The Simple Waiver Of Liability Form is essential for businesses and organizations operating in Belgium that engage in activities carrying inherent risks or potential liabilities. This document, governed by Belgian civil law, serves as a risk management tool while respecting strict Belgian legal requirements regarding liability limitations. It's commonly used in scenarios ranging from recreational activities to professional services, where participants or clients need to acknowledge and accept certain risks. The waiver must be carefully drafted to exclude only permissible liabilities under Belgian law, as certain responsibilities (such as those relating to gross negligence or intentional misconduct) cannot be waived. The document typically includes detailed sections on risk acknowledgment, scope of the waiver, and clear statements about retained liabilities, all while ensuring compliance with Belgium's linguistic requirements in different regions.
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1. Parties: Identification of the party providing the waiver (releasor) and the party being released from liability (releasee), including full legal names and addresses
2. Background: Brief context explaining the circumstances necessitating the waiver, including the activity or situation covered
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activity', 'Liability', and 'Claims'
4. Acknowledgment of Risks: Explicit acknowledgment by the releasor of the risks associated with the activity or situation
5. Waiver Declaration: Clear statement of the waiver of liability, specifying what claims are being waived and the scope of the waiver
6. Limitations of Waiver: Explicit statement of what cannot be waived under Belgian law (gross negligence, willful misconduct, etc.)
7. Governing Law: Specification that Belgian law governs the waiver and its interpretation
8. Severability: Provision stating that if any part of the waiver is found invalid, the rest remains in effect
9. Declaration of Understanding: Statement that the signing party has read, understood, and voluntarily agrees to the waiver
1. Medical Authorization: Optional section authorizing emergency medical treatment if needed during the activity (relevant for sports/physical activities)
2. Photography/Media Release: Optional waiver for use of photographs or media recordings, if relevant to the activity
3. Insurance Declaration: Optional section regarding insurance coverage and responsibilities, particularly relevant for high-risk activities
4. Parent/Guardian Consent: Required only when the releasor is a minor or legally incompetent person
5. Language Selection: Required only in regions where multiple official languages are mandatory, allowing selection of governing language
6. Term and Termination: Optional section specifying duration of the waiver, relevant for ongoing activities
1. Schedule A - Description of Activities: Detailed description of activities or situations covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule C - Safety Procedures: Optional list of safety procedures and protocols that will be followed
4. Schedule D - Emergency Contacts: Optional list of emergency contacts and procedures
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