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Caregiver Liability Waiver for the United Kingdom

Caregiver Liability Waiver Template for England and Wales

A Caregiver Liability Waiver is a legal document governed by English and Welsh law that establishes the scope of liability protection for individuals or organizations providing care services. It outlines which responsibilities and risks are being assumed by each party, while respecting mandatory legal obligations that cannot be waived under UK legislation. The document addresses various aspects of care provision, including personal injury, property damage, and professional negligence, while ensuring compliance with relevant healthcare and social care regulations.

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Caregiver Liability Waiver

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What is a Caregiver Liability Waiver?

The Caregiver Liability Waiver serves as a critical risk management tool in the caregiving industry across England and Wales. This document is essential when establishing professional caregiving relationships, whether through agencies or independent arrangements. It provides clarity on liability limitations while ensuring compliance with UK legislation such as the Unfair Contract Terms Act 1977 and the Care Standards Act 2000. The waiver helps protect caregivers from unreasonable liability claims while maintaining appropriate responsibility for professional duties and cannot exclude liability for death or personal injury caused by negligence.

What sections should be included in a Caregiver Liability Waiver?

1. Parties: Identifies the caregiver and the person/entity engaging their services

2. Background: Explains the context and purpose of the caregiving arrangement

3. Definitions: Defines key terms used throughout the document including 'Services', 'Care Recipient', 'Caregiver', and 'Emergency'

4. Scope of Services: Details the specific caregiving duties and responsibilities to be provided under the agreement

5. Liability Limitations: Specifies what liabilities are being waived and what cannot be waived under English and Welsh law

6. Governing Law: Confirms the agreement is governed by English and Welsh law and jurisdiction

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

1. Insurance Requirements: Details required insurance coverage for professional caregiving services

2. Emergency Procedures: Outlines procedures for handling medical emergencies and urgent situations

3. Confidentiality: Details obligations regarding handling of private and sensitive information

4. Termination: Conditions and procedures for ending the caregiving arrangement

What schedules should be included in a Caregiver Liability Waiver?

1. Schedule of Services: Detailed list of specific caregiving duties and responsibilities

2. Medical Information Form: Important medical information about the person receiving care

3. Emergency Contact List: List of emergency contacts and their contact details

4. Care Plan: Detailed plan outlining specific care requirements and procedures

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 that restricts the extent to which liability for negligence can be excluded. Sets requirements for reasonableness in exclusion clauses. Some liabilities cannot be excluded at all under this Act.

Consumer Rights Act 2015: Applies when caregiver services are provided to consumers. Sets requirements for fairness and transparency in contracts. Notably prohibits the exclusion of liability for death or personal injury caused by negligence.

Health and Safety at Work Act 1974: Relevant for employed caregivers. Establishes basic health and safety obligations and statutory duties that cannot be contracted out of.

Mental Capacity Act 2005: Critical legislation when caring for individuals with reduced mental capacity. Governs consent and decision-making processes for vulnerable individuals.

Safeguarding Vulnerable Groups Act 2006: Focuses on protection of vulnerable adults, including DBS checking requirements. Statutory safeguarding obligations cannot be waived.

Common Law Principles: Encompasses fundamental legal principles including duty of care, negligence, and reasonableness of exclusion clauses in contracts.

Data Protection Act 2018 and UK GDPR: Governs the handling of personal and medical information, including privacy considerations in caregiving contexts.

Care Standards Act 2000: Applicable to professional caregiving services, establishing quality of care standards that must be maintained.

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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