The Hold Harmless Waiver Form is essential in situations where parties need to manage and allocate risk in their activities or relationships. Under English and Welsh law, this document provides a framework for risk transfer while respecting statutory limitations on liability exclusion. It's commonly used in various contexts from recreational activities to professional services, though it cannot override certain statutory protections. The document typically includes detailed descriptions of risks, specific activities covered, and the extent of liability protection, while ensuring compliance with the Unfair Contract Terms Act 1977 and other relevant legislation.
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1. Parties: Identifies all parties to the agreement, including the indemnifying and indemnified parties
2. Background: Explains the context and purpose of the waiver agreement
3. Definitions: Defines key terms used throughout the agreement including 'Claims', 'Losses', and 'Liability'
4. Scope of Waiver: Specifies the activities, circumstances, and types of claims covered by the waiver
5. Indemnification Provisions: Details the specific hold harmless obligations and extent of liability release
6. Duration: Specifies the term of the waiver and when it comes into effect
7. Signature Block: Space for parties to execute the agreement with appropriate attestation
1. Insurance Requirements: Details any insurance obligations and minimum coverage requirements
2. Jurisdiction: Specifies governing law and courts for dispute resolution
3. Severability: Addresses the survival of remaining terms if certain provisions are found invalid
4. Assignment: Specifies whether and how rights under the agreement may be transferred
1. Schedule of Activities: Detailed list of specific activities and circumstances covered by the waiver
2. Risk Disclosure: Comprehensive list of potential risks being waived and acknowledged by the parties
3. Insurance Certificates: Copies of required insurance documentation and certificates
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