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Release And Waiver Of Liability And Indemnity Agreement Template for England and Wales

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Key Requirements PROMPT example:

Release And Waiver Of Liability And Indemnity Agreement

"I need a Release And Waiver Of Liability And Indemnity Agreement for my rock climbing center in Manchester, to be used from January 2025, which covers both adult participants and minors (with parental consent) and includes specific provisions for equipment usage and emergency medical treatment."

Document background
The Release And Waiver Of Liability And Indemnity Agreement is essential in situations where parties engage in activities with inherent risks or potential liabilities. Under English and Welsh law, this document serves to protect organizations and individuals from claims while ensuring participants acknowledge and accept associated risks. It's commonly used in recreational activities, medical procedures, or events where participants voluntarily engage in potentially risky activities. The agreement must be carefully drafted to ensure enforceability while complying with statutory requirements, particularly regarding reasonableness and fairness.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and addresses

2. Background: Explains context and purpose of the agreement, including relevant circumstances leading to the release

3. Definitions: Defines key terms used throughout the agreement, including 'Released Parties', 'Claims', and 'Liabilities'

4. Release of Liability: Core waiver provisions releasing specified parties from liability, including present and future claims

5. Scope of Release: Defines extent and limitations of the release, specifying included and excluded claims

6. Indemnification: Outlines indemnification obligations and protection against third-party claims

7. Governing Law: Specifies applicable law (England and Wales) and jurisdiction for disputes

8. Execution: Signature blocks, witness requirements, and execution formalities

Optional Sections

1. Consideration: Details any payment or other consideration provided in exchange for the release

2. Insurance: Insurance requirements, coverage limits, and related obligations

3. Confidentiality: Provisions regarding confidentiality of the agreement terms and any related information

4. Dispute Resolution: Alternative dispute resolution procedures including mediation or arbitration

5. Severability: Provisions addressing the effect of any clause being found invalid or unenforceable

Suggested Schedules

1. Schedule of Released Claims: Detailed enumeration of specific claims being released under the agreement

2. Schedule of Released Parties: Comprehensive list of all parties benefiting from the release and indemnity

3. Schedule of Activities: Specification of activities, events, or circumstances covered by the release

4. Schedule of Insurance Requirements: Detailed specifications of required insurance coverage, limits, and terms

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 governing exclusion clauses, including restrictions on excluding liability for death/personal injury, reasonableness test for exclusion clauses, and limitations on B2B and B2C contracts

Consumer Rights Act 2015: Legislation protecting consumer rights, including fairness and transparency requirements for consumer contracts

Contracts (Rights of Third Parties) Act 1999: Governs third-party rights in contracts, including their ability to enforce contractual terms and provisions for excluding third-party rights

Limitation Act 1980: Sets statutory time limits for bringing different types of legal claims and actions

Common Law Principles: Fundamental legal principles including doctrine of consideration, capacity to contract, rules against penalty clauses, and principles of contractual interpretation

Misrepresentation Act 1967: Legislation dealing with false statements in contracts and remedies for misrepresentation

Human Rights Act 1998: Ensures compliance with human rights obligations and public policy considerations in contractual relationships

Data Protection Act 2018 and UK GDPR: Legislation governing the handling of personal data, privacy rights, and data protection obligations

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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