The Consent And Indemnity Form is essential for organizations operating in Australia that engage in activities requiring explicit participant consent and risk management. This document is typically used when organizations need to both obtain informed consent and protect themselves from potential liability claims. The form should be implemented when conducting activities that carry inherent risks, require participant acknowledgment, or involve specific permissions. It must comply with Australian federal and state legislation, including the Australian Consumer Law, relevant Civil Liability Acts, and state-specific requirements. The document typically includes detailed activity descriptions, risk disclosures, consent declarations, and indemnity provisions, making it suitable for various contexts from recreational activities to medical procedures.
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1. Parties: Identification of all parties involved, including the person/entity seeking consent and the person/entity providing consent and indemnity
2. Background: Context of the agreement, including the purpose and nature of the activities or services being consented to
3. Definitions: Clear explanations of key terms used throughout the document
4. Consent Provisions: Detailed description of what is being consented to, including specific activities, timeframes, and scope
5. Acknowledgment of Risks: Clear statement of risks associated with the activities being consented to
6. Indemnity Provisions: Specific terms of the indemnity, including scope, limitations, and obligations
7. Insurance Requirements: Details of any insurance requirements or coverage relevant to the indemnity
8. Governing Law: Specification of applicable jurisdiction and governing law
9. Execution: Signing provisions and declaration of understanding
1. Medical Disclosure: Required when the activities involve physical risks or medical considerations
2. Parent/Guardian Consent: Required when the person providing consent is under 18 or lacks capacity
3. Emergency Contact Information: Necessary when activities involve physical risks or take place over extended periods
4. Photography/Media Consent: Required when activities may involve photography or media recording
5. Confidentiality Provisions: Needed when sensitive information may be shared or accessed
6. Termination Rights: Optional section detailing how and when consent can be withdrawn
7. Special Conditions: For any specific requirements or conditions unique to the situation
1. Schedule 1 - Description of Activities: Detailed list and description of activities being consented to
2. Schedule 2 - Risk Disclosure: Comprehensive list of potential risks and hazards
3. Schedule 3 - Insurance Requirements: Specific details of required insurance coverage and limits
4. Appendix A - Emergency Procedures: Outline of emergency protocols and procedures where relevant
5. Appendix B - Medical Information Form: Template for collecting relevant medical information when required
Authors
Relevant legal definitions
Clauses
Relevant Industries
Education
Healthcare
Sports and Recreation
Entertainment
Tourism and Travel
Research and Development
Clinical Trials
Construction
Manufacturing
Event Management
Fitness and Wellness
Photography and Media
Adventure Tourism
Childcare Services
Professional Services
Relevant Teams
Legal
Risk Management
Compliance
Operations
Human Resources
Safety and Security
Event Management
Customer Relations
Clinical Operations
Research Administration
Project Management
Quality Assurance
Insurance Administration
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Event Coordinator
Safety Officer
Program Director
Facility Manager
Recreation Coordinator
Clinical Trial Manager
Research Director
Project Manager
Human Resources Manager
Activity Supervisor
Tour Guide
Insurance Coordinator
Medical Administrator
Sports Coach
Education Administrator
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