Landowner Liability Waiver Template for England and Wales

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Key Requirements PROMPT example:

Landowner Liability Waiver

"I need a Landowner Liability Waiver for my farm that will be used for public pumpkin picking events in October 2025, including specific provisions for children's activities and farm machinery safety."

Document background
The Landowner Liability Waiver is essential for property owners in England and Wales who allow others to access or use their land for various purposes. This document becomes particularly important when properties are used for recreational activities, events, or public access. It helps manage risk while providing clear documentation of visitors' acknowledgment of potential hazards. The waiver must be carefully drafted to balance landowner protection with legal requirements under the Occupiers' Liability Acts and cannot exclude certain statutory obligations. It's particularly relevant in situations involving regular public access, organized activities, or commercial use of private land.
Suggested Sections

1. Parties: Identifies the landowner and the party accepting the waiver

2. Background: Describes the property and purpose of the waiver

3. Definitions: Defines key terms used in the waiver including 'Property', 'Activities', and 'Risks'

4. Scope of Activities: Specifies activities covered by the waiver and permitted uses of the property

5. Acknowledgment of Risks: Details risks being assumed by the accepting party and confirmation of understanding

6. Waiver Statement: Core waiver language and extent of liability release, subject to limitations under law

7. Execution: Signature blocks, date, and witness provisions

Optional Sections

1. Insurance Requirements: Details any required insurance coverage for commercial or high-risk activities

2. Animal Provisions: Specific provisions related to animals on the property and associated risks

3. Rights of Way: Provisions regarding public access rights and footpaths through the property

4. Term and Termination: Duration of waiver and circumstances under which it may be terminated

Suggested Schedules

1. Schedule 1 - Property Description: Detailed description or plan of the property covered by the waiver

2. Schedule 2 - Permitted Activities: Comprehensive list of specific activities permitted under the waiver

3. Schedule 3 - Risk Assessment: Formal assessment of risks associated with the property or permitted activities

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

Occupiers' Liability Act 1957: Primary legislation defining the 'common duty of care' owed by landowners to lawful visitors on their property. Sets out the fundamental obligations of occupiers to ensure reasonable safety of visitors.

Occupiers' Liability Act 1984: Extends occupiers' duties to cover trespassers and other non-visitors. Establishes a modified duty of care towards unauthorized entrants on the property.

Unfair Contract Terms Act 1977: Regulates the use and enforcement of exclusion clauses in contracts. Particularly important as it prohibits the exclusion of liability for death or personal injury caused by negligence.

Consumer Rights Act 2015: Governs contracts between businesses and consumers, ensuring fairness in terms and conditions. Relevant if the waiver will be used with members of the public rather than businesses.

Health and Safety at Work Act 1974: Sets out the general duties of employers and landowners regarding health and safety. May be relevant if the land is used for business purposes or accessible to workers.

Countryside and Rights of Way Act 2000: Regulates public access to private land and establishes rights of way. Essential consideration if the property includes public footpaths or rights of way.

Animals Act 1971: Establishes liability for damage caused by animals. Must be considered if the property houses livestock or other animals.

Volenti non fit injuria: Common law doctrine meaning 'to a willing person, injury is not done'. Important principle in liability waivers regarding voluntary assumption of risk.

Negligence principles: Common law principles establishing the requirements for proving negligence and the scope of duty of care. Fundamental to understanding what can and cannot be waived.

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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