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No Liability Form

No Liability Form Template for Germany

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Key Requirements PROMPT example:

No Liability Form

"I need a No Liability Form in German and English for my new rock climbing facility opening in Munich in March 2025, which will be used for both adult participants and minors with parental consent."

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Document background
The No Liability Form is essential for businesses and organizations operating in Germany who need to manage their risk exposure while maintaining compliance with German law. This document is particularly crucial in activities or services that carry inherent risks, where clear communication and acknowledgment of these risks between parties is necessary. The form must carefully balance the legitimate interests of service providers in limiting their liability with the strict consumer protection principles embedded in German law. It's important to note that unlike in some other jurisdictions, German law places significant restrictions on liability waivers, making it essential to draft these forms with precise attention to legal requirements and limitations.
Suggested Sections

1. Parties: Identification of all parties involved, including full legal names and addresses

2. Background: Context of the agreement and explanation of the activities or services involved

3. Definitions: Clear definitions of key terms used throughout the document

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

5. Permitted Liability Exclusions: Clear statement of which liabilities are being excluded, within the bounds of German law

6. Non-Excludable Liabilities: Explicit acknowledgment of liabilities that cannot be excluded under German law (e.g., intentional acts, gross negligence)

7. Risk Acknowledgment: Participant's acknowledgment of understanding the risks involved

8. Emergency Contact Information: Contact details for emergencies (required for certain activities)

9. Governing Law: Confirmation that German law governs the agreement

10. Severability Clause: Standard clause ensuring remaining provisions stay valid if others are found invalid

Optional Sections

1. Medical Conditions Declaration: For physical activities: participant's declaration of relevant medical conditions

2. Insurance Requirements: When specific insurance coverage is recommended or required

3. Photo/Video Release: For activities where photographs or videos may be taken

4. Equipment Usage Terms: When specific equipment is involved in the activity

5. Parent/Guardian Consent: Required when participants are minors

6. Professional Qualifications: When service providers need to confirm their qualifications

7. Data Protection Clause: When personal data processing is involved (GDPR compliance)

Suggested Schedules

1. Schedule 1 - Activity Description: Detailed description of specific activities or services covered

2. Schedule 2 - Safety Procedures: Detailed safety procedures and protocols

3. Schedule 3 - Risk Disclosure: Comprehensive list of potential risks associated with the activities

4. Appendix A - Emergency Procedures: Step-by-step emergency response procedures

5. Appendix B - Equipment Checklist: List of required equipment and safety gear if applicable

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

Adventure Tourism

Fitness and Wellness

Education and Training

Entertainment

Event Management

Equipment Rental

Professional Services

Medical Services

Construction

Transportation

Manufacturing

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Relations

Safety and Security

Administration

Business Development

Facility Operations

Event Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Contract Administrator

Customer Service Manager

Sports Director

Training Coordinator

General Manager

Insurance Coordinator

Industries
German Civil Code (BGB) § 276: Governs responsibility and liability standards, including limitations on excluding liability for intentional acts (which cannot be waived)
German Civil Code (BGB) §§ 305-310: Regulations regarding General Terms and Conditions (AGB-Recht), controlling unfair contract terms and limiting the scope of liability exclusions
Product Liability Act (ProdHaftG): Mandatory product liability rules that cannot be excluded by contractual agreement
German Civil Code (BGB) § 309 No. 7: Specifically prohibits exclusion of liability for damage to life, body, and health, and gross negligence
German Civil Code (BGB) § 278: Regulates liability for agents and representatives, which must be considered in liability limitations
Basic Law (Grundgesetz) Art. 2: Constitutional right to physical integrity, which affects the enforceability of liability waivers
Consumer Rights Directive Implementation Act: Provides additional consumer protection rules that may affect liability limitations in consumer contracts
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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