duration and Survival: Used when the release needs to specify a time period or ongoing obligations - particularly relevant for temporary or conditional releases

2. Insurance Obligations: Include when there are specific insurance requirements or implications related to the release

3. Indemnification: Used when one party agrees to indemnify the other against third-party claims - must be carefully worded to comply with German law

4. Confidentiality: Include when the circumstances of the release or related information need to remain confidential

5. Future Claims: Used when addressing potential future claims, must be carefully worded as blanket future releases may be limited under German law

6. Third Party Rights: Include when the release affects rights of third parties or when third parties are intended to benefit from the release

7. Dispute Resolution: Optional alternative dispute resolution procedures, such as mediation before court proceedings

Suggested Schedules

1. Description of Incidents: Detailed description of specific incidents or circumstances covered by the release, if applicable

2. Related Agreements: List and copies of any related agreements or documents referenced in the main release

3. Power of Attorney: If applicable, documentation proving authority to sign for corporate entities or represented parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Construction

Real Estate

Events and Entertainment

Manufacturing

Professional Services

Healthcare

Education

Retail

Transportation and Logistics

Hospitality

Fitness and Wellness

Relevant Teams

Legal

Risk Management

Compliance

Operations

Human Resources

Facilities Management

Corporate Affairs

Insurance

Safety and Security

Project Management

Business Development

Administration

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Business Owner

Operations Manager

Contract Administrator

General Manager

Facility Manager

Event Coordinator

Human Resources Director

Safety Officer

Insurance Manager

Corporate Secretary

Business Development Manager

Project Manager

Industries
Bürgerliches Gesetzbuch (BGB) § 305-310: German Civil Code sections on General Terms and Conditions (AGB-Recht), which regulate standard contract terms and their validity, particularly important for pre-formulated liability releases
BGB § 276-278: Provisions on responsibility for fault, negligence, and liability for agents, defining the scope of what can and cannot be waived
BGB § 309 No. 7: Prohibitions on excluding liability for death, personal injury, and gross negligence - these cannot be waived under German law
BGB § 126-126b: Requirements for written form and electronic form of contracts, specifying how the release must be documented to be legally valid
Produkthaftungsgesetz (ProdHaftG): Product Liability Act - relevant if the release involves products, as product liability cannot be completely waived under German law
BGB § 138: Moral transgression (contra bonos mores) - ensures the release agreement doesn't violate public policy or good morals
BGB § 311: Regulations on legal transactions and obligations, forming the basis for contractual relationships including releases
Gesetz gegen den unlauteren Wettbewerb (UWG): Unfair Competition Act - relevant if the release is used in a business context to ensure it doesn't create unfair competitive advantages
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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