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Consulting Liability Waiver Template for New Zealand

A comprehensive legal document governed by New Zealand law that establishes limitations on a consultant's liability while providing professional services. This document outlines the scope of liability limitations, acknowledges inherent risks in consulting services, and sets clear boundaries for professional responsibility. It incorporates key provisions compliant with New Zealand's Contract and Commercial Law Act 2017, Fair Trading Act 1986, and other relevant legislation, while maintaining fairness and transparency in professional relationships. The document balances the consultant's need for protection against unreasonable liability with the client's rights under New Zealand law.

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What is a Consulting Liability Waiver?

The Consulting Liability Waiver serves as a critical risk management tool for consultants and consulting firms operating in New Zealand. This document is essential when providing professional advice, recommendations, or services where the consultant needs to limit their exposure to potential claims while maintaining compliance with New Zealand law. It is particularly relevant in situations where consultants make recommendations that may impact significant business decisions or operations. The waiver addresses various aspects of liability limitation, including but not limited to financial losses, implementation risks, and third-party claims, while ensuring compliance with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. This document should be implemented at the outset of any consulting engagement where the scope of work involves significant decision-making influence or high-value recommendations.

What sections should be included in a Consulting Liability Waiver?

1. Parties: Identifies the consultant and the client, including full legal names, addresses, and any relevant registration numbers

2. Background: Sets out the context of the consulting relationship and the purpose of the liability waiver

3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation

4. Scope of Services: Outlines the general nature of consulting services covered by the waiver

5. Acknowledgment of Risks: Client's acknowledgment of inherent risks in consulting services and decision-making

6. Limitation of Liability: Core waiver provisions detailing the extent and nature of liability limitations

7. Exclusions from Waiver: Specifies what cannot be waived under NZ law (e.g., gross negligence, willful misconduct)

8. Indemnification: Client's agreement to indemnify consultant for certain claims or losses

9. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Consulting Liability Waiver?

1. Insurance: Details of professional indemnity insurance when the consultant carries specific coverage

2. Confidentiality: Additional confidentiality provisions when sensitive information is involved

3. Intellectual Property: IP provisions when consulting work may involve creation or use of intellectual property

4. Term and Termination: Include when the waiver is tied to a specific time period or project

5. Dispute Resolution: Detailed dispute resolution procedures when parties want to specify mediation or arbitration processes

6. Force Majeure: Include when services might be affected by events beyond reasonable control

7. Assignment: Include when either party might need to transfer rights or obligations

What schedules should be included in a Consulting Liability Waiver?

1. Schedule 1 - Specific Services: Detailed description of consulting services covered by the waiver

2. Schedule 2 - Fee Schedule: If relevant, details of consulting fees and payment terms

3. Schedule 3 - Specific Limitations: Detailed breakdown of specific activities or areas where liability is limited

4. Appendix A - Insurance Certificates: Copies of relevant insurance certificates if referenced in the waiver

5. Appendix B - Professional Qualifications: Documentation of consultant's qualifications if relevant to the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use

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