Limited Liability Waiver

Limited Liability Waiver Template for Netherlands

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Key Requirements PROMPT example:

"I need a Limited Liability Waiver for my rock climbing facility in Amsterdam, covering both indoor and outdoor climbing activities, that will be used for all adult participants starting from January 2025."

Document background

The Limited Liability Waiver is a crucial legal document used in the Netherlands to manage risk and establish clear boundaries of liability between parties. It is particularly relevant in situations where one party provides services or activities that carry inherent risks, and the other party agrees to waive certain legal rights regarding potential injuries or damages. The document must carefully balance the interests of both parties while ensuring compliance with Dutch legal requirements, including the principles of reasonableness and fairness (redelijkheid en billijkheid). It includes specific provisions about what can and cannot be waived under Dutch law, acknowledgment of risks, and clear definitions of covered activities. The waiver must be drafted in accordance with the Dutch Civil Code, relevant EU regulations, and consumer protection laws, making it especially important to include specific mandatory exceptions and clear language about the scope of the waiver.

Suggested Sections

1. Parties: Identification and details of the party providing the waiver (releasor) and the party being released from liability (releasee)

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

3. Definitions: Clear definitions of key terms used in the waiver, including specific activities, risks, and types of liability being waived

4. Scope of Waiver: Detailed description of what activities, circumstances, and types of liability are covered by the waiver

5. Acknowledgment of Risks: Express acknowledgment by the releasor of the risks involved and their voluntary acceptance of these risks

6. Exceptions to Waiver: Clear statement of what is not covered by the waiver, including mandatory exceptions under Dutch law such as gross negligence or willful misconduct

7. Duration: Period during which the waiver remains effective

8. Governing Law and Jurisdiction: Explicit statement that Dutch law governs the waiver and designation of competent courts

9. Signatures: Execution section including date and signatures of all parties

Optional Sections

1. Insurance Obligations: Used when parties need to maintain specific insurance coverage despite the waiver

2. Indemnification: Include when one party agrees to indemnify the other for claims by third parties

3. Severability: Include when parties want to ensure that if part of the waiver is found invalid, the rest remains effective

4. Medical Release: Include for activities involving physical risks or potential medical emergencies

5. Parent/Guardian Consent: Required when the releasor is a minor or legally incapacitated person

6. Translation Clause: Include when the waiver is provided in multiple languages

7. Notice Requirements: Include when specific notice procedures are needed for claims or incidents

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of specific activities covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities

3. Schedule C - Insurance Requirements: Details of required insurance coverage, if applicable

4. Appendix 1 - Safety Procedures: Documentation of safety procedures and protocols related to the activities

5. Appendix 2 - Emergency Contacts: List of emergency contacts and procedures in case of incidents

Authors

Alex Denne

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

alex.den.21@genieai.co

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Sports and Recreation

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Education and Training

Adventure Tourism

Fitness and Wellness

Events Management

Professional Services

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Construction

Manufacturing

Transportation

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Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Relations

Safety and Security

Facilities Management

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Contract Management

Guest Services

Program Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Events Coordinator

Safety Officer

Customer Relations Manager

Business Owner

Contract Administrator

General Manager

Program Director

Insurance Coordinator

Activity Instructor

Sports Facility Manager

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Authors

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