The Company Liability Waiver is a crucial legal document for businesses operating in New Zealand that engage in activities or provide services with inherent risks. It serves as a risk management tool by clearly outlining the potential hazards associated with activities and obtaining participants' informed consent to proceed despite these risks. The document must be carefully drafted to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993. While certain liabilities cannot be waived under New Zealand law, this document helps establish clear boundaries of responsibility and provides important legal protection for businesses while ensuring transparency for participants.
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1. Parties: Identification of the company providing the waiver and the party accepting it, including full legal names and contact details
2. Background: Context of the waiver, nature of activities or services covered, and general purpose of the agreement
3. Definitions: Clear definitions of key terms used throughout the waiver, including 'Liability', 'Claims', 'Services', and 'Loss'
4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activities or services
5. Waiver and Release: Core waiver provisions detailing what liability is being released and the extent of the release
6. Indemnification: Provisions regarding the indemnification of the company by the accepting party
7. Exceptions to Waiver: Clear statement of what cannot be waived under NZ law, including statutory guarantees and gross negligence
8. Term and Survival: Duration of the waiver and which provisions survive termination
9. Governing Law: Specification of New Zealand law as governing law and jurisdiction
10. Execution: Signature blocks and execution requirements
1. Medical Release: Include when activities involve physical risks or potential medical emergencies
2. Photography and Media Release: Include when activities may involve photography or video recording
3. Insurance Requirements: Include when specific insurance coverage is required from either party
4. Emergency Contact Information: Include for high-risk activities or where emergency contacts might be needed
5. Severability: Include when there's a need to ensure remaining provisions survive if some are found invalid
6. Dispute Resolution: Include when specific dispute resolution procedures are desired before litigation
7. Electronic Signatures: Include when the waiver may be executed electronically
1. Schedule 1: Description of Activities: Detailed list and description of activities or services covered by the waiver
2. Schedule 2: Specific Risks: Comprehensive list of specific risks associated with each activity
3. Schedule 3: Safety Procedures: Required safety procedures and protocols that must be followed
4. Appendix A: Emergency Procedures: Detailed emergency procedures and contact information
5. Appendix B: Insurance Requirements: Specific insurance requirements and coverage details if applicable
Relevant legal definitions
Clauses
Relevant Industries
Adventure Tourism
Sports and Recreation
Fitness and Wellness
Entertainment
Education and Training
Events Management
Construction
Professional Services
Manufacturing
Retail
Healthcare
Transportation
Technology Services
Hospitality
Relevant Teams
Legal
Risk Management
Compliance
Operations
Customer Service
Health and Safety
Administration
Corporate Governance
Human Resources
Quality Assurance
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Business Owner
General Manager
Safety Coordinator
Customer Service Manager
Contract Administrator
Chief Operations Officer
Chief Legal Officer
Company Secretary
Managing Director
HR Manager
Quality Assurance Manager
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