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Limited Liability Waiver Template for England and Wales

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Key Requirements PROMPT example:

Limited Liability Waiver

"I need a Limited Liability Waiver for my new rock climbing center opening in March 2025, covering both adult participants and minors with parental consent, including specific provisions for equipment usage and instructor supervision."

Document background
The Limited Liability Waiver is essential in situations where one party wishes to limit their legal exposure while engaging in potentially risky activities or providing services. Used extensively across various sectors in England and Wales, it helps manage risk while ensuring compliance with mandatory legal requirements. The document must carefully balance the interests of all parties while adhering to strict legislative requirements, particularly the Unfair Contract Terms Act 1977. It typically includes detailed risk descriptions, specific exclusions, and clear acknowledgment of understanding by all parties.
Suggested Sections

1. Parties: Identification and details of all parties to the waiver

2. Background: Context and purpose of the liability waiver

3. Definitions: Key terms used throughout the document

4. Scope of Waiver: Specific liabilities being waived and detailed description of the waiver's extent

5. Exceptions: Liabilities that cannot be or are not being waived, including statutory exceptions under UCTA 1977

6. Duration: Period for which the waiver is valid and any renewal provisions

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

Optional Sections

1. Insurance Obligations: Required when parties need to maintain specific insurance coverage for high-risk activities

2. Indemnification: Additional protection provisions for specific parties against third-party claims

3. Severability: Provision for partial invalidity in complex waivers with multiple provisions

4. Consumer Rights Notice: Additional notices and rights when the waiver involves consumers under Consumer Rights Act 2015

Suggested Schedules

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

2. Schedule 2 - Risk Assessment: Documentation of identified risks and mitigation measures

3. Schedule 3 - Insurance Certificates: Copies of relevant insurance policies and certificates

4. Schedule 4 - Statutory Notices: Required statutory notices and declarations under relevant legislation

Authors

Alex Denne

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

Relevant legal definitions
























Clauses

























Industries

Unfair Contract Terms Act 1977: Key legislation that restricts the extent to which liability can be excluded or limited. Notably, liability for death or personal injury caused by negligence cannot be excluded.

Consumer Rights Act 2015: Governs unfair terms in consumer contracts and sets out specific terms that can and cannot be excluded in consumer relationships. Essential when the waiver involves consumers.

Misrepresentation Act 1967: Deals with false statements that induce contract formation. Certain liabilities for misrepresentation cannot be excluded under this Act.

Doctrine of Fundamental Breach: Common law principle that prevents a party from relying on an exclusion clause if they have committed a breach that goes to the root of the contract.

Reasonableness Test: Common law principle requiring that liability exclusions must be reasonable in scope and application to be enforceable.

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

Companies Act 2006: Relevant when the liability waiver involves corporate entities, governing company operations and responsibilities.

Supply of Goods and Services Act 1982: Governs contracts for the supply of goods and services, including implied terms that may affect liability limitations.

Data Protection Act 2018/UK GDPR: Must be considered if the liability waiver involves the handling or processing of personal data.

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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