What is the Letter of Indemnity (Disclaimer)?

What is the Letter of Indemnity (Disclaimer)

The Letter of Indemnity (or Discharge of Liability) is a unilateral declaration by which a subject (indemnity) undertakes to indemnify another subject (indemnified) from any liability deriving from the performance of an activity.

This declaration is used in the event that a person wants to limit his own responsibility and that of his possible employees and/or collaborators. He can thus be exonerated from patrimonial claims in the event of damage to persons and/or property in the exercise of a specific activity.

However, with the indemnity act it is possible only an exemption from liability for slight negligence and never for willful misconduct (damage caused intentionally) or gross negligence (damage caused by a serious lack of diligence). For example, if an activity involves the use of machinery that has not been overhauled, the owner cannot be exempted from this liability as it is due to gross negligence. On the other hand, he may be exempted if a person causes accidental damage by using an overhauled machine.

The person assuming responsibility can include additional elements in the declaration. You can be obliged to comply with specific regulations or instructions or declare that you are in good health due to physical activities. It is also possible to set a limitation of the liability of the person carrying out the activity so that a maximum amount to be compensated in case of damage is foreseen.

When using the indemnity statement

The indemnity statement can be used in relation to different activities. A common case is the discharge of responsibility for the practice of a sporting activity. Whoever carries it out holds the owner of the sports center harmless from any liability for injuries or damage caused to things and / or people. In these cases, a declaration of good psycho-physical health is generally included in the indemnity letter to ensure that the subject is in adequate condition to carry out the activity.

Other cases may concern, for example, participation in an event or even a work contract or an equipment rental contract. Within these contracts it is typically already provided a pact indemnity. If this is not the case, a letter of indemnity can be signed as a unilateral declaration ancillary to the main contract.

The indemnity statement can also be used to manage the responsibilities of minors. In this case, the document must be signed by a parent or by whoever exercises parental responsibility over the minor. It can be useful in the hypothesis of school trips or events for children where the organizers want to limit their responsibilities.

Both parties involved in the indemnity can be both natural and legal persons. For example, those who are exonerated from responsibilities can be both a personal trainer who works for himself or a corporation that manages a gym. Just as the person who takes on the responsibilities can be, for example, a freelancer or a corporation.

What the disclaimer model contains

Our disclaimer letter contains:

  • Subject:  the description of the activity for which it is intended to exempt from liability with the possibility of attaching any contacts between the parties
  • Good state of health of the indemnifier:  the declaration of being in suitable psychophysical conditions to carry out physical or sporting activities
  • Compliance with regulations and/or instructions:  the person who signs the indemnity undertakes to comply with specific instructions and regulations
  • Employees and collaborators: the possibility of relieving any employees from liability
  • Maximum amount to be compensated:  to limit any compensation for damage within a maximum limit
  • Responsibilities of minors: to manage activities carried out by minors

At the end of the interview we will guide you step by step in all the subsequent necessary formalities.

Information you need

To complete the document, you need all the data of the parts If you do not have the data, you can still enter them at a later time.

Our disclaimer is not a simple facsimile of a letter of indemnity, but a declaration that meets all legal requirements. At the end of the interview you can edit the document in its entirety.

Other names

  • Disclaimer
  • Disclaimer of liability
  • Disclaimer
  • Disclaimer letter
  • Indemnity declaration for damages
  • Disclaimer of liability
  • Civil liability release
  • Disclaimer for minors

Other useful templates and facsimiles

  • Equipment Rental Agreement: to rent and use movable property
  • Loan Agreement for Use: to grant free use of an asset
  • Opera Contract: to entrust a company with the realization and delivery of a work
  • Service Performance Agreement: to regulate the relationship between a customer and a service provider
  • Contract for the Use of Spaces and Services: to share a space or an equipped office and offer functional and connected services

 

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