Property Damage Waiver Form Template for Germany

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Key Requirements PROMPT example:

Property Damage Waiver Form

"I need a Property Damage Waiver Form under German law for my commercial warehouse facility in Munich, to be used with multiple logistics companies who will be storing goods during Q2 2025, with specific focus on protecting against damage to loading dock equipment and storage systems."

Document background

The Property Damage Waiver Form is essential in German property management and usage scenarios where parties need to clearly define and limit liability for potential property damage. This document is commonly used in commercial leases, event venues, construction projects, and temporary property use arrangements. It must comply with German Civil Code (BGB) requirements, particularly sections 305-310 regarding general terms and conditions, and sections 276-278 concerning liability standards. The form includes specific provisions about what damages are covered, explicit exceptions for gross negligence and willful misconduct (as required by German law), and clear identification of all parties involved. This document is particularly crucial when valuable property is being used by third parties or when multiple parties share access to or use of a property.

Suggested Sections

1. Parties: Identification of all parties involved, including the property owner/operator and the party waiving their right to claim damages

2. Background: Context of the agreement, including description of the property and the purpose for which it is being used

3. Definitions: Key terms used in the document, including 'Property', 'Damage', 'Waiver Period', and other relevant terms

4. Scope of Waiver: Detailed description of what types of damage claims are being waived and under what circumstances

5. Duration: Time period during which the waiver is effective

6. Exceptions to Waiver: Clear statement of what is not covered by the waiver, particularly gross negligence and intentional acts as required under German law

7. Representations and Warranties: Statements by both parties regarding their authority to enter into the agreement and understanding of its terms

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

9. Execution: Signature blocks and date of execution

Optional Sections

1. Insurance Provisions: Section detailing any insurance requirements or interactions with existing insurance policies - include when the waiver is part of a broader property use agreement

2. Property Inspection Acknowledgment: Section acknowledging the current condition of the property - include when the waiver relates to specific property conditions

3. Indemnification: Additional provisions regarding indemnification obligations - include for complex commercial relationships

4. Severability: Clause ensuring survival of remaining provisions if any provision is found invalid - include for longer, more complex waivers

5. Third Party Rights: Provisions regarding rights of third parties - include when other parties might be affected by the waiver

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the property covered by the waiver, including photos or floor plans if relevant

2. Schedule B - Pre-existing Damage Documentation: Documentation of any existing damage or wear and tear at the time of waiver execution

3. Schedule C - Specific Excluded Items: List of specific items or areas explicitly excluded from the waiver

4. Appendix 1 - Photo Documentation: Photographic evidence of property condition (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

alex.den.21@genieai.co

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Relevant Teams

Legal

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Property Manager

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Real Estate Manager

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Building Administrator

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