The Indemnity Waiver serves as a critical risk management tool for businesses and organizations operating in New Zealand. It is designed to protect service providers, facility owners, and event organizers from potential claims while ensuring participants are fully informed of inherent risks. The document is particularly valuable in situations involving physical activities, property use, or services where specific risks need to be acknowledged and accepted by participants. The waiver must be carefully drafted to comply with New Zealand legislation, including the Consumer Guarantees Act 1993 and the Accident Compensation Act 2001, which limit what rights can be waived. It includes comprehensive risk acknowledgment, clear waiver provisions, and specific indemnification terms while maintaining transparency and fairness in accordance with the Fair Trading Act 1986.
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1. Parties: Identification of the party providing the waiver (releasor) and the party receiving the waiver (releasee), including full legal names and contact details
2. Background: Context of the waiver, including the activity or relationship giving rise to the need for the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Claims', 'Liability', 'Indemnified Parties', and specific activity-related terms
4. Risk Acknowledgment: Explicit acknowledgment of risks associated with the activity or situation
5. Waiver and Release: Core waiver provisions detailing what rights are being waived and the scope of the release
6. Indemnification: Specific terms of indemnification, including what losses or claims are covered
7. Statutory Compliance: Acknowledgment of relevant legislation and statutory rights that cannot be waived
8. Duration: Period for which the waiver remains effective
9. Governing Law: Confirmation that New Zealand law governs the waiver
10. Execution: Signature blocks and execution requirements
1. Emergency Contact Information: Required for activities involving physical risk or sporting events
2. Medical Disclosure: Relevant for activities where medical conditions could affect safety
3. Insurance Requirements: Needed when specific insurance coverage is required for participation
4. Photo/Media Release: Used when activities may involve photography or media recording
5. Equipment Usage: Required when specific equipment or facilities are involved
6. Participant Conduct: Relevant for group activities or events with specific behavior requirements
7. Termination Rights: Include when the waiver needs provisions for early termination
8. Assignment: Required when transfer of rights needs to be addressed
1. Schedule 1 - Specific Risks: Detailed list of risks associated with the activity or situation
2. Schedule 2 - Activity Description: Detailed description of activities covered by the waiver
3. Schedule 3 - Safety Procedures: Required safety protocols and procedures
4. Appendix A - Emergency Procedures: Emergency response protocols and contact information
5. Appendix B - Facility Rules: Specific rules and requirements for facility usage, if applicable
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education
Entertainment
Tourism and Hospitality
Property Management
Construction
Events Management
Fitness and Wellness
Adventure Tourism
Equipment Rental
Healthcare
Childcare
Professional Services
Real Estate
Transportation
Relevant Teams
Legal
Risk Management
Operations
Compliance
Health and Safety
Customer Service
Facilities Management
Events Management
Program Management
Client Relations
Relevant Roles
Risk Manager
Legal Counsel
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Compliance Manager
Business Owner
Program Director
Recreation Supervisor
Property Manager
Athletic Director
Tour Guide
Fitness Instructor
Camp Director
Adventure Sports Instructor
Client Services Manager
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