Waiver And Release Agreement Template for Germany

The Waiver and Release Agreement is a critical legal instrument used in various contexts under German law where one party wishes to release another from potential liability or legal claims. This document type is commonly employed in situations involving recreational activities, professional services, clinical trials, or business transactions where risk allocation is necessary. The agreement must carefully navigate the strict requirements of German law, which significantly limits the scope of permissible waivers, particularly in consumer contracts. When drafting a Waiver and Release Agreement, special attention must be paid to the provisions of the German Civil Code (BGB) regarding standard business terms (AGB-Recht) and the mandatory carve-outs for certain types of liability. The document should clearly delineate the scope of the waiver while explicitly preserving non-waivable rights under German law.

1. Parties: Identification of the parties entering into the agreement, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the agreement, including the relationship between the parties and the circumstances leading to the waiver

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

4. Scope of Waiver: Detailed description of the rights, claims, and remedies being waived, with explicit boundaries

5. Exclusions from Waiver: Clear statement of rights that cannot be waived under German law, including liability for intentional acts, gross negligence, and injury to life, body, or health

6. Representations and Warranties: Statements by the releasing party confirming their understanding of the waiver and capacity to enter into it

7. Consideration: Description of any consideration provided in exchange for the waiver

8. Governing Law: Explicit statement that the agreement is governed by German law

9. Severability: Provision addressing the survival of remaining terms if any provision is found invalid

10. Entire Agreement: Confirmation that this document represents the complete agreement between the parties regarding the waiver