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Short Liability Waiver for the United Kingdom

Short Liability Waiver Template for England and Wales

A Short Liability Waiver is a legal document used in England and Wales to establish that a participant understands and accepts the risks associated with an activity or service, and agrees to waive certain legal rights against the provider. The document must comply with the Unfair Contract Terms Act 1977 and, where applicable, the Consumer Rights Act 2015, particularly noting that liability for death or personal injury caused by negligence cannot be excluded.

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Short Liability Waiver

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What is a Short Liability Waiver?

The Short Liability Waiver serves as a risk management tool for businesses and organizations operating in England and Wales. This document is essential when offering activities or services that carry inherent risks, protecting providers while ensuring participants are fully informed of potential dangers. The waiver must be drafted in compliance with UK legislation, particularly regarding consumer protection and unfair contract terms. While a Short Liability Waiver can help manage legal exposure, it cannot exclude all forms of liability and must be reasonable in its scope.

What sections should be included in a Short Liability Waiver?

1. Party Information: Identification of the party providing the waiver and the party accepting it

2. Activity Description: Clear description of activities or services covered by the waiver

3. Risks Acknowledgment: Express acknowledgment of risks involved and confirmation that the participant understands these risks

4. Waiver Statement: Clear statement of what liability is being waived, subject to limitations under the Unfair Contract Terms Act 1977

5. Signature Block: Space for date and signatures of all parties, including witness signature if required

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

1. Medical Declaration: For physical activities, declaration of fitness to participate and disclosure of relevant medical conditions

2. Photo/Video Release: Optional clause granting permission to use images/videos if relevant to the activity

3. Emergency Contact Information: For high-risk activities, space to provide emergency contact details

What schedules should be included in a Short Liability Waiver?

1. Risk Disclosure Schedule: Detailed list of specific risks associated with the activity or service

2. Safety Rules and Protocols: Comprehensive list of safety rules, protocols, and 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

Unfair Contract Terms Act 1977: Key legislation that restricts the extent to which liability can be excluded or limited. Particularly important as it prevents exclusion of liability for death or personal injury caused by negligence.

Consumer Rights Act 2015: Applicable when dealing with consumers. Sets requirements for fairness and transparency in contracts and restricts unfair terms in consumer contracts.

Misrepresentation Act 1967: Governs how the waiver must be presented and explained to ensure no misrepresentation occurs.

Doctrine of Incorporation: Common law principle requiring that terms are properly incorporated into the agreement and reasonable notice of terms is given.

Contra Proferentem Rule: Common law principle stating that ambiguous terms in a contract are to be interpreted against the party seeking to rely on them.

Reasonableness Test: Legal principle requiring that any waiver of liability must be reasonable and fair in its terms and application.

Party Classification: Consideration of whether the waiver is for business-to-business or business-to-consumer use, as different rules apply.

Scope of Activities: Definition of specific activities or services being covered by the liability waiver.

Types of Liability: Specification of which types of liability are being waived, considering statutory restrictions.

Party Capacity: Assessment of the legal capacity of the parties involved to enter into the waiver agreement.

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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