Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
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If your business brings customers, participants, or contractors into situations where there’s a risk of loss or claims, you’ve likely wondered whether an indemnity form template is the right tool to protect you.
Used correctly, an indemnity can shift certain risks away from your business and help you recover costs if something goes wrong. Used poorly, it can be unenforceable - or worse, breach UK consumer law.
In this guide, we’ll explain what an indemnity form is, when to use one, what to include, and how to roll it out confidently under UK law.
What Is An Indemnity Form Template?
An indemnity form template is a pre-drafted document you use to require another party (often a customer, participant, guest, or supplier) to cover specific losses your business suffers in connection with a defined activity or event.
In plain English, an indemnity is a promise to reimburse you if certain risks materialise (for example, third-party claims, damage to property, or regulatory fines arising from the other party’s actions).
It’s different from:
- A waiver: a participant gives up the right to make certain claims against you. You’ll often see both a waiver and an indemnity used together for higher-risk activities. For activity-based businesses, you may also want a separate Waiver.
- A guarantee: a third party promises they’ll be responsible if someone else doesn’t perform. For that scenario, a Deed of Guarantee and Indemnity is the usual tool.
- A limitation clause: caps or limits liability rather than shifting it. Most good contracts use both an indemnity and a clear limitation of liability.
Because every business and activity is different, think of a “template” as a structured starting point, not a one-size-fits-all document. You’ll still need to tailor it to what you do, who you deal with, and whether your customers are consumers or businesses.
When Should A Business Use An Indemnity Form?
Indemnities are common in situations where there’s a higher risk profile or third-party exposure. You might use an indemnity form template (or an indemnity clause in your contract) when you:
- Run events, retreats, workshops, adventure activities, fitness classes, or sports where participants interact with equipment or facilities
- Hire out equipment, tools, or vehicles and want protection if the hirer damages the kit or injures someone while using it
- Allow contractors, volunteers, or visitors on-site and need them to follow your safety rules and cover losses caused by their acts
- Work with content creators, photographers, or event organisers where third-party IP or venue losses could be in play
- Onboard corporate clients and want the client to indemnify you for their data or instructions (e.g. content approvals, materials they supply)
For customer-facing experiences (like retreats, training days, or adventure activities), your indemnity will usually sit alongside clear terms of participation. For example, businesses that host multi-day experiences often use tailored Retreat Terms and Conditions plus a waiver and an indemnity.
Are Indemnity Forms Enforceable Under UK Law?
Yes - if drafted properly and used in the right context. But there are important legal guardrails you need to respect, especially when dealing with consumers.
Unfair Contract Terms Act 1977 (UCTA)
Under UCTA, businesses cannot exclude or restrict liability for death or personal injury caused by negligence. Any term trying to do this is automatically void. For other losses caused by negligence, any exclusion or restriction must pass a “reasonableness” test (it asks, among other things, if the term was fairly brought to the other party’s attention and whether it’s a fair allocation of risk).
Consumer Rights Act 2015 (CRA)
When your customer is a consumer (an individual acting for purposes wholly or mainly outside their trade, business, craft or profession), the CRA imposes strict controls on unfair terms. Clauses that try to remove or unduly limit statutory rights, or that create a significant imbalance to the detriment of consumers, may be unenforceable. In short: a heavy-handed indemnity against consumers is risky and often won’t stand up.
Transparency And Reasonableness
- Use clear, plain language. Hidden or overly legalistic terms are more likely to be challenged.
- Be specific about what the indemnity covers (not a catch-all for “everything under the sun”).
- Signpost the indemnity before the person commits (e.g. no last-minute surprises at checkout).
- Consider the bargaining power and context. “Take it or leave it” terms that go beyond reasonable risk allocation can be struck out.
For business-to-business arrangements, an indemnity can be broader, but reasonableness still matters. It’s good practice to pair indemnity language with a sensible liability framework, including a negotiated cap - see our practical examples in examples of limitation of liability clauses.
If you’re unsure whether you’re dealing with a consumer or business, or how to draft a fair term that won’t be struck out, it’s smart to get advice. Consumer law compliance is non-negotiable - you can’t contract out of the Consumer Law.
What To Include In An Indemnity Form Template
A solid indemnity form template will usually cover the following areas. Tailor each point to your activity and whether you’re dealing with consumers or businesses.
1) Parties, Activity And Definitions
- Identify the parties (your legal entity and the participant/customer/contractor).
- Define the activity, event, facility, equipment or service the indemnity relates to.
- Define key terms like “Loss”, “Claims”, “Third Party” and the “Indemnified Parties”.
2) Indemnity Grant And Scope
- Set out the promise to indemnify your business against specified losses arising from the other party’s acts or omissions in connection with the activity.
- Specify categories of losses covered, such as third-party claims, property damage, legal costs on a full indemnity basis, regulatory penalties attributable to their breach, and clean-up costs for damage they cause.
- Clarify exclusions - e.g. the indemnity does not cover your own negligence, wilful misconduct, or non-compliance.
3) Liability Framework (Caps And Carve-Outs)
- For B2B contracts, include a liability cap for each party and carve-outs (e.g. no cap for fraud, deliberate misconduct, or IP infringement indemnities). Review your limitation of liability alongside your indemnity so they work together.
- For consumer-facing forms, ensure terms are fair, transparent and CRA-compliant. Avoid broad exclusions or “blanket” indemnities that could be unfair.
4) Claims Handling Procedure
- Notice obligations (how and when you’ll notify the indemnifying party of a claim).
- Control of defence and cooperation (who manages the claim and how the other party must assist).
- Settlement restrictions (e.g. no settlement without consent that prejudices the other party).
5) Safety Rules And Acknowledgements
- Require compliance with your safety instructions, supervision, and equipment guidelines.
