Waiver Of Liability And Indemnity Agreement Template for England and Wales

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Key Requirements PROMPT example:

Waiver Of Liability And Indemnity Agreement

"I need a Waiver of Liability and Indemnity Agreement for my new rock climbing center opening in March 2025, which will offer both indoor climbing facilities and outdoor guided climbing experiences for adults and minors."

Document background
The Waiver Of Liability And Indemnity Agreement is essential for businesses and organizations operating in England and Wales where risk management is crucial. It serves to protect service providers from potential claims while ensuring participants acknowledge and accept inherent risks. This document is particularly relevant in activities with elevated risk levels, requiring careful drafting to ensure enforceability under English law, especially considering the Unfair Contract Terms Act 1977. The agreement typically includes detailed risk disclosures, scope of waiver, indemnification obligations, and must be drafted to maintain validity while respecting statutory limitations on liability exclusions.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context and purpose of the waiver and indemnity agreement, including relevant circumstances

3. Definitions: Key terms used throughout the agreement including 'Liability', 'Indemnified Parties', 'Claims'

4. Waiver Provisions: Detailed provisions specifying the rights being waived and extent of waiver, subject to UCTA restrictions

5. Indemnification Provisions: Scope and extent of indemnification obligations, including procedures for claims

6. Governing Law: Specification of English and Welsh law as governing law and jurisdiction

7. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Insurance Requirements: Specific insurance coverage requirements and maintenance obligations for high-risk activities

2. Severability: Provisions addressing the survival of remaining clauses if any part is found invalid or unenforceable

3. Duration: Specific time period or event duration for which the waiver and indemnity applies

4. Consideration: Details of any payment or value exchange supporting the agreement

Suggested Schedules

1. Schedule of Activities: Comprehensive list of activities and circumstances covered by the waiver and indemnity

2. Risk Disclosure: Detailed list of potential risks being waived and acknowledged by the parties

3. Insurance Requirements Schedule: Detailed specifications of required insurance coverage, limits, and terms

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: Core legislation that restricts the extent to which liability for negligence can be excluded. Prohibits exclusion of liability for death or personal injury caused by negligence. All terms must pass the 'reasonableness test'.

Consumer Rights Act 2015: Applies to business-to-consumer contracts. Governs unfair terms in consumer contracts and sets transparency requirements for consumer agreements.

Contracts (Rights of Third Parties) Act 1999: Governs how indemnity provisions affect third parties and their rights to enforce contractual terms.

Misrepresentation Act 1967: Sets limitations on excluding liability for misrepresentation in contracts.

Common Law Principles: Includes the doctrine of fundamental breach, contra proferentem rule (ambiguous terms interpreted against drafter), and requirement for consideration.

Consumer Protection Act 1987: Governs product liability and prevents exclusion of liability for defective products causing damage.

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

Limitations Act 1980: Establishes time limits for bringing claims and is relevant for determining the duration of indemnities.

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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