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The Release And Waiver Of Liability Form is a crucial risk management document used in the Netherlands when individuals participate in activities that carry inherent risks or when businesses need to manage their liability exposure. This document, governed by Dutch law, serves to document informed consent and establish clear boundaries of liability between parties. It must comply with the Dutch Civil Code (Burgerlijk Wetboek) and cannot exclude liability for certain matters such as gross negligence or intentional harm. The form typically includes detailed risk acknowledgments, clear liability releases, and specific activity descriptions, while maintaining fairness and transparency. It's particularly important for businesses offering recreational activities, professional services, or operating facilities where participants engage in potentially risky activities.

1. Parties: Identification of the party providing the release (releasor) and the party being released from liability (releasee), including full legal names and addresses

2. Background: Context of the relationship between parties and the activities or circumstances covered by the waiver

3. Definitions: Clear definitions of key terms used in the document, including 'Activities', 'Claims', 'Liability', and other relevant terms

4. Acknowledgment of Risks: Detailed description of the risks associated with the activities covered by the waiver that the releasor acknowledges and understands

5. Waiver and Release: Core provision where the releasor waives their rights to bring claims and releases the releasee from liability, subject to Dutch law limitations

6. Scope of Release: Specific description of what types of claims and liabilities are covered by the release

7. Exceptions and Limitations: Mandatory exceptions under Dutch law where liability cannot be waived, such as for willful misconduct or gross negligence

8. Representations and Warranties: Statements by the releasor confirming their capacity to enter into the agreement and understanding of its implications

9. Governing Law: Specification that Dutch law governs the agreement and its interpretation

10. Signature: Execution block with date and signatures, including any witness requirements