Are liability waivers enforceable in England & Wales?

England and Wales share one legal system, and here a US-style release simply does not work. Section 2(1) of the Unfair Contract Terms Act 1977 makes any term excluding liability for death or personal injury from negligence void, and section 65 of the Consumer Rights Act 2015 says the same for consumer contracts. A clause that tries to sign those claims away is not binding, however it is drafted.

The document still earns its place as an informed-consent and assumption-of-inherent-risk record: it evidences that the participant understood the specific risks and chose to proceed, supporting defences of consent (volenti) and contributory negligence, and it can lawfully exclude liability for some other loss so far as that is reasonable under section 2(2) of UCTA. A parent cannot sign away a child's claim, so treat a minor's form as consent and have any document checked by a solicitor.

Popular documents for England & Wales businesses

Set up as consent and assumption-of-risk records, common ones include fitness, recreation, wellness, and med spa consent forms.

Important

This page is general information, not legal advice, and WaiverPad is not a law firm. UK waiver law turns on the facts and on getting the wording right. Have any document reviewed by a solicitor in England & Wales before you rely on it.