This General Liability Waiver is essential for businesses and organizations operating in New Zealand that provide services or activities with inherent risks. It serves as a risk management tool by clearly documenting that participants understand and accept the risks involved in specific activities. The document is structured to comply with New Zealand legal requirements, including considerations under the Contract and Commercial Law Act 2017, and includes provisions that cannot be contracted out of under the Consumer Guarantees Act. It's particularly valuable for adventure tourism, sports facilities, educational institutions, and event organizers who need to manage their liability exposure while maintaining transparent communication with participants about potential risks.
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1. Parties: Identifies and provides full details of all parties to the waiver, including the party providing the waiver and the party being released from liability
2. Background: Explains the context and purpose of the waiver, including the activities or services involved
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Acknowledgment of Risks: Details the risks that the signing party acknowledges and understands
5. Waiver and Release: The core section containing the actual waiver language and scope of liability release
6. Exclusions: Specifies what is not covered by the waiver, including statutory rights that cannot be waived under NZ law
7. Indemnification: Contains provisions where the signing party agrees to indemnify the released party against certain claims
8. Duration: Specifies how long the waiver remains in effect
9. Governing Law: Confirms that New Zealand law governs the waiver and its interpretation
10. Execution: Signature block and execution requirements
1. Medical Authorization: Optional section for activities where medical treatment might be needed, authorizing emergency medical care
2. Photography Release: Optional section for events or activities where photographs or videos might be taken
3. Parent/Guardian Consent: Required when the participant is under 18 or lacks capacity to contract
4. Insurance: Optional section detailing any insurance requirements or recommendations
5. Severability: Optional clause stating that if any portion is found invalid, the remainder stays in effect
6. Dispute Resolution: Optional section outlining process for handling disputes, including mediation or arbitration procedures
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 associated with the activities
3. Schedule 3 - Safety Procedures: Required safety procedures or protocols that must be followed
4. Appendix A - Emergency Contact Form: Form for participant's emergency contact information
5. Appendix B - Medical Information Form: Optional form for relevant medical information if activity requires it
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Tourism and Hospitality
Education and Training
Fitness and Wellness
Adventure Tourism
Events and Conferences
Retail
Property Management
Community Services
Relevant Teams
Legal
Risk Management
Operations
Customer Service
Health and Safety
Compliance
Administration
Front Desk
Events
Recreation
Relevant Roles
Risk Manager
Legal Counsel
Operations Manager
Event Coordinator
Facility Manager
Recreation Director
Safety Officer
Compliance Manager
Business Owner
Activities Coordinator
Customer Service Manager
Program Director
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