Company Liability Waiver Template for New Zealand

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Key Requirements PROMPT example:

Company Liability Waiver

"I need a Company Liability Waiver for my adventure tourism business in Auckland that offers rock climbing and kayaking experiences, with specific coverage for equipment use and weather-related risks, to be implemented by March 2025."

Document background
The Company Liability Waiver is a crucial legal document for businesses operating in New Zealand that engage in activities or provide services with inherent risks. It serves as a risk management tool by clearly outlining the potential hazards associated with activities and obtaining participants' informed consent to proceed despite these risks. The document must be carefully drafted to comply with New Zealand's legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993. While certain liabilities cannot be waived under New Zealand law, this document helps establish clear boundaries of responsibility and provides important legal protection for businesses while ensuring transparency for participants.
Suggested Sections

1. Parties: Identification of the company providing the waiver and the party accepting it, including full legal names and contact details

2. Background: Context of the waiver, nature of activities or services covered, and general purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the waiver, including 'Liability', 'Claims', 'Services', and 'Loss'

4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activities or services

5. Waiver and Release: Core waiver provisions detailing what liability is being released and the extent of the release

6. Indemnification: Provisions regarding the indemnification of the company by the accepting party

7. Exceