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Release And Waiver Of Liability Form for the United Kingdom

Release And Waiver Of Liability Form Template for England and Wales

A Release and Waiver of Liability Form is a legal document governed by English and Welsh law that provides protection against future claims by having one party (the releasor) voluntarily relinquish their right to bring legal action against another party (the releasee) for specified activities or circumstances. The document must comply with the Unfair Contract Terms Act 1977 and cannot exclude liability for death or personal injury caused by negligence.

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Release And Waiver Of Liability Form

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What is a Release And Waiver Of Liability Form?

A Release And Waiver Of Liability Form is crucial for businesses and individuals operating in high-risk or liability-prone environments under English and Welsh law. This document is commonly used when participants engage in potentially dangerous activities, receive services with inherent risks, or enter situations where the service provider needs protection from future claims. The form details the specific rights being waived, acknowledges risks, and must be carefully drafted to ensure compliance with UK legislation, particularly the Unfair Contract Terms Act 1977 and Consumer Rights Act 2015.

What sections should be included in a Release And Waiver Of Liability Form?

1. Parties: Identifies all parties involved in the waiver

2. Background: Explains context and purpose of the waiver

3. Definitions: Defines key terms used in the document

4. Scope of Release: Details what claims/rights are being waived

5. Acknowledgment of Understanding: Confirms signatory understands the implications

6. Execution: Signature blocks and witness provisions

What sections are optional to include in a Release And Waiver Of Liability Form?

1. Consideration: Details any payment or value exchanged - use when there is specific consideration being provided

2. Indemnification: Additional protection against future claims - use in high-risk situations or complex commercial contexts

3. Severability: Preserves remainder if parts are invalid - use in complex waivers with multiple provisions

4. Governing Law: Specifies applicable law and jurisdiction - use when parties are in different jurisdictions

What schedules should be included in a Release And Waiver Of Liability Form?

1. Schedule of Released Claims: Detailed list of specific claims being waived

2. Schedule of Excluded Claims: List of claims specifically not waived

3. Risk Acknowledgment: Detailed description of risks being assumed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions


























Clauses

























Industries

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

Consumer Rights Act 2015: Applicable when the waiver involves consumers rather than businesses. Contains provisions about unfair terms and requirements for transparency and prominence of terms.

Misrepresentation Act 1967: Governs statements made prior to agreement and places limitations on excluding liability for misrepresentation.

Contracts (Rights of Third Parties) Act 1999: Addresses third-party rights and their ability to enforce terms of the waiver.

Common Law Principles: Encompasses fundamental legal principles including consideration requirements, capacity to contract, duress and undue influence, and reasonableness and public policy considerations.

Data Protection Act 2018 and UK GDPR: Relevant when personal data is being processed, addressing privacy implications and data protection requirements.

Mental Capacity Act 2005: Ensures that parties have the mental capacity to understand and agree to the terms of the waiver.

Equality Act 2010: Ensures that the waiver does not contain discriminatory terms or unfairly discriminate against protected characteristics.

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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