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No Liability Agreement Template for England and Wales

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Key Requirements PROMPT example:

No Liability Agreement

"Need a No Liability Agreement for my adventure sports company to cover rock climbing activities at our new indoor facility opening in March 2025, specifically addressing equipment usage and participant assumption of risk."

Document background
A No Liability Agreement serves as a critical risk management tool under English and Welsh law, particularly useful in situations involving inherently risky activities or services. This document is essential when parties wish to clearly define and agree upon the allocation of risk and responsibility. While the agreement cannot exclude all forms of liability (particularly those prohibited by the Unfair Contract Terms Act 1977), it provides a framework for managing legal exposure and setting clear expectations between parties. The document typically includes detailed descriptions of activities covered, specific risks being excluded, and any applicable exceptions or limitations.
Suggested Sections

1. Parties: Identifies the contracting parties and their details

2. Background: Explains context and purpose of the agreement

3. Definitions: Defines key terms used in the agreement

4. Scope of Non-Liability: Clearly defines what liability is being excluded

5. Exceptions to Non-Liability: Specifies what cannot be excluded (e.g., death/personal injury)

6. Governing Law: Specifies jurisdiction and applicable law

Optional Sections

1. Duration: Time period for which agreement applies - use for temporary arrangements

2. Insurance: Insurance requirements and obligations - use when specific risks need coverage

3. Confidentiality: Confidentiality obligations - use when sensitive information is involved

Suggested Schedules

1. Schedule 1: Activities Covered: Detailed list of activities to which non-liability applies

2. Schedule 2: Specific Risks: Enumeration of specific risks being excluded

3. Schedule 3: Insurance Requirements: Detailed insurance specifications if applicable

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

























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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key legislation regulating exclusion and limitation of liability clauses. Section 2(1) prohibits exclusion of liability for death/personal injury from negligence. Section 2(2) requires reasonableness test for other losses.

Consumer Rights Act 2015: Controls unfair terms in consumer contracts, prohibits exclusion of certain statutory rights, and requires transparency and fairness in contractual terms.

Doctrine of Fundamental Breach: Common law principle that may prevent 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 exclusion clauses to be reasonable, considering factors such as bargaining power, clarity of terms, and commercial justification.

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

Supply of Goods and Services Act 1982: Legislation governing contracts for the supply of goods and services, including implied terms about quality and fitness for purpose.

Misrepresentation Act 1967: Governs liability for misrepresentations made before contract formation, including limitations on excluding liability for misrepresentation.

Data Protection Act 2018: UK's implementation of GDPR principles, relevant if the contract involves processing of personal data.

Contracts (Rights of Third Parties) Act 1999: Allows third parties to enforce contractual terms in certain circumstances, affecting how liability exclusions might impact non-contracting parties.

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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