Release And Waiver Of Liability Form Template for Germany

The Release And Waiver Of Liability Form is an essential risk management tool used in Germany when individuals voluntarily participate in activities that carry inherent risks. This document serves to protect organizations from potential liability claims while ensuring compliance with German legal requirements, particularly the German Civil Code (BGB). Unlike similar documents in common law jurisdictions, German liability waivers must carefully navigate strict limitations on what liabilities can be excluded, with certain rights remaining non-waivable by law. The document typically includes comprehensive risk acknowledgments, clear scope definitions, explicit statements about non-waivable rights, and specific details about the activities covered. It's particularly important in sectors involving physical activities, equipment use, or situations where participants might be exposed to calculated risks.

1. Parties: Identification of the party providing the service/activity (Releasee) and the person signing the waiver (Releasor), including full legal names and addresses

2. Background: Context of the waiver, describing the activity or service being provided and general purpose of the agreement

3. Definitions: Clear definitions of key terms used in the document, including 'Activities', 'Claims', 'Liability', and 'Released Parties'

4. Acknowledgment of Risks: Detailed description of the risks involved in the activity that the Releasor acknowledges and understands

5. Waiver and Release: The core release language specifying what claims are being waived, subject to German law limitations

6. Non-Waivable Rights: Explicit statement of rights that cannot be waived under German law, including liability for intentional acts and gross negligence

7. Representations and Warranties: Statements by the Releasor regarding their capacity to enter into the agreement and understanding of its implications

8. Duration and Scope: Temporal and geographic scope of the waiver's effectiveness

9. Governing Law: Specification of German law as governing law and jurisdiction

10. Severability: Clause ensuring remaining provisions stay in effect if any provision is found invalid

11. Execution: Signature blocks and date of execution