Consulting Liability Waiver for the United Kingdom

Consulting Liability Waiver Template for England and Wales

A Consulting Liability Waiver is a legal document used in England and Wales that limits or excludes a consultant's liability for certain risks and potential damages arising from their professional services. The document outlines the scope of services, specific limitations of liability, and acknowledgments from the client regarding understanding of risks. It must comply with English law, particularly the Unfair Contract Terms Act 1977 and relevant professional regulations.

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What is a Consulting Liability Waiver?

The Consulting Liability Waiver serves as a crucial risk management tool for consultants operating under English and Welsh law. This document is typically used when a consultant needs to protect themselves from potential claims while providing professional advice or services. The waiver clearly defines the scope of services, establishes liability limitations within legal boundaries, and ensures clients acknowledge understanding of inherent risks. It must be drafted in compliance with relevant legislation, particularly regarding reasonableness of exclusions and professional obligations.

What sections should be included in a Consulting Liability Waiver?

1. Parties: Identification of consultant and client

2. Background: Context of the consulting relationship and purpose of waiver

3. Definitions: Key terms used in the document

4. Scope of Services: Description of consulting services covered by the waiver

5. Liability Limitations: Specific limitations and exclusions of liability

6. Acknowledgment: Client's acknowledgment of understanding and accepting risks

7. Governing Law: Specification of England and Wales as governing jurisdiction

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

1. Insurance: Details of professional indemnity insurance, if applicable

2. Intellectual Property: IP rights and related liability limitations, if relevant

3. Data Protection: Include if personal data processing is involved

4. Third Party Rights: Include if need to address rights of third parties

What schedules should be included in a Consulting Liability Waiver?

1. Schedule of Services: Detailed description of consulting services provided

2. Insurance Details: Details of professional indemnity insurance coverage

3. Risk Disclosure: Detailed disclosure of specific risks associated with the services

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Genie AI

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Unfair Contract Terms Act 1977: Key legislation regulating exclusion and limitation clauses. Prohibits exclusion of liability for death/personal injury from negligence. Requires exclusion clauses to pass reasonableness test.

Consumer Rights Act 2015: Governs contracts between businesses and consumers, including requirements for fair and transparent terms. Particularly relevant if consulting services are provided to individual consumers.

Misrepresentation Act 1967: Regulates liability for misrepresentation in contracts and the extent to which such liability can be excluded or limited in the waiver.

Supply of Goods and Services Act 1982: Sets out implied terms about service quality and requirement for reasonable care and skill in service provision.

Common Law Principles: Fundamental legal principles including doctrine of consideration, contract formation rules, and principles of negligence that must be considered in the waiver.

Data Protection Act 2018 and UK GDPR: Legislative framework for handling personal data, including obligations and liabilities that may arise during consulting work involving data processing.

Professional Standards and Regulations: Industry-specific regulations and professional body requirements that may affect liability limitations depending on the type of consulting services.

Contracts (Rights of Third Parties) Act 1999: Legislation governing third party rights in contracts, including provisions for excluding such rights in the liability waiver.

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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