The Release of Liability Waiver is a crucial legal document used in Belgium when organizations or individuals need to protect themselves from potential liability claims arising from voluntary activities or services. This document type is particularly important in situations involving inherent risks, such as sports activities, adventure tourism, or specialized services. The waiver must be carefully drafted to comply with Belgian civil law principles, which generally do not allow complete exemption from liability for gross negligence or willful misconduct. It must also align with European Union consumer protection regulations, making it essential to clearly outline the risks, responsibilities, and limitations of the release. The document typically includes detailed risk acknowledgments, scope of release, and may incorporate additional provisions such as medical releases or insurance requirements depending on the specific context of use.
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1. Parties: Identification of the parties: the releasor (person waiving rights) and releasee (person being released from liability), including full legal names and addresses
2. Background: Context of the waiver, including the activity or situation to which it applies and the relationship between the parties
3. Definitions: Clear definitions of key terms used in the waiver, including 'liability', 'claims', and specific activity-related terms
4. Acknowledgment of Risks: Detailed description of the risks involved in the activity and confirmation that the releasor understands these risks
5. Scope of Release: Precise description of what claims and liabilities are being waived, with explicit mention of what cannot be waived under Belgian law
6. Representations and Warranties: Statements by the releasor confirming their capacity to enter into the agreement and understanding of its implications
7. Duration: Period for which the waiver remains valid
8. Governing Law: Explicit statement that Belgian law governs the waiver and its interpretation
9. Severability: Provision stating that if any part of the waiver is found invalid, the rest remains in force
10. Signature Block: Space for dated signatures of all parties and witnesses if required
1. Medical Release: Additional provisions for medical treatment authorization, used when the activity might require emergency medical care
2. Insurance Provisions: Details about insurance requirements and coverage, used when specific insurance is relevant to the activity
3. Photo/Media Release: Additional waiver for use of photographs or recordings, included when the activity might involve media documentation
4. Parent/Guardian Consent: Required when the releasor is a minor or legally incapacitated person
5. Indemnification: Additional provisions where the releasor agrees to indemnify the releasee against third-party claims
6. Dispute Resolution: Specific procedures for handling disputes, included when parties want to specify mediation or arbitration procedures
1. Schedule A - Description of Activities: Detailed description of the specific activities covered by the waiver
2. Schedule B - Safety Procedures: List of safety procedures and protocols that will be followed
3. Schedule C - Equipment List: List of equipment to be used and any specific risks associated with each item
4. Appendix 1 - Emergency Contact Information: Form for emergency contact details and relevant medical information
5. Appendix 2 - Insurance Certificates: Copies of relevant insurance certificates if required
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