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Limited Liability Waiver for Australia

Limited Liability Waiver Template for Australia

A Limited Liability Waiver document designed for use in Australia, compliant with Australian Consumer Law and relevant state/territory legislation. This agreement establishes the terms under which a party agrees to waive certain rights to legal claims against another party, while preserving non-excludable guarantees under Australian law. The document includes comprehensive risk acknowledgments, clear waiver provisions, and specific carve-outs for mandatory consumer protections, making it suitable for various business activities and services where risk management is essential.

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Limited Liability Waiver

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What is a Limited Liability Waiver?

The Limited Liability Waiver is a crucial legal document used in Australian business operations where activities or services involve inherent risks. This document is designed to protect businesses and service providers by obtaining informed consent from participants or customers who acknowledge and accept certain risks. The waiver must comply with Australian Consumer Law, particularly regarding non-excludable consumer guarantees, and relevant state/territory civil liability legislation. It is commonly used in recreational activities, sports facilities, adventure tourism, and other sectors where risk management is essential. The document includes clear risk disclosures, explicit waiver provisions, and appropriate carve-outs for mandatory legal protections, while being carefully drafted to maintain enforceability under Australian law.

What sections should be included in a Limited Liability Waiver?

1. Parties: Identifies and defines the parties to the waiver agreement

2. Background: Provides context and purpose of the waiver

3. Definitions: Defines key terms used throughout the document

4. Acknowledgment of Risks: Clearly outlines the risks being assumed by the releasing party

5. Waiver and Release: Core section detailing the scope of liability being waived

6. Non-Excludable Guarantees: Addresses mandatory consumer guarantees under Australian Consumer Law that cannot be excluded

7. Indemnification: Details the indemnification obligations of the releasing party

8. Term and Termination: Specifies the duration and any termination provisions of the waiver

9. Governing Law: Specifies Australian law as governing law and jurisdiction

10. Execution: Formal execution provisions and signature blocks

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

1. Special Conditions: Used when specific conditions or requirements apply to the waiver

2. Insurance: Include when insurance requirements need to be specified

3. Medical Release: Required for activities involving physical risk or potential medical emergencies

4. Parent/Guardian Consent: Required when the releasing party includes minors

5. Intellectual Property: Include when the activities involve creation or use of intellectual property

6. Confidentiality: Include when confidential information may be exposed during the activities

7. Emergency Contact: Include for high-risk activities or events requiring emergency contact information

What schedules should be included in a Limited Liability Waiver?

1. Schedule 1 - Description of Activities: Detailed description of activities or services covered by the waiver

2. Schedule 2 - Specific Risks: Comprehensive list of specific risks being waived

3. Schedule 3 - Safety Procedures: Details of safety procedures and requirements

4. Schedule 4 - Insurance Requirements: Specific insurance requirements and coverage details

5. Appendix A - Emergency Procedures: Emergency protocols and procedures

6. Appendix B - Incident Report Form: Template for reporting any incidents or accidents

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Cost

Free to use
Relevant legal definitions

































Clauses
























Relevant Industries

Sports and Recreation

Entertainment

Tourism

Adventure Tourism

Fitness and Wellness

Education and Training

Events Management

Hospitality

Retail

Construction

Manufacturing

Healthcare

Professional Services

Transport and Logistics

Community Services

Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Service

Administration

Safety and Security

Insurance

Facilities Management

Business Development

Corporate Services

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Business Owner

Event Coordinator

Safety Officer

Facility Manager

Program Director

Activities Coordinator

Customer Service Manager

Contract Administrator

Insurance Manager

General Manager

Chief Operating Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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