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Landowner Liability Waiver for the United Kingdom

Landowner Liability Waiver Template for England and Wales

A Landowner Liability Waiver is a legal document governed by English and Welsh law that protects property owners from potential legal claims arising from injuries or damages occurring on their property. The document operates within the framework of the Occupiers' Liability Acts and must comply with the Unfair Contract Terms Act 1977. It establishes the terms under which visitors can access and use the property while acknowledging and accepting certain risks, though it cannot exclude liability for death or personal injury caused by negligence.

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What is a Landowner Liability Waiver?

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.

What sections should be included in a Landowner Liability Waiver?

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

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

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

What schedules should be included in a Landowner Liability Waiver?

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) @ 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

Document Type

Liability Waiver

Sector

Sales

Cost

Free to use
Relevant legal definitions



























Clauses

























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

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