Non Liability Form Template for Germany

A Non-Liability Form governed by German law is a legal document that establishes limitations on liability between parties while adhering to specific German legal requirements. The document must comply with the German Civil Code (BGB), particularly sections 305-310 regarding standard business terms, and cannot exclude liability for gross negligence, intentional acts, or injury to life, body, and health. It includes clear identification of parties, detailed scope of activities, specific exclusions, and mandatory carve-outs required under German law, while maintaining transparency and comprehensibility as required by BGB § 307.

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What is a Non Liability Form?

The Non-Liability Form is essential for businesses and organizations operating in Germany that need to manage their legal exposure while maintaining compliance with German law. This document is typically used when offering services or activities that carry inherent risks, such as sports activities, equipment usage, or participation in events. The form must be carefully drafted to balance effective liability protection with German legal requirements, particularly the German Civil Code (BGB) provisions regarding standard business terms and liability limitations. It cannot exclude liability for gross negligence, intentional acts, or injury to life, body, and health, and must maintain transparency and fairness in its terms. The document should clearly outline the scope of activities covered, specific risks involved, and the extent of liability limitation, while ensuring all mandatory legal protections remain in place.

What sections should be included in a Non Liability Form?

1. Parties: Identification of all parties involved, including full legal names and addresses

2. Background: Context of the agreement and purpose of the liability waiver

3. Definitions: Clear definitions of key terms used in the document

4. Scope of Activities: Detailed description of activities or circumstances covered by the liability waiver

5. Waiver of Liability: Clear statement of liability waiver, specifically noting what is and isn't covered

6. Excluded Claims: Mandatory carve-outs for gross negligence, intentional acts, and injury to life, body, or health as per German law

7. Representations and Warranties: Statements by the signing party acknowledging understanding of risks and voluntary acceptance

8. Duration: Period for which the liability waiver is valid

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

10. Signatures: Execution block for all parties

What sections are optional to include in a Non Liability Form?

1. Insurance: Details of any insurance requirements or recommendations - used when specific insurance coverage is relevant to the activities

2. Emergency Contacts: Space for emergency contact information - used for activities with physical risks

3. Medical Disclosure: Section for relevant medical information - used for activities with health implications

4. Photo/Video Release: Additional waiver for use of images/recordings - used when activity may involve photography or recording

5. Parent/Guardian Consent: Additional section for minors - used when participants may be under 18

6. Equipment Usage: Specific provisions regarding equipment use - used when activity involves use of specific equipment

7. Severability Clause: Provision ensuring remainder of agreement stays valid if parts are found unenforceable - used in more complex scenarios

What schedules should be included in a Non Liability Form?

1. Description of Activities: Detailed list and description of specific activities covered by the waiver

2. Risk Disclosure: Comprehensive list of potential risks associated with the activities

3. Safety Guidelines: Required safety procedures and protocols

4. Equipment List: List of equipment involved and any specific disclaimers related to equipment use

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Alex Denne

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Release Of Medical Liability

A German law-compliant medical liability release document establishing risk acknowledgment and liability terms between healthcare providers and patients.

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Download a Standard Non Liability Form

Review your own Non Liability Form

What is a Non Liability Form?

What sections should be included in a Non Liability Form?

What sections are optional to include in a Non Liability Form?

What schedules should be included in a Non Liability Form?

Authors

Alex Denne

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