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General Liability Waiver for the United Kingdom

General Liability Waiver Template for England and Wales

A General Liability Waiver is a legal document governed by English and Welsh law that releases one party from legal liability for potential risks and injuries that may occur during specified activities. The document must comply with the Unfair Contract Terms Act 1977 and, where applicable, the Consumer Rights Act 2015. It includes clear acknowledgment of risks, scope of activities covered, and cannot exclude liability for death or personal injury caused by negligence.

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General Liability Waiver

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What is a General Liability Waiver?

A General Liability Waiver serves as a risk management tool used across various sectors to protect businesses and service providers from legal claims arising from voluntary participation in activities. Under English and Welsh law, these waivers must be carefully drafted to ensure compliance with statutory requirements, particularly the Unfair Contract Terms Act 1977. While they cannot exclude all forms of liability, they provide important protection when properly constructed and are commonly used in recreational, educational, and service-based activities.

What sections should be included in a General Liability Waiver?

1. Parties: Identifies all parties to the waiver agreement

2. Background: Explains context and purpose of the waiver

3. Definitions: Defines key terms used throughout the document

4. Scope of Waiver: Clearly defines what activities and risks are covered

5. Acknowledgment of Risk: Statement acknowledging understanding of risks involved

6. Release of Liability: Core waiver language releasing specified parties from liability

7. Governing Law: Specifies applicable law and jurisdiction (England and Wales)

8. Signature Block: Space for parties to execute the agreement

What sections are optional to include in a General Liability Waiver?

1. Medical Authorization: Authorization for emergency medical treatment - include for activities with physical risk

2. Photo/Video Release: Permission to use participant's image - include when activities may be photographed or recorded

3. Insurance Provisions: Details of insurance requirements - include when specific insurance coverage is relevant

4. Indemnification: Agreement to indemnify against third-party claims - include when broader protection is needed

What schedules should be included in a General Liability Waiver?

1. Schedule 1 - Description of Activities: Detailed list of activities covered by the waiver

2. Schedule 2 - Risk Disclosure: Comprehensive list of potential risks and their implications

3. Schedule 3 - Safety Procedures: Required safety protocols and procedures to be followed

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Sector

Sales

Cost

Free to use
Relevant legal definitions



















Clauses




















Industries

Unfair Contract Terms Act 1977: Key legislation that restricts the extent to which liability for negligence can be excluded. Makes certain exclusions automatically void and requires terms to pass a 'reasonableness test'. Fundamental for liability waivers in England and Wales.

Consumer Rights Act 2015: Crucial for consumer-facing waivers. Prohibits unfair terms in consumer contracts, prevents exclusion of liability for death or personal injury, and mandates transparency in terms.

Misrepresentation Act 1967: Governs statements made prior to contract formation and their legal implications for the waiver agreement.

Doctrine of Incorporation: Common law principle requiring all terms to be properly incorporated into the contract for them to be legally binding.

Contra Proferentem Rule: Common law principle stating that ambiguous contractual terms should be interpreted against the interests of the party who drafted them.

E-Commerce Regulations 2002: Relevant when the liability waiver is to be executed or delivered electronically or online.

Data Protection Act 2018/UK GDPR: Applicable when the waiver involves the collection, processing, or storage of personal data.

Equality Act 2010: Must be considered to ensure the waiver terms do not directly or indirectly discriminate against protected characteristics.

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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