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Liability Hold Harmless Agreement for the United Kingdom

Liability Hold Harmless Agreement Template for England and Wales

A Liability Hold Harmless Agreement under English and Welsh law is a legally binding document where one party agrees to indemnify and protect another party from legal liability, claims, or damages arising from specified activities or circumstances. The agreement is governed by key legislation including the Unfair Contract Terms Act 1977 and must comply with statutory requirements regarding the exclusion of liability. It provides a framework for risk allocation between parties while ensuring compliance with English and Welsh legal principles regarding reasonableness and enforceability.

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What is a Liability Hold Harmless Agreement?

The Liability Hold Harmless Agreement is commonly used in business relationships where risk allocation needs to be clearly defined and documented. This agreement type is particularly relevant when parties wish to establish clear boundaries of liability and responsibility for specific activities or operations. Under English and Welsh law, these agreements must be carefully drafted to ensure compliance with statutory requirements, particularly the Unfair Contract Terms Act 1977, which restricts the extent to which liability can be excluded. The agreement typically includes detailed provisions about the scope of protection, duration, insurance requirements, and specific activities covered.

What sections should be included in a Liability Hold Harmless Agreement?

1. Parties: Identifies the parties entering into the agreement with full legal names and addresses

2. Background: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Hold Harmless Provisions: Core indemnification clauses specifying scope of protection

5. Duration: Period for which the hold harmless provisions remain in effect

6. Governing Law: Specifies applicable law and jurisdiction

What sections are optional to include in a Liability Hold Harmless Agreement?

1. Insurance Requirements: Specifies required insurance coverage when specific insurance requirements need to be maintained

2. Limitation of Liability: Caps on liability amounts when parties agree to specific monetary limits on liability

3. Notice Requirements: Procedures for providing notice of claims when specific notification procedures are needed

What schedules should be included in a Liability Hold Harmless Agreement?

1. Schedule of Activities: Lists specific activities covered by the hold harmless agreement

2. Insurance Schedule: Details of required insurance policies and coverage levels

3. Excluded Claims: List of specific claims or circumstances excluded from the agreement

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
Relevant legal definitions




















Clauses




















Industries

Unfair Contract Terms Act 1977: Primary legislation governing unfair terms in contracts, particularly important for limitations and exclusions of liability in hold harmless agreements

Consumer Rights Act 2015: Legislation that must be considered if one party is a consumer, affecting the enforceability and fairness of contract terms

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may enforce terms of a contract, relevant for understanding the scope of indemnification

Supply of Goods and Services Act 1982: Sets out implied terms in contracts for goods and services, which may affect the scope of liability protection

Doctrine of Privity of Contract: Common law principle determining who can enforce contractual rights and obligations

Consideration Rules: Common law principles requiring that contracts must be supported by consideration to be legally binding

Contractual Interpretation Principles: Common law rules governing how courts interpret contractual terms and clauses

Reasonableness Test: Legal requirement that exclusion clauses must be reasonable to be enforceable, as established in case law

Section 2(1) UCTA Restriction: Statutory prohibition on excluding liability for death or personal injury caused by negligence

Fraudulent Misrepresentation Rules: Legal principles preventing the exclusion of liability for fraudulent misrepresentation

Industry-Specific Regulations: Sector-specific rules and regulations that may affect the validity and scope of hold harmless agreements

European Union (Withdrawal) Act 2018: Framework for retained EU law post-Brexit that may impact contractual relationships and interpretation

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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