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Personal Injury Waiver for the United Kingdom

Personal Injury Waiver Template for England and Wales

A Personal Injury Waiver is a legal document used in England and Wales to establish the voluntary assumption of risk by participants in potentially hazardous activities. The document outlines specific risks, acknowledges the participant's understanding of these risks, and documents their agreement to waive certain legal rights. However, under English law, it cannot exclude liability for death or personal injury caused by negligence, as per the Unfair Contract Terms Act 1977.

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Personal Injury Waiver

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What is a Personal Injury Waiver?

Personal Injury Waivers are essential risk management tools used across various sectors in England and Wales. These documents serve to protect organizations by documenting participants' informed consent to engage in activities with inherent risks. While a Personal Injury Waiver cannot exclude all liability under English law, it helps establish that participants were made aware of and voluntarily accepted certain risks. The document typically includes detailed risk descriptions, safety procedures, and important legal limitations, particularly regarding negligence-related injuries.

What sections should be included in a Personal Injury Waiver?

1. Parties: Identification of the parties entering into the waiver agreement

2. Background: Context of the activity or situation requiring the waiver

3. Definitions: Key terms used throughout the document

4. Acknowledgment of Risks: Detailed description of potential risks being assumed

5. Scope of Waiver: Specific rights being waived, with clear limitations

6. Legal Limitations: Statement that liability for death/personal injury from negligence cannot be excluded

What sections are optional to include in a Personal Injury Waiver?

1. Medical Declaration: For physical activities requiring fitness/health confirmation

2. Insurance Provisions: When specific insurance requirements exist

3. Photo/Video Release: For activities where media might be captured

4. Emergency Contact Information: For high-risk activities

What schedules should be included in a Personal Injury Waiver?

1. Risk Assessment: Detailed breakdown of activity risks

2. Safety Procedures: Required safety protocols and procedures

3. Medical Information Form: For collection of relevant health information

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 prevents the exclusion or restriction of liability for death or personal injury resulting from negligence. Section 2 is particularly relevant as it makes it impossible to completely waive all liability for personal injury.

Consumer Rights Act 2015: Applicable for business-to-consumer contexts, containing provisions regarding fairness and transparency in consumer contracts, and requirements for terms to be prominent and intelligible.

Occupiers' Liability Acts 1957 and 1984: Relevant when the waiver relates to premises or property. Establishes the duty of care owed to lawful visitors and trespassers.

Common Law Principles: Includes the doctrine of volenti non fit injuria (voluntary assumption of risk), rules regarding incorporation of terms, and principles of contractual capacity.

Data Protection Act 2018 and UK GDPR: Relevant legislation if personal data is being collected as part of the waiver process.

Health and Safety at Work etc. Act 1974: Applicable legislation if the waiver relates to workplace activities or employment contexts.

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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