This No Liabilities Agreement is designed for use in situations where parties need to clearly define and limit their liability exposure within the boundaries permitted by Irish law. It is particularly relevant for business relationships involving inherent risks, such as recreational activities, professional services, or facility usage. The document includes comprehensive provisions for liability limitations while ensuring compliance with the Civil Liability Act 1961 and other relevant Irish legislation. It addresses key aspects such as scope of activities, specific exclusions, mandatory carve-outs, and risk acknowledgment procedures. The agreement is structured to balance the interests of all parties while maintaining enforceability under Irish jurisdiction.
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1. Parties: Identifies and defines all parties to the agreement with their full legal names and addresses
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Agreement: Clearly defines the activities, services, or circumstances covered by the liability waiver
5. Liability Waiver: Core section detailing the specific liabilities being waived and the extent of the waiver
6. Exceptions to Liability Waiver: Mandatory carve-outs for liabilities that cannot be legally waived under Irish law
7. Representations and Warranties: Statements of fact or promises made by each party regarding their capacity to enter the agreement
8. Duration and Termination: Specifies how long the agreement remains in effect and how it can be terminated
9. Governing Law and Jurisdiction: Confirms Irish law as governing law and specifies jurisdiction for dispute resolution
10. Entire Agreement: Confirms that this document represents the complete agreement between the parties
1. Indemnification: Optional section where one party agrees to indemnify the other for specific risks - used when additional protection is required
2. Insurance: Requirements for insurance coverage - included when specific insurance arrangements are necessary
3. Dispute Resolution: Detailed procedures for handling disputes - included when parties want specific dispute resolution mechanisms
4. Severability: Provides for survival of agreement if certain provisions are found invalid - recommended for complex agreements
5. Assignment: Rules about transferring rights under the agreement - included when transfer rights need to be restricted
6. Force Majeure: Provisions for unforeseeable circumstances - included when relevant to the nature of the relationship
1. Schedule 1: Specific Activities: Detailed list of activities or services covered by the liability waiver
2. Schedule 2: Excluded Liabilities: Comprehensive list of liabilities specifically excluded from the waiver
3. Schedule 3: Insurance Requirements: Detailed insurance requirements and minimum coverage levels if applicable
4. Appendix A: Risk Acknowledgment Form: Standard form for acknowledging understood risks, to be signed by relevant parties
5. Appendix B: Incident Reporting Procedure: Procedures for reporting any incidents or accidents if relevant to the agreement
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