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dhhands  
#1 Posted : 12 November 2018 15:38:18(UTC)
Rank: Forum user
dhhands

Hi

I have been asked to draft a waiver for certain people/groups who use my company's property, such as photographers.

The public have a right of access to the land at all times.

Are waivers etc. legally workable, or is there no point having them?

Thanks

Roundtuit  
#2 Posted : 12 November 2018 16:26:48(UTC)
Rank: Super forum user
Roundtuit

Duties of care required under statute cannot be signed away.

For the type of (risk acceptance) waivers I think you may be elduing to (typically in sky-diving, scuba-diving, paragliding, bungee jumping etc.) you need a solicitor as the text should be clear, communicable and well understood. Even then any negligence on the part of your company would invalidate such a document.

Given there is a public right of access it is unlikely there is anything of sufficient risk to warrant notification by waiver and justify administrative burden.

You can't for example use a waiver to stop someone suing over a cracked footpath or potholed road

thanks 2 users thanked Roundtuit for this useful post.
dhhands on 13/11/2018(UTC), dhhands on 13/11/2018(UTC)
Roundtuit  
#3 Posted : 12 November 2018 16:26:48(UTC)
Rank: Super forum user
Roundtuit

Duties of care required under statute cannot be signed away.

For the type of (risk acceptance) waivers I think you may be elduing to (typically in sky-diving, scuba-diving, paragliding, bungee jumping etc.) you need a solicitor as the text should be clear, communicable and well understood. Even then any negligence on the part of your company would invalidate such a document.

Given there is a public right of access it is unlikely there is anything of sufficient risk to warrant notification by waiver and justify administrative burden.

You can't for example use a waiver to stop someone suing over a cracked footpath or potholed road

thanks 2 users thanked Roundtuit for this useful post.
dhhands on 13/11/2018(UTC), dhhands on 13/11/2018(UTC)
fairlieg  
#4 Posted : 13 November 2018 09:51:20(UTC)
Rank: Forum user
fairlieg

This might help and I would consult a scolicitor

https://www.legislation.gov.uk/ukpga/1977/50/enacted there is an ammendment you will need to look at also

thanks 1 user thanked fairlieg for this useful post.
dhhands on 13/11/2018(UTC)
quality_somerset  
#5 Posted : 13 November 2018 16:35:20(UTC)
Rank: New forum user
quality_somerset

The Unfair Contract Terms Act 1977, S2 (1) states that you cannot exclude liability for death or injury.  This makes any waiver/sign meaningless and will not reduce your liability to a claim of negligence.  

As Roundtuit states it maybe possible to limit your liability for activities where both parties are aware of, and accept any potential risk.  However this would be in very specific cases such as a stuntman for example, but even in this case you would have had to have gone through a fairly comprehensive risk control process to avoid a claim of negligence.

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