Release Of Liability And Hold Harmless Form for the United Kingdom

Release Of Liability And Hold Harmless Form Template for England and Wales

A Release of Liability and Hold Harmless Form is a legal document governed by English and Welsh law that provides protection against future legal claims. It establishes an agreement whereby one party (the releasor) waives their right to sue or claim damages from another party (the releasee) for specified activities or circumstances. The document includes specific provisions conforming to English and Welsh legislation, particularly the Unfair Contract Terms Act 1977 and relevant common law principles.

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What is a Release Of Liability And Hold Harmless Form?

The Release Of Liability And Hold Harmless Form is essential in situations where activities or services carry inherent risks. This document, governed by English and Welsh law, serves to protect businesses and individuals from potential legal claims while ensuring compliance with relevant legislation, including the Unfair Contract Terms Act 1977. It's commonly used in recreational activities, professional services, and events where participants acknowledge and accept certain risks. The form typically includes detailed descriptions of the activities covered, specific risks involved, and the extent of the liability release, while maintaining compliance with legal restrictions on liability exclusions for death or personal injury caused by negligence.

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

1. Parties: Identifies all parties to the agreement with full legal names and addresses

2. Background: Explains context and purpose of the release

3. Definitions: Defines key terms used throughout the document

4. Release of Liability: Core terms releasing the releasee from specified liabilities

5. Hold Harmless Provision: Agreement to indemnify and hold harmless from claims

6. Governing Law: Specifies applicable law and jurisdiction

7. Execution: Signature blocks and execution requirements

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

1. Consideration: Details any payment or consideration, used when there is monetary or other consideration for the release

2. Insurance: Insurance requirements and provisions, used when specific insurance coverage is relevant to the release

3. Term and Termination: Duration of the release and termination provisions, used when release is time-limited or conditional

4. Specific Risks: Detailed list of specific risks being released, used when addressing specific activities or risks

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

1. Schedule of Activities: Lists specific activities covered by the release

2. Schedule of Risks: Detailed enumeration of risks being released

3. Insurance Requirements: Detailed insurance specifications if applicable

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
Industries

Unfair Contract Terms Act 1977: Key legislation regulating exclusion and limitation clauses. Prohibits exclusion of liability for death or personal injury caused by negligence and requires reasonableness test for exclusion clauses.

Consumer Rights Act 2015: Governs business-to-consumer contracts, requiring fairness and transparency in terms. Essential if the release form involves a business and consumer relationship.

Misrepresentation Act 1967: Ensures statements and terms are clear and accurate, preventing misleading representations in the agreement.

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

Common Law Principles: Fundamental contract law principles including consideration, capacity to contract, intention to create legal relations, and clarity of terms.

Data Protection Act 2018 and UK GDPR: Relevant when personal data is involved in the agreement, ensuring compliance with privacy and data protection requirements.

Mental Capacity Act 2005: Ensures parties have the mental capacity to understand and enter into the agreement.

Limitation Act 1980: Establishes time limits for bringing claims and affects the duration of liability release provisions.

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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