Non Liability Agreement - India

Non Liability Agreement for India

Non Liability Agreement Template for India

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What is a Non Liability Agreement?

The Non-Liability Agreement serves as a crucial legal instrument in Indian business operations where parties wish to clearly define and limit their liability exposure in various commercial relationships. This document is particularly relevant when businesses or individuals engage in activities that carry inherent risks or when providing services where potential liability needs to be clearly defined and limited. The agreement must comply with Indian contract law principles, including the Indian Contract Act, 1872, and consider relevant Supreme Court judgments on liability limitations. It's commonly used in scenarios such as professional services, recreational activities, facility usage, or equipment rental, where one party wishes to protect themselves from potential claims while ensuring the agreement remains enforceable under Indian law.

What sections should be included in a Non Liability Agreement?

1. Parties: Identifies and defines the parties entering into the agreement, including their legal names, addresses, and any relevant registration details

2. Background: Provides context for the agreement, describing the relationship between parties and the circumstances leading to this agreement

3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation

4. Scope of Agreement: Clearly defines the activities, services, or circumstances covered by the liability waiver

5. Liability Limitations: Details the specific limitations of liability, including what types of claims are waived and any exceptions

6. Representations and Warranties: Statements of fact or promises made by each party regarding their capacity to enter into the agreement

7. Duration and Termination: Specifies how long the agreement remains in effect and conditions for termination

8. Governing Law and Jurisdiction: Specifies Indian law as governing law and determines jurisdiction for dispute resolution

9. Entire Agreement: Confirms that this document represents the complete agreement between parties and supersedes prior discussions

10. Severability: Ensures that if any provision is found invalid, the rest of the agreement remains enforceable

What sections are optional to include in a Non Liability Agreement?

1. Indemnification: Used when one party agrees to protect the other from third-party claims - include when specifically requested by parties

2. Insurance Requirements: Include when specific insurance coverage is required to support the liability arrangement

3. Force Majeure: Add when parties want to address liability during extraordinary events beyond their control

4. Confidentiality: Include when the arrangement involves sharing of sensitive information

5. Assignment: Add when parties need to address whether rights under the agreement can be transferred

6. Dispute Resolution: Include when parties want to specify alternative dispute resolution methods before litigation

7. Notices: Add when formal communication procedures need to be established between parties

What schedules should be included in a Non Liability Agreement?

1. Schedule A - Specific Activities: Detailed list of activities or services covered under the liability waiver

2. Schedule B - Excluded Claims: List of specific claims or circumstances that are not covered by the liability waiver

3. Schedule C - Insurance Requirements: Detailed insurance requirements if applicable

4. Appendix 1 - Risk Acknowledgment Form: Standard form for acknowledging understood risks, if applicable

5. Appendix 2 - Contact Details: Detailed contact information for authorized representatives of each party

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Generate a Bespoke Document

Download a Standard Template

What is a Non Liability Agreement?

What sections should be included in a Non Liability Agreement?

What sections are optional to include in a Non Liability Agreement?

What schedules should be included in a Non Liability Agreement?

Authors

Alex Denne

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