Disclaimer Waiver And Release Template for England and Wales

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Key Requirements PROMPT example:

Disclaimer Waiver And Release

"I need a Disclaimer Waiver And Release for my outdoor adventure company based in Wales, covering rock climbing activities and equipment use, which will be used by all adult participants starting from March 2025."

Document background
The Disclaimer Waiver And Release is commonly used in situations where one party wishes to engage in potentially risky activities or relationships with another party, and both parties agree to allocate risk between them. Under English and Welsh law, this document provides a formal mechanism for parties to acknowledge and accept certain risks, waive specific rights, and release others from liability. While the document offers significant protection, it cannot exclude liability for death, personal injury, or fraud, and must meet the reasonableness test under applicable legislation. It's particularly important in high-risk activities, professional services, and situations where clear risk allocation is necessary.
Suggested Sections

1. Introduction: Identifies the document as a disclaimer, waiver and release

2. Parties: Identifies all parties involved in the waiver

3. Definitions: Defines key terms used throughout the document

4. Scope of Release: Details what rights, claims, or liabilities are being waived

5. Acknowledgment: Party's confirmation of understanding the waiver's implications

6. Governing Law: Specifies applicable law and jurisdiction

7. Execution: Signature blocks and date

Optional Sections

1. Consideration: Details any payment or value exchange, if applicable

2. Severability: Used when document needs to survive partial invalidation

3. Third Party Rights: Include when waiver affects rights of third parties

4. Time Limitations: Include when waiver has specific duration or time constraints

5. Insurance Provisions: Include when waiver relates to insurance claims

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims being waived

2. Schedule of Excluded Claims: List of claims specifically not covered by the waiver

3. Risk Acknowledgment: Detailed description of risks being assumed by signing party

Authors

Alex Denne

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

Industries

Consumer Rights Act 2015: Key legislation governing consumer rights, unfair terms, limitations on disclaiming liability for consumer rights, and transparency requirements in contracts.

Unfair Contract Terms Act 1977: Regulates restrictions on excluding or limiting business liability, includes reasonableness test for exclusion clauses, and limitations on excluding liability for death or personal injury.

Misrepresentation Act 1967: Governs limitations on excluding liability for fraudulent misrepresentation and requirements for disclaiming liability for innocent or negligent misrepresentation.

Data Protection Act 2018 and UK GDPR: Relevant when waiver involves personal data processing, including non-waivable rights regarding personal data protection.

Common Law Principles: Fundamental legal principles including doctrine of consideration, capacity to contract, and principles of duress and undue influence.

Contracts (Rights of Third Parties) Act 1999: Legislation governing how waivers and disclaimers may affect third party rights.

Supply of Goods and Services Act 1982: Relevant legislation when the waiver relates to goods or services transactions.

Human Rights Act 1998: Ensures that waivers and disclaimers do not infringe on fundamental human rights protected by law.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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