The Waiver And Indemnity Form is a critical risk management tool commonly used in New Zealand business operations where activities involve inherent risks or potential liabilities. This document is particularly relevant in situations where participants engage in activities that carry certain risks, such as sports, adventure tourism, or specialized services. The form serves multiple purposes: it informs participants of potential risks, documents their acknowledgment of these risks, waives certain legal rights (where permissible under New Zealand law), and establishes an indemnification agreement. The document must be drafted in compliance with New Zealand legislation, including the Contract and Commercial Law Act 2017, the Fair Trading Act 1986, and the Consumer Guarantees Act 1993, ensuring that all waivers and indemnities are fair, reasonable, and legally enforceable.
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1. Parties: Identification of all parties involved in the waiver and indemnity agreement
2. Background: Context of the agreement, including the activity or situation to which the waiver applies
3. Definitions: Key terms used throughout the document defined for clarity
4. Acknowledgment of Risks: Detailed description of risks being assumed by the signing party
5. Waiver and Release: Express waiver of rights and release of liability
6. Indemnification: Agreement to indemnify and hold harmless the released party
7. Insurance: Statement regarding any insurance requirements or coverage
8. Governing Law: Specification that New Zealand law governs the agreement
9. Execution: Signature blocks and execution requirements
1. Medical Authorization: Authorization for emergency medical treatment, used when the waiver relates to physical activities or events
2. Photo/Media Release: Permission to use photographs or media, included when the activity may involve documentation or publicity
3. Parent/Guardian Consent: Additional section required when the participant is a minor
4. Severability: Clause stating that if any portion is invalid, the remainder stays in effect - used in more comprehensive agreements
5. Term and Termination: Include when the waiver applies to ongoing activities rather than a one-time event
6. Dispute Resolution: Alternative dispute resolution procedures, recommended for higher-risk activities
1. Schedule 1 - Description of Activities: Detailed list of activities covered by the waiver and indemnity
2. Schedule 2 - Specific Risks: Comprehensive list of risks associated with the activities
3. Schedule 3 - Safety Procedures: Required safety protocols and procedures
4. Appendix A - Emergency Contact Information: Form for emergency contact details
5. Appendix B - Medical Information: Optional form for relevant medical information when activities involve physical risk
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education
Tourism and Hospitality
Entertainment
Adventure Tourism
Healthcare
Fitness and Wellness
Construction
Manufacturing
Events and Conferences
Transportation
Property Management
Relevant Teams
Legal
Risk Management
Operations
Compliance
Safety and Security
Event Management
Human Resources
Customer Service
Administration
Field Operations
Relevant Roles
Risk Manager
Legal Counsel
Operations Manager
Event Coordinator
Safety Officer
Compliance Manager
Business Owner
Facility Manager
Program Director
Adventure Guide
Sports Coach
Tour Operator
Human Resources Manager
General Manager
Contract Administrator
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