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Waiver Of Liability And Hold Harmless Agreement

Waiver Of Liability And Hold Harmless Agreement Template for England and Wales

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Key Requirements PROMPT example:

Waiver Of Liability And Hold Harmless Agreement

"I need a Waiver of Liability and Hold Harmless Agreement for my rock climbing facility in Cardiff, which will host both adult and youth programs, with specific provisions for equipment usage and emergency medical treatment authorization."

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Document background
A Waiver of Liability and Hold Harmless Agreement is essential when activities or services involve inherent risks. This document, governed by English and Welsh law, serves dual purposes: first, it releases the service provider from potential liability for specified risks, and second, it requires the participant to indemnify the provider against third-party claims. The agreement is commonly used in recreational activities, educational programs, and facility usage, but must be carefully drafted to comply with UK legislation, particularly regarding limitations on excluding liability for negligence causing death or personal injury.
Suggested Sections

1. Parties: Identifies all parties to the agreement

2. Background: Explains context and purpose of the agreement

3. Definitions: Defines key terms used in the agreement

4. Scope of Waiver: Details specific activities, risks, and liabilities being waived

5. Hold Harmless Provisions: Specifies indemnification obligations

6. Exclusions: Lists what cannot be waived under law

7. Governing Law: Specifies applicable law and jurisdiction

Optional Sections

1. Insurance Requirements: Details insurance obligations, used when specific coverage is required

2. Term and Termination: Used when waiver applies to ongoing activities

3. Special Risk Acknowledgements: Used for high-risk activities requiring specific warnings

4. Emergency Contact Information: Used for physical activities or events

Suggested Schedules

1. Schedule of Activities: Details specific activities covered by the waiver

2. Risk Disclosure: Comprehensive list of potential risks

3. Insurance Certificates: Copies of relevant insurance documentation

4. Safety Procedures: Relevant safety protocols and procedures

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

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alex.den.21@genieai.co
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key legislation governing limitations on excluding or limiting liability, including a reasonableness test for exclusion clauses and special provisions for consumer contracts

Consumer Rights Act 2015: Legislation specifically dealing with consumer contracts, including requirements for fairness and transparency in contract terms

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may benefit from or be affected by contractual agreements

Misrepresentation Act 1967: Legislation controlling the extent to which liability for misrepresentation can be excluded in contracts

Common Law Principles: Fundamental legal principles including doctrine of fundamental breach, contra proferentem rule, and requirements for incorporation of terms

Health and Safety at Work Act 1974: Workplace safety legislation that prohibits exclusion of liability for death or personal injury caused by negligence

Occupiers' Liability Acts 1957 and 1984: Legislation governing duties owed to visitors and trespassers on premises, relevant for property-related waivers

Data Protection Act 2018 and UK GDPR: Legislation governing the handling and protection of personal data, relevant if the agreement involves processing of personal information

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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