- Include truthful health declarations if relevant (e.g. for physical activities), while being careful with medical data (GDPR applies). If you collect health information, have an appropriate Privacy Policy and ensure the form signposts this.
6) Insurance
- For B2B, you can require the other party to maintain certain insurances (public liability, professional indemnity) and provide evidence on request.
7) Data Protection And Consent
- If your form collects personal data, state why you’re collecting it, how you’ll use it, and link to your privacy information. For consents (photos, marketing, or participation data), use clear, separate opt-ins. For events, consider a simple participant consent form.
8) Signatures And Authority
- Make sure the person signing is over 18 and has authority. If a minor is involved, get the parent/guardian to sign and check your safeguarding policy.
Indemnity Form Template: Example Structure
Below is a simple structure you can adapt. This is illustrative only - always tailor wording to your business model and legal context.
1) Parties And Activity
of (we/us/our) and of (you/your). This indemnity relates to at .
2) Safety Obligations
You agree to follow our instructions, supervision and safety rules at all times and to use any equipment in a competent and careful manner.
3) Indemnity
You indemnify us and our officers, employees and contractors against all losses, liabilities, costs (including reasonable legal costs) and expenses we suffer or incur arising out of your breach of this form or your negligent acts or omissions in connection with the Activity, including third-party claims and property damage. This indemnity does not apply to losses caused by our negligence, fraud or wilful misconduct.
4) Claims Management
If a claim arises which may give rise to your indemnity, we will notify you as soon as reasonably practicable. We may conduct and control the defence and settlement of the claim and you agree to provide all reasonable assistance.
5) Liability
Nothing in this form excludes or limits liability for death or personal injury caused by negligence, fraud, or any liability which cannot be excluded under law. If you are a consumer, your statutory rights are not affected.
6) Data And Privacy
We will process your personal data in accordance with our Privacy Policy . By signing, you confirm the information you provide is accurate.
7) Signatures
Signed by you: __________________ Date: ____/____/____
Signed for and on behalf of : __________________ Date: ____/____/____
Again, this is a baseline illustration. It will not be suitable for all scenarios - for example, equipment hire, retreats, or B2B services will need extra clauses and careful liability wording. For structured engagements, many businesses fold the indemnity into a broader Service Agreement or Terms rather than using a standalone form.
How To Roll Out Indemnity Forms In Your Business
1) Map Your Risks
List where claims could come from: participant injuries, damage to third-party property, misuse of equipment, IP/content issues, or regulatory fines triggered by the other party’s actions. Your indemnity should map to those real risks - not generic possibilities.
2) Choose The Right Format
- Standalone form (e.g. for a one-off event or activity).
- Incorporate into booking terms, hire agreements, or your contract, alongside a fair limitation of liability and clear scope of services.
3) Keep It Fair And Transparent
Signpost the indemnity during checkout or prior to the event, use plain English, and avoid unfair surprises. If you’re serving consumers, sanity-check the terms against the CRA’s fairness test.
4) Update Your Privacy Materials
If your form collects personal data (names, health notes, emergency contacts), make sure your Privacy Policy covers what you collect and why, and that your form links to it. If you need explicit consents (e.g. photo consent), keep them separate and specific.
5) Train Your Team
Frontline staff should know when to issue the form, how to check for proper completion, and what to do if a participant refuses. For online sign-ups, ensure you have an audit trail showing acceptance.
6) Align With Insurance
Speak to your broker to confirm your public liability or professional indemnity policies align with your documents. Insurers sometimes require specific wording or procedures (like incident reporting timelines). Your contract strategy, indemnities and insurance should work together.
7) Review And Refresh
Revisit the template when you add new activities, locations, or participant types, and after any incident review. Laws evolve, and your terms should keep pace.
Drafting Tips And Common Pitfalls
- Don’t try to exclude liability for death or personal injury caused by negligence - it’s void under UCTA.
- For consumers, be particularly cautious. Heavy-handed or unclear indemnities risk being unfair under the CRA and unenforceable.
- Be specific. Spell out the activity, risks covered, and any exclusions. Vague, catch-all language can backfire.
- Pair your indemnity with a rational liability framework (caps, carve-outs) rather than relying on indemnities alone.
- Ensure your safety rules are practical and actually implemented; they support your overall risk position.
- Get signatures from the right person - adults with capacity and authority. For minors, use parent/guardian signatures and consider additional safeguards.
- Make sure your indemnity sits within a complete set of terms, not as a loose page with no context. Many businesses integrate indemnities into their master contracts, booking terms, or hire agreements.
Related Legal Documents To Consider
Depending on your operations, an indemnity form is just one piece of your risk and compliance toolkit. You may also need:
- Waiver for activities with physical risk
- Service Agreement or Terms to set scope, payment, risk allocation and IP
- Limitation of liability wording that balances risk fairly
- Privacy Policy and associated consents if you collect personal data
- Deed of Guarantee and Indemnity if you need security from a director or parent entity
- Clear wording that respects UK Consumer Law when dealing with individuals
Key Takeaways
- An indemnity form template helps shift defined risks to the person best placed to control them, but it must be fair, specific and legally compliant.
- You can’t exclude liability for death or personal injury caused by negligence (UCTA), and consumer terms must be fair and transparent under the CRA.
- Spell out the activity, the risks covered, exclusions, claims-handling, safety rules and any insurance requirements.
- Use indemnities alongside a sensible limitation of liability framework, not as a stand-alone fix.
- If your form collects personal data, align it with your Privacy Policy and GDPR requirements.
- Tailor, train and review: adapt your template to each use case, train staff on rollout, and keep it updated as your business evolves.
If you’d like help drafting an indemnity form template that fits your activities and stays on the right side of UK law, you can reach us on 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.
