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Non Liability Agreement for India

Non Liability Agreement Template for India

A comprehensive legal document governed by Indian law that establishes and defines the limitations of liability between parties engaging in specific activities or services. The agreement complies with the Indian Contract Act, 1872, and related legislation, providing clear terms for liability limitations while maintaining enforceability under Indian jurisdiction. It includes specific provisions for risk allocation, warranties, indemnifications, and dispute resolution mechanisms, all structured to align with Indian legal requirements and judicial precedents.

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Non Liability Agreement

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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

Jurisdiction

India

Publisher

Ƶ

Document Type

Liability Waiver

Cost

Free to use
Relevant legal definitions






























Clauses
























Relevant Industries

Information Technology

Manufacturing

Professional Services

Sports and Recreation

Healthcare

Construction

Education

Entertainment

Real Estate

Retail

Hospitality

Transportation

Logistics

Consulting

Relevant Teams

Legal

Risk Management

Compliance

Operations

Commercial

Business Development

Contracts Administration

Corporate Affairs

Facility Management

Project Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Business Development Manager

Contract Administrator

Chief Operating Officer

Facility Manager

Project Manager

General Manager

Chief Legal Officer

Chief Risk Officer

Operations Manager

Commercial Director

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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