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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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HII work at Company-A who have a large car park unused

Customer Question

HI
I work at Company-A who have a large car park unused at weekends. Site managers have agreed to allow the car park to be used for Under-17 driving lessons/training at weekends.
Company A provides the site but the lessons are provided by a 3rd party ( qualified Driving Instructor).
Company A has asked that parents of children who want a lesson sign a waiver.
I need help with that waiver.
The waiver would be presented to customers by the Driving Instructor 3rd party.
I have a draft waiver given to me by Company-A as an example, however this draft was:
1) for rock climbing activity for children
2) for an activity organised and managed by Company A ( as opposed to just giving access to their facilities)
Please can you:
1) advise if a waiver is needed (can it be part of T&Cs?)
2) write the appropriate waiver/modify the draft i have
3) accommodate that the waiver is signed digitally (e.g. "I accept the T&Cs [x]" )
regards
J
Submitted: 12 months ago.
Category: Law
Expert:  UKSolicitorJA replied 12 months ago.
Hello,
Company A cannot waive liability for personal injury or death by law, so I do not see the relevance of such a waiver. In my opinion, it would not be worth the paper it is written on.
Secondly, Company A would be liable under the Occupiers Liability Act to ensure the safety of all visitors on its land. This includes the driving school and their customers.
Company A would also be liable to unauthorised people on its land I.e trespassers and it should ensure that the car park is free of any hazards.
Company A may in this case ask for an indemnity from the driving school operator to indemnify it against any claim made against company A arising in connection with the use by the driving school of the car park. Company A should also have public liability cover to indemnify it from any claim made as a result of the use of the car park in this manner.
The indemnity clause could be like this
We indemnify Company A at all times against any loss, damages, claim or action arising against Company A arising as a result of the use of Company A's car park at <<
> for instructing learner drivers.
Hope this helps
Customer: replied 12 months ago.
Where should the indemnity clause appear? In what document?
Customer: replied 12 months ago.
Re. Previous response... i mean the permission given by co A to use the site is given informally so would a formal agreeu be required that includes the indemnity clause?
Expert:  UKSolicitorJA replied 12 months ago.
Yes, a formal letter would be advisable between co. A and the driving school setting out the indemnity.
All the best
Customer: replied 12 months ago.
Thanks.A letter signed by a representative of tge driving school will suffice as opposed to a contract Or anything else?
Expert:  UKSolicitorJA replied 12 months ago.
The letter is fine.
All the best please leave feedback

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