Product Liability Release Template for Australia

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Key Requirements PROMPT example:

Product Liability Release

"I need a Product Liability Release agreement for my new fitness equipment product line launching in March 2025, compliant with Australian law and including specific provisions for gym owners and personal trainers who will be using the equipment commercially."

Document background

The Product Liability Release is a crucial legal document used in Australian business operations to manage and allocate risk related to product usage and potential claims. This document is essential when introducing new products to the market, particularly those with inherent risks or specific usage requirements. It must comply with the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010) and relevant state legislation, ensuring that while businesses protect their interests, they do not contravene mandatory consumer guarantees. The agreement is particularly important for manufacturers, suppliers, and retailers who need to manage their exposure to product liability claims while maintaining transparent communication with their customers about product risks and limitations.

Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including the business/manufacturer/supplier and the customer/user

2. Background: Context of the agreement, nature of the product, and general purpose of the release

3. Definitions: Definitions of key terms used throughout the agreement, including 'Product', 'Liability', 'Claims', and 'Loss'

4. Product Description: Detailed description of the product(s) covered by the release, including model numbers, specifications, and intended use

5. Acknowledgments: Customer acknowledgments regarding product inspection, understanding of risks, and voluntary acceptance

6. Release and Waiver: Core release provisions, clearly stating what liability is being released, subject to non-excludable guarantees

7. Australian Consumer Law: Mandatory section addressing consumer guarantees and non-excludable rights under the ACL

8. Indemnification: Customer's agreement to indemnify the business for certain losses or claims

9. Term and Survival: Duration of the release and which provisions survive termination

10. Governing Law: Specification of Australian law and jurisdiction

11. Execution: Signature blocks and execution details

Optional Sections

1. Risk Warnings: Specific warnings about product risks - include for high-risk products or when enhanced warning obligations exist

2. Insurance: Insurance requirements and arrangements - include when specific insurance coverage is required

3. International Use: Additional provisions for international use of products - include for products that may be used outside Australia

4. Third Party Rights: Provisions regarding third party users or beneficiaries - include when products may be used by persons other than the direct purchaser

5. Dispute Resolution: Detailed dispute resolution procedures - include for high-value products or complex relationships

6. Severability: Provisions for severing invalid terms - include when agreement is particularly complex or covers multiple jurisdictions

Suggested Schedules

1. Schedule 1 - Product Specifications: Detailed technical specifications and descriptions of the covered products

2. Schedule 2 - Known Risks: Comprehensive list of known or foreseeable risks associated with the product

3. Schedule 3 - Safety Instructions: Detailed safety instructions and proper use guidelines

4. Appendix A - Warranty Terms: Terms of any warranty provided, clearly distinguished from the liability release

5. Appendix B - Incident Report Form: Standard form for reporting any incidents or issues with the product

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Manufacturing

Retail

Consumer Goods

Industrial Equipment

Medical Devices

Automotive

Electronics

Sports and Recreation

Food and Beverage

Construction Materials

Chemical Products

Children's Products

Fitness Equipment

Professional Tools

Home Appliances

Relevant Teams

Legal

Risk Management

Compliance

Product Development

Quality Assurance

Operations

Sales

Customer Service

Safety and Regulations

Manufacturing

Supply Chain

Business Development

Contract Administration

Relevant Roles

Legal Counsel

Risk Manager

Product Manager

Compliance Officer

Quality Assurance Manager

Operations Director

Sales Manager

Customer Service Manager

Safety Officer

Product Development Manager

Manufacturing Manager

Supply Chain Manager

Business Development Manager

Contract Administrator

General Manager

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Employer Release Of Liability

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Let's create your Product Liability Release

Authors

Alex Denne

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