Simple Release Of Liability Form

Simple Release Of Liability Form for Germany

Simple Release Of Liability Form Template for Germany

A German Release of Liability Form (Haftungsausschluss) is a legal document governed by German civil law that establishes a voluntary waiver of legal claims between parties. The document follows specific requirements under the German Civil Code (BGB) and cannot exclude liability for intentional acts, gross negligence, or harm to life, body, or health. It clearly identifies the parties involved, specifies the scope of the release, and includes mandatory statutory exceptions. The document must be drafted in clear, unambiguous language and comply with German contract formation requirements and consumer protection regulations.

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What is a Simple Release Of Liability Form?

The Simple Release Of Liability Form (Haftungsausschluss) is a fundamental legal document used in various business and personal contexts under German law. It serves to protect individuals or organizations from potential legal claims arising from specified activities or circumstances, while respecting the mandatory limitations imposed by German law. This document is particularly useful for businesses offering services with inherent risks, event organizers, property owners, and service providers. The form must comply with the German Civil Code (BGB), especially sections regarding liability limitations and consumer protection. It cannot exclude liability for intentional acts, gross negligence, or damage to life, body, or health, making it essential to clearly specify its scope and limitations. The document is typically used before engaging in potentially risky activities, providing services, or allowing access to facilities, and serves as a risk management tool while maintaining legal compliance.

What sections should be included in a Simple Release Of Liability Form?

1. Parties: Identification of the releasing party (Freistellender) and the released party (Freigestellter), including full legal names and addresses

2. Background: Brief context of the relationship between parties and the circumstances leading to this release

3. Definitions: Clear definitions of key terms used in the agreement, particularly defining the scope of activities or circumstances covered

4. Scope of Release: Detailed description of what liability is being released, with specific reference to activities, time period, and types of claims

5. Statutory Exceptions: Mandatory section stating what cannot be released under German law (e.g., intentional harm, gross negligence, injury to life, body, or health)

6. Representations and Warranties: Statements by the releasing party confirming they understand the agreement and have the capacity to enter into it

7. Severability: Standard clause (Salvatorische Klausel) stating that if any provision is invalid, the remainder of the agreement remains in effect

8. Governing Law: Specification that German law governs the agreement and jurisdiction for any disputes

9. Execution: Date and signature blocks for all parties

What sections are optional to include in a Simple Release Of Liability Form?

1. Consideration: Details of any payment or consideration given in exchange for the release - include when there is a specific payment or benefit being provided

2. Insurance: References to relevant insurance policies and their relationship to the release - include when insurance is a factor in the liability situation

3. Third Party Rights: Extension of release to cover other parties (e.g., employees, agents) - include when protection needs to extend beyond the primary released party

4. Time Limitations: Specific time constraints or deadlines related to the release - include when the release is time-sensitive or has specific duration

5. Confidentiality: Provisions regarding confidentiality of the release terms - include when parties wish to keep the terms private

6. Future Claims: Specific handling of unknown future claims - include when there's a need to address potential future incidents

What schedules should be included in a Simple Release Of Liability Form?

1. Schedule A - Description of Activities: Detailed list of specific activities or circumstances covered by the release

2. Schedule B - Specific Risks: Enumeration of known or potential risks being acknowledged and released

3. Schedule C - Insurance Policies: List of relevant insurance policies and coverage details, if applicable

4. Appendix 1 - Incident Report: If the release relates to a specific incident, detailed description of the incident in question

5. Appendix 2 - Risk Assessment: Documentation of risk assessment related to the activities being released

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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What is a Simple Release Of Liability Form?

What sections should be included in a Simple Release Of Liability Form?

What sections are optional to include in a Simple Release Of Liability Form?

What schedules should be included in a Simple Release Of Liability Form?

Authors

Alex Denne

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