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Risk Waiver Template for England and Wales

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Key Requirements PROMPT example:

Risk Waiver

"I need a Risk Waiver for my new rock climbing center opening in March 2025, which should cover both indoor climbing activities and outdoor guided sessions, with specific attention to equipment usage and beginner training programs."

Document background
Risk Waivers are essential documents used across various sectors where activities involve inherent risks. Under English and Welsh law, a Risk Waiver serves to document participants' informed consent and understanding of potential risks, while protecting providers from certain liabilities. These documents must be carefully drafted to comply with the Unfair Contract Terms Act 1977 and related legislation, ensuring they remain enforceable while providing clear information about the risks involved. Risk Waivers are particularly important in activities where participants voluntarily engage in potentially dangerous or uncertain outcomes.
Suggested Sections

1. Parties: Identifies the party providing the waiver and the party accepting the risk

2. Background: Describes the activity or circumstance giving rise to the risk

3. Definitions: Defines key terms used in the waiver

4. Risk Acknowledgment: Explicit statement of risks being assumed

5. Waiver Declaration: Formal waiver of rights and acceptance of risks

6. Signature Block: Space for dated signatures of all parties

Optional Sections

1. Medical Declaration: For physical activities, declaration of fitness to participate

2. Insurance Provisions: Details of any insurance requirements or recommendations

3. Parent/Guardian Consent: Required when participant is under 18 or lacks capacity

4. Photography/Media Release: For events where photos/videos may be taken

Suggested Schedules

1. Schedule of Risks: Detailed list of specific risks being waived

2. Safety Instructions: Detailed safety procedures and requirements

3. Emergency Procedures: Protocol for handling emergencies or accidents

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















Clauses















Relevant Industries
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key legislation that restricts the extent to which liability for negligence can be excluded. Prohibits exclusion of liability for death or personal injury caused by negligence. Requires terms to pass the 'reasonableness test'.

Consumer Rights Act 2015: Applies to business-to-consumer contracts. Imposes requirements for transparency and fairness in contract terms. Provides additional protections for consumers.

Misrepresentation Act 1967: Governs statements made before the waiver is signed and affects liability for misleading statements.

Common Law Principles: Includes doctrine of incorporation (ensuring terms are properly brought to attention), contra proferentem rule (ambiguous terms interpreted against drafter), and consideration requirements.

Health and Safety at Work Act 1974: Relevant for workplace-related waivers. Establishes that parties cannot contract out of statutory health and safety obligations.

Occupiers' Liability Acts 1957 and 1984: Relevant for waivers related to premises or property. Defines duty of care to lawful visitors and trespassers.

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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