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Release Of Liability And Indemnity Agreement Template for England and Wales

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Key Requirements PROMPT example:

Release Of Liability And Indemnity Agreement

"I need a Release of Liability and Indemnity Agreement for my rock climbing business in Wales, protecting my company from claims related to customer injuries and ensuring customers indemnify us against any third-party claims arising from their use of our facilities."

Document background
The Release Of Liability And Indemnity Agreement is a crucial risk management tool under English and Welsh law, typically employed when parties need to allocate risk and protect against future claims. This document is particularly relevant in situations involving inherent risks, such as recreational activities, construction projects, or business transactions where one party wishes to be protected from potential claims while securing indemnification against third-party claims. The agreement combines both prospective and retrospective protection, making it a comprehensive risk management solution that complies with English law requirements for consideration and certainty.
Suggested Sections

1. Parties: Identifies all parties to the agreement and their relevant details

2. Background: Context and purpose of the agreement, including any relevant history or circumstances

3. Definitions: Key terms and their meanings as used throughout the agreement

4. Release of Liability: Core terms releasing specified party from liability, including scope and extent of release

5. Indemnification: Terms of indemnification obligations, including scope and limitations

6. Governing Law: Specification of applicable law (England and Wales) and jurisdiction

Optional Sections

1. Insurance Requirements: Specifies insurance coverage requirements for high-risk activities or substantial potential liability

2. Consideration: Details of any payment or consideration provided in exchange for the release

3. Severability: Provisions addressing the survival of agreement terms if others are found invalid

4. Duration: Specifications for time period during which the release remains valid

Suggested Schedules

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

2. Schedule of Indemnified Parties: Comprehensive list of additional parties covered by the indemnification provisions

3. Schedule of Activities: Detailed description of activities or circumstances covered by the release of liability

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

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Relevant Industries
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key legislation governing exclusion clauses, incorporating a reasonableness test for liability limitations and special provisions for business-to-consumer contracts. Essential for ensuring enforceability of liability releases.

Consumer Rights Act 2015: Critical legislation for agreements involving consumers, setting requirements for fairness and transparency in contractual terms. Must be considered if any party is acting as a consumer.

Contracts (Rights of Third Parties) Act 1999: Governs the rights of third parties to enforce contractual terms and provides mechanisms for excluding third-party rights if desired in the agreement.

Limitation Act 1980: Sets statutory time limits for bringing claims and establishes limitation periods that may affect the enforceability of the indemnity provisions.

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: Addresses fraudulent, negligent, or innocent misrepresentation and provides remedies for misrepresentation that may affect the validity of the release.

Supply of Goods and Services Act 1982: Relevant when the release and indemnity agreement relates to the supply of goods or services, establishing implied terms and obligations.

Companies Act 2006: Essential consideration when parties are corporations, particularly regarding authority to execute agreements and corporate capacity.

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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