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No Liabilities Agreement

No Liabilities Agreement Template for Denmark

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No Liabilities Agreement

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Document background
This No Liabilities Agreement is designed for use in business relationships under Danish jurisdiction where parties wish to explicitly limit or exclude certain liabilities in their professional relationship. It is particularly relevant for situations involving inherent risks, experimental services, or activities where guaranteed outcomes cannot be promised. The document carefully balances the parties' desire to limit liability with mandatory provisions of Danish law that cannot be contracted out of, including certain consumer protections and statutory obligations. This agreement includes specific provisions for scope definition, exceptions to non-liability, and termination rights, while ensuring compliance with both Danish national law and applicable EU regulations. The document is structured to provide clear terms for activities or services where parties agree to proceed without certain liability obligations, making it especially useful in professional services, technology deployment, and other high-risk business activities.
Suggested Sections

1. Parties: Identifies and defines the parties entering into the agreement

2. Background: Explains the context and purpose of the agreement, including the relationship between the parties

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Agreement: Defines the specific activities, services, or circumstances covered by the no-liability provisions

5. No Liability Provisions: Details the specific limitations of liability and responsibilities that are being disclaimed

6. Exceptions to No Liability: Specifies any circumstances where liability cannot be excluded under Danish law

7. Representations and Warranties: States any representations made by either party, typically minimal in a no-liability agreement

8. Duration and Termination: Specifies how long the agreement remains in effect and how it can be terminated

9. Governing Law and Jurisdiction: Confirms Danish law as governing law and specifies jurisdiction for disputes

10. Entire Agreement: Confirms this document represents the entire agreement between the parties

Optional Sections

1. Force Majeure: Optional section addressing unforeseeable circumstances that prevent parties from fulfilling obligations - include if relevant to the specific relationship

2. Insurance: Include if either party is required to maintain specific insurance coverage despite the no-liability provisions

3. Confidentiality: Include if parties are exchanging confidential information as part of their relationship

4. Assignment: Include if there's a need to address whether rights under the agreement can be transferred to other parties

5. Notices: Include if formal communications between parties need specific procedures or addresses

6. Severability: Include if there's a particular need to ensure remaining provisions survive if some are found invalid

7. Data Protection: Include if personal data is processed as part of the relationship between the parties

Suggested Schedules

1. Schedule 1: Specified Activities: Detailed list of activities or services covered by the no-liability provisions

2. Schedule 2: Excluded Matters: Specific listing of matters that are excluded from the no-liability provisions

3. Appendix A: Contact Details: Contact information for key representatives of each party

4. Appendix B: Special Conditions: Any special conditions or circumstances that modify the main agreement terms

Authors

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Relevant legal definitions
Agreement
Applicable Law
Business Day
Claim
Commencement Date
Confidential Information
Danish Law
Damages
Effective Date
Force Majeure Event
Intellectual Property Rights
Liability
Losses
Material Breach
Notice
Parties
Representatives
Services
Specified Activities
Term
Territory
Third Party
Termination Date
Working Hours
Gross Negligence
Willful Misconduct
Excluded Matters
Related Entities
Authorized Representative
Consequential Loss
Direct Loss
Indemnified Party
Reasonable Care
Special Conditions
Governing Law
Relevant Industries
Relevant Teams
Relevant Roles
Industries
Danish Contracts Act (Aftaleloven): Primary legislation governing contract formation, validity, and enforcement in Denmark. Establishes basic principles for contract formation and interpretation.
Danish Liability and Compensation Act (Erstatningsansvarsloven): Regulates liability and compensation in civil matters, including provisions on how liability can be limited or excluded in contractual relationships.
Danish Consumer Contracts Act (Forbrugeraftaleloven): Protects consumer rights and may limit the extent to which liability can be excluded in contracts involving consumers.
Danish E-Commerce Act (E-handelsloven): Governs electronic commerce and digital contracts, including requirements for validity of electronic agreements.
EU Unfair Contract Terms Directive (93/13/EEC): European legislation that prevents unfair terms in consumer contracts, which may affect the enforceability of liability exclusions.
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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