This Liability Form template is designed for use in New Zealand business operations where risk management and liability allocation need to be clearly documented and agreed upon between parties. The document is particularly relevant for activities or services that carry inherent risks and require explicit acknowledgment and acceptance by participants. It incorporates key elements required under New Zealand law, including compliance with the Fair Trading Act 1986 and Consumer Guarantees Act 1993, while providing comprehensive protection for service providers. The form is structured to clearly communicate risks, establish waivers within legal boundaries, and document informed consent, making it suitable for various business contexts from adventure tourism to professional services.
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1. Parties: Identification of all parties involved, including full legal names and contact details
2. Background: Context of the activity or service for which liability is being addressed
3. Definitions: Clear definitions of key terms used throughout the form
4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activity or service
5. Assumption of Risk: Statement of voluntary assumption of risks by the signing party
6. Waiver and Release: Explicit waiver of liability and release of claims, subject to New Zealand law
7. Indemnification: Agreement to indemnify the released party against claims
8. Medical Authorization: Authorization for emergency medical treatment if necessary
9. Governing Law: Specification of New Zealand law as governing law and jurisdiction
10. Declaration: Confirmation that the signing party has read, understood, and agrees to the terms
1. Photo/Video Release: Optional section for authorization to use photographs or videos, relevant when activities may be documented
2. Insurance Requirements: Details of required insurance coverage, relevant when specific insurance is needed
3. Equipment Usage: Terms regarding use of equipment, relevant when equipment is provided
4. Group Activities: Additional terms for group participation, relevant when activity involves multiple participants
5. Parent/Guardian Consent: Consent section for minors, required when participants are under 18
6. COVID-19 Provisions: Specific provisions related to pandemic risks, relevant during public health concerns
7. Intellectual Property: IP-related provisions, relevant when activity involves creative or technical work
1. Schedule 1 - Risk Disclosure: Detailed list of specific risks and hazards associated with the activity
2. Schedule 2 - Safety Procedures: Outline of safety protocols and procedures to be followed
3. Schedule 3 - Emergency Contacts: List of emergency contact information and procedures
4. Appendix A - Medical Information Form: Form for participant's relevant medical information
5. Appendix B - Equipment Checklist: List of required or provided equipment and their condition
6. Appendix C - Incident Report Form: Template for reporting any incidents or accidents
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Event Management
Education and Training
Healthcare Services
Fitness and Wellness
Construction
Professional Services
Manufacturing
Retail
Transportation
Entertainment
Technology Services
Relevant Teams
Legal
Risk Management
Operations
Health and Safety
Compliance
Human Resources
Customer Relations
Training and Development
Events Management
Facilities Management
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Safety Officer
Compliance Manager
Business Owner
Event Coordinator
Program Director
Facility Manager
Human Resources Manager
Activities Instructor
Training Coordinator
Client Relations Manager
Tour Guide
Service Provider
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