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Premises Liability Waiver for the United Kingdom

Premises Liability Waiver Template for England and Wales

A Premises Liability Waiver is a legal document used in England and Wales that releases a property owner or occupier from certain liabilities arising from a visitor's use of their premises. The document is governed by the Occupiers' Liability Acts 1957 and 1984, along with the Unfair Contract Terms Act 1977. It cannot exclude liability for death or personal injury caused by negligence but can limit liability for other risks that visitors voluntarily assume when entering the premises.

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Premises Liability Waiver

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What is a Premises Liability Waiver?

The Premises Liability Waiver serves as a risk management tool for property owners and occupiers in England and Wales. This document is particularly important when premises involve inherent risks or hazardous activities. While it cannot override statutory protections, it helps clarify the assumption of risks between parties and documents that visitors have been made aware of potential dangers. The waiver must comply with the Occupiers' Liability Acts and cannot exclude certain fundamental liabilities.

What sections should be included in a Premises Liability Waiver?

1. Parties: Identifies the property owner/occupier and the person accepting the waiver

2. Background: Describes the premises and purpose of the waiver

3. Definitions: Defines key terms including 'Premises', 'Activities', 'Risks'

4. Acknowledgment of Risks: Explicit statement of risks being assumed by the signing party

5. Waiver and Release: Core waiver provisions and scope of liability release

6. Exclusions from Waiver: Mandatory carve-outs for death, personal injury from negligence, and fraud

7. Execution: Signature blocks and date

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

1. Parent/Guardian Consent: Required when waiver applies to minors

2. Insurance: Details of any insurance requirements or recommendations

3. Term and Termination: If waiver applies for specific duration rather than one-time event

4. Specific Activity Provisions: For premises with particular dangerous activities or equipment

What schedules should be included in a Premises Liability Waiver?

1. Schedule 1: Premises Plan: Map or plan showing areas covered by the waiver

2. Schedule 2: Specific Risks: Detailed list of specific risks associated with the premises

3. Schedule 3: Safety Rules: Any specific safety rules or procedures that must 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

Document Type

Liability Waiver

Sector

Sales

Cost

Free to use
Relevant legal definitions

























Clauses
























Industries

Occupiers' Liability Act 1957: Primary legislation establishing the 'common duty of care' owed by occupiers to lawful visitors on their premises. Sets the fundamental framework for premises liability in England and Wales.

Occupiers' Liability Act 1984: Extends and modifies the 1957 Act to cover duties owed to trespassers and other non-visitors on the premises. Establishes a modified duty of care for these categories.

Unfair Contract Terms Act 1977: Crucial legislation that restricts the ability to exclude or limit liability for death or personal injury. Introduces the 'reasonableness test' for exclusion clauses and establishes what can and cannot be excluded in liability waivers.

Consumer Rights Act 2015: Modern legislation governing consumer contracts, including requirements for transparency and fairness in terms. Particularly relevant if the waiver will be used with consumers rather than businesses.

Doctrine of Notice: Common law principle requiring adequate notice of terms in a waiver. Addresses timing and presentation of the waiver to ensure it is properly incorporated into the agreement.

Capacity to Contract: Legal principle concerning the parties' ability to enter into binding agreements, including age restrictions and mental capacity requirements.

Fundamental Breach: Common law doctrine preventing the exclusion of liability for certain fundamental breaches of contract, regardless of the waiver's terms.

Death and Personal Injury Exclusion: Statutory prohibition on excluding liability for death or personal injury caused by negligence, as established by Section 2(1) of the Unfair Contract Terms Act 1977.

Fraudulent Misrepresentation: Legal principle preventing the exclusion of liability for fraud or fraudulent misrepresentation in any waiver or contract.

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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