Indemnity Waiver Template for England and Wales

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Key Requirements PROMPT example:

Indemnity Waiver

"I need an Indemnity Waiver for a new extreme sports facility opening in Manchester, covering both adult participants and minors with parental consent, to be effective from March 2025."

Document background
The Indemnity Waiver serves as a risk management tool widely used across various sectors in England and Wales. It provides a formal mechanism for one party to voluntarily relinquish their right to pursue legal claims against another party for specified activities or circumstances. This document is particularly crucial in situations involving inherent risks, such as sporting events, medical procedures, or construction projects. The waiver must be carefully drafted to ensure compliance with English law, particularly the Unfair Contract Terms Act 1977 and consumer protection legislation.
Suggested Sections

1. Parties: Identifies all parties to the waiver with full legal names and addresses

2. Background: Explains context and purpose of the waiver

3. Definitions: Defines key terms used throughout the document

4. Scope of Waiver: Details exactly what rights are being waived

5. Duration: Specifies time period for which waiver is valid

6. Governing Law: Confirms application of English and Welsh law

Optional Sections

1. Third Party Rights: Include when waiver affects rights of parties not signatory to the agreement

2. Severability: Include when wanting to ensure remainder of waiver survives if any part is found invalid

3. Consideration: Include when specific consideration is being provided for the waiver

4. Specific Exclusions: Include when certain matters are specifically excluded from the waiver

Suggested Schedules

1. Schedule of Specific Rights Waived: Detailed list of specific rights being waived

2. Schedule of Related Agreements: List of any related agreements affected by the waiver

3. Schedule of Excluded Matters: Detailed list of matters specifically excluded from the waiver

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

Relevant Industries
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key legislation that restricts the extent to which liability can be excluded or limited. Particularly relevant for business-to-consumer contracts and requires terms to pass the 'reasonableness test'.

Consumer Rights Act 2015: Essential for consumer-related waivers. Prohibits exclusion of liability for death or personal injury and requires terms to be fair and transparent.

Misrepresentation Act 1967: Addresses how statements made before contract formation might affect the validity of the waiver.

Common Law Principles: Encompasses doctrine of consideration, principles of contractual formation, and rules regarding capacity to contract.

Contracts (Rights of Third Parties) Act 1999: Relevant when the waiver affects the rights of third parties who are not direct parties to the contract.

European Communities Act 1972: Covers retained EU law in UK legislation post-Brexit that may affect contractual relationships and indemnity provisions.

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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