Liability Waiver Form Template for Germany

The Liability Waiver Form serves as a critical risk management tool for businesses and organizations operating under German jurisdiction. This document is essential when offering activities or services that carry inherent risks, requiring participants to acknowledge and accept these risks before participation. The form must strictly comply with German Civil Code (BGB) provisions, particularly noting that unlike in some other jurisdictions, German law prohibits waiving liability for intentional acts and gross negligence. The document typically includes detailed activity descriptions, risk acknowledgments, emergency protocols, and clearly defined scope of the waiver. It's particularly relevant for sports facilities, educational institutions, event organizers, and adventure tourism operators, requiring careful drafting to ensure enforceability while maintaining fairness to all parties.

1. Parties: Identification of the party providing the waiver (releaser) and the party receiving the waiver (releasee), including full legal names and addresses

2. Background: Context of the waiver, describing the activity or situation for which the liability waiver is being provided

3. Definitions: Clear definitions of key terms used in the waiver, including 'liability', 'negligence', and specific activity-related terms

4. Scope of Waiver: Detailed description of what liability is being waived, explicitly stating what is not covered (intentional acts, gross negligence)

5. Acknowledgment of Risks: Participant's confirmation of understanding the risks involved in the activity

6. Representations and Warranties: Statements by the participant regarding their capacity, understanding, and voluntary acceptance

7. Duration: Time period for which the waiver is valid

8. Severability: Clause stating that if any provision is found invalid, the remainder of the agreement remains in effect

9. Governing Law: Explicit statement that German law governs the waiver and its interpretation

10. Signatures: Space for dated signatures of all parties, with clear identification of signatories