Liability Waiver Template for Netherlands

This Liability Waiver is essential for businesses and organizations operating in the Netherlands that provide activities or services with inherent risks. The document serves to properly inform participants of potential risks while establishing clear liability boundaries within the constraints of Dutch law. It is particularly important as Dutch law places specific restrictions on liability exclusions, making it crucial that the waiver is carefully drafted to be both effective and legally compliant. The document includes mandatory provisions required under the Dutch Civil Code, such as explicit exclusions for gross negligence and willful misconduct, while also incorporating practical elements like risk acknowledgments and safety protocols. This waiver is commonly used in recreational activities, sports facilities, adventure tourism, and similar sectors where risk management is essential.

1. Parties: Identification of the party providing the service/activity (releasee) and the party accepting the waiver (releasor), including full legal names and addresses

2. Background: Context of the waiver, describing the activities, services, or circumstances covered by the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Risks', and scope of liability

4. Acknowledgment of Risks: Detailed description of potential risks associated with the activities that the releasor acknowledges and understands

5. Waiver and Release: Core waiver language explicitly stating what liability is being waived, subject to Dutch law limitations

6. Excluded Liability: Clear statement of what cannot be waived under Dutch law (e.g., gross negligence, willful misconduct)

7. Representation and Warranties: Statements by the releasor regarding their capacity, understanding, and voluntary acceptance

8. Term and Termination: Duration of the waiver and any circumstances under which it may be terminated

9. Governing Law: Explicit statement that Dutch law governs the waiver and its interpretation

10. Signatures: Execution block for all parties, including date and place of signing