The Waiver And Indemnity Form is essential in situations where one party wishes to protect themselves against potential claims while engaging in activities that carry inherent risks. Common in England and Wales, this document serves dual purposes: first, it documents the participant's voluntary relinquishment of certain legal rights, and second, it establishes their agreement to indemnify the other party against potential claims. The form must comply with UK legislation, particularly regarding the exclusion of liability for negligence and consumer protection requirements. It's particularly relevant for activities involving physical risk, property use, or specialized services.
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1. Parties: Identifies all parties to the agreement
2. Background: Explains context and purpose of the waiver
3. Definitions: Defines key terms used in the document
4. Waiver Provisions: Details of rights being waived
5. Indemnity Provisions: Scope and extent of indemnification
6. Governing Law: Specifies applicable law and jurisdiction
7. Execution: Signature blocks and execution requirements
1. Duration: Time period for which waiver/indemnity applies - use when waiver is time-limited
2. Insurance: Insurance requirements and obligations - use when specific insurance coverage is required
3. Consideration: Details of payment or other consideration - use when waiver is given in exchange for something
4. Third Party Rights: Provisions regarding third party rights - use when third parties are affected by the agreement
1. Schedule of Risks: Detailed list of risks being waived
2. Schedule of Activities: Description of activities covered by waiver
3. Schedule of Properties: List of properties or assets covered by the waiver and indemnity
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