The Liability Release Statement is a crucial legal document used in New Zealand business and recreational contexts where one party wishes to be released from potential liability claims by another party. This document is particularly important in situations involving inherent risks, such as sporting events, adventure activities, or professional services. The statement must be carefully drafted to comply with New Zealand's unique legal framework, including the ACC scheme, which affects personal injury claims, and consumer protection laws that cannot be contracted out of. The document serves to clearly communicate risks, obtain informed consent, and establish legally binding releases while maintaining compliance with New Zealand contract law and consumer rights legislation.
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1. Parties: Identifies and defines all parties involved - both the releasor (person giving up rights) and releasee (person being released from liability)
2. Background: Explains the context and purpose of the release, including the activity or circumstance giving rise to the need for the release
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Acknowledgment of Risks: Details the risks that the releasor acknowledges and understands
5. Release Statement: The core liability release clause, specifically outlining what liabilities are being released
6. Exceptions and Limitations: Specifies what is not covered by the release, including statutory rights that cannot be waived under NZ law
7. Duration and Jurisdiction: Specifies how long the release remains valid and confirms New Zealand law governs the agreement
8. Declaration and Execution: Contains the signing provisions and declarations of understanding by the releasor
1. Medical Authorization: Optional section authorizing emergency medical treatment - used when the release relates to physical activities or events
2. Photo/Media Release: Optional section for releasing rights to use photographs or recordings - included when activities may be documented
3. Insurance Requirements: Optional section specifying insurance obligations - used in commercial or high-risk contexts
4. Parent/Guardian Consent: Optional section for when the releasor is under 18 or lacks capacity - included when minors are involved
5. Indemnification: Optional section where releasor agrees to indemnify releasee - used in higher-risk commercial contexts
1. Schedule 1 - Specific Risks: Detailed list of specific risks associated with the activity or circumstance
2. Schedule 2 - Safety Procedures: Outline of safety procedures and protocols that will be followed
3. Schedule 3 - Equipment List: List of equipment involved and its condition (if relevant to the release)
4. Appendix A - Emergency Contacts: Emergency contact information for relevant parties
5. Appendix B - Venue/Location Details: Details of where the activity will take place (if location-specific)
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