Hi, thanks very much for your question. My name's XXXXX XXXXX I am going to assist you with it.
If a member suffers an injury and is able to show that the company was negligent, it wouldn't be possible, under English law, for the company to rely on an exclusion clause restricting or excluding its liability for death or personal injury. The relevant rules that deal with this are set out in the Unfair Contract Term Act 1977 and apply in all circumstances, regardless of whether the clause is in a contract or a non-contractual notice or whether the parties are dealing on standard terms or a bespoke contract.
In fact, attempting to exclude liability for personal injury may well render the entire exclusion clause void. Therefore, as there are presumably other losses you would like to exclude (such as property damage), it might, in fact, be advisable to state that nothing in the term shall attempt to exclude liability for death or personal injury resulting from the negligence of the company. Even with this exception, the clause will still be subject to the test of reasonableness (as set out in the legislation).
From a practical point of view, the best way to manage the company's liability regarding injuries and death may be to investigate obtaining a public liability insurance policy.
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