This Liability Waiver template is designed for use in New Zealand business contexts where organizations need to manage legal risks associated with participant activities. The document is particularly crucial for businesses offering services or activities that carry inherent risks, requiring formal acknowledgment from participants. It has been developed to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Consumer Guarantees Act 1993, and the unique considerations of the ACC scheme. The waiver includes essential elements such as clear risk disclosure, explicit terms of release, and necessary acknowledgments, while maintaining plain language requirements under New Zealand law. This document is commonly used in adventure tourism, sports facilities, educational institutions, and other sectors where formal risk acknowledgment is necessary for operational and legal protection.
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1. Parties: Identifies all parties to the waiver, including full legal names and contact details of both the party seeking the waiver and the party giving it
2. Background: Explains the context of the waiver, including the activity or service being provided and general purpose of the document
3. Definitions: Defines key terms used throughout the document, including 'Activities', 'Liability', 'Claims', and other relevant terms
4. Acknowledgment of Risks: Clearly outlines all potential risks associated with the activity that the participant acknowledges and understands
5. Waiver and Release: The core section detailing what liability is being waived, to what extent, and under what circumstances
6. Indemnification: Participant's agreement to indemnify the provider against claims arising from their participation
7. Medical Authorization: Authorization for emergency medical treatment if needed during the activity
8. Governing Law: Specifies that New Zealand law governs the waiver and its interpretation
9. Execution: Signature blocks, date, and witness provisions if required
1. Parent/Guardian Consent: Required when the participant is under 18 or lacks capacity to contract
2. Equipment Use: Include when the activity involves use of specific equipment or facilities
3. Photo/Video Release: Optional section for when the provider wishes to use photos or videos of participants
4. Health Declarations: For activities where specific health conditions might increase risk
5. Insurance Acknowledgment: Details about insurance coverage and limitations, particularly relevant given NZ's ACC scheme
6. Severability Clause: Optional legal provision stating that if one part of the waiver is found unenforceable, the rest remains valid
1. Schedule 1 - Description of Activities: Detailed list and description of all activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with each activity
3. Schedule 3 - Safety Rules and Protocols: List of safety rules, protocols, and procedures that participants must follow
4. Appendix A - Emergency Contact Form: Form for participant's emergency contact information and relevant medical information
5. Appendix B - Equipment Checklist: List of required equipment and its proper use, if applicable
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