Unconditional Release Of Liability for the United Kingdom

Unconditional Release Of Liability Template for England and Wales

An Unconditional Release of Liability is a legally binding document under English and Welsh law that absolutely and irrevocably discharges a party from any claims, demands, or legal obligations arising from specified circumstances or events. The document serves as a complete waiver of the right to pursue any future legal action regarding the matters covered in the release, subject to certain statutory exceptions such as death or personal injury caused by negligence.

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What is a Unconditional Release Of Liability?

An Unconditional Release Of Liability is commonly used when parties wish to definitively settle potential or existing claims and prevent future litigation. Under English and Welsh law, this document provides comprehensive protection against future claims, although certain statutory rights cannot be waived. The release typically includes details of the parties involved, the specific claims being released, consideration provided, and any relevant conditions or exceptions. It's particularly useful following dispute resolution, accident settlements, or completion of high-risk activities.

What sections should be included in a Unconditional Release Of Liability?

1. Parties: Identification of releasing and released parties, including full legal names and addresses

2. Background: Context of the release, including relevant circumstances and any disputes or claims being addressed

3. Definitions: Key terms used in the release, including 'Claims', 'Released Parties', and specific terms relevant to the situation

4. Release Provisions: Core terms of the release, including scope of claims being released and confirmation of unconditional nature

5. Consideration: Details of the value being exchanged for the release, whether monetary or otherwise

6. Governing Law: Specification that the agreement is governed by the laws of England and Wales

What sections are optional to include in a Unconditional Release Of Liability?

1. Non-Admission of Liability: Statement that the release does not constitute admission of liability by any party

2. Confidentiality: Terms regarding the confidentiality of the release and any underlying dispute

3. Future Claims: Provisions addressing potential unknown future claims and their treatment

4. Third Party Rights: Provisions regarding rights of third parties under the Contracts (Rights of Third Parties) Act 1999

5. Severability: Provisions for maintaining validity of remaining terms if any part is found unenforceable

What schedules should be included in a Unconditional Release Of Liability?

1. Schedule 1 - Released Claims: Detailed list of specific claims, disputes, or matters being released

2. Schedule 2 - Related Parties: Comprehensive list of affiliated entities, subsidiaries, or individuals covered by the release

3. Schedule 3 - Payment Details: Details of any consideration payments, including amounts, timing, and payment methods

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

Document Type

Liability Waiver

Sector

Sales

Cost

Free to use
Industries

Law of Contract: Common Law principles governing formation and enforcement of contracts, including offer, acceptance, consideration, and intention to create legal relations

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract to which they are not a direct party

Unfair Contract Terms Act 1977: Key legislation regulating unfair terms in contracts, particularly important for liability exclusions and limitations

Consumer Rights Act 2015: Legislation protecting consumer rights when dealing with traders, relevant if the release involves a consumer party

Misrepresentation Act 1967: Law governing false statements made during contract formation which induced the other party to enter into the contract

Limitation Act 1980: Legislation setting time limits within which different types of legal claims must be brought

Section 2(1) UCTA 1977: Specific provision preventing exclusion of liability for death or personal injury caused by negligence - cannot be waived

Fraud Exclusion: Legal principle that liability for fraud or fraudulent misrepresentation cannot be excluded by contract

Occupiers' Liability Act 1957: Law governing the duty of care owed by property occupiers to lawful visitors

Occupiers' Liability Act 1984: Law governing the duty of care owed by property occupiers to trespassers

Supply of Goods and Services Act 1982: Legislation governing contracts for the supply of goods and services, including implied terms and conditions

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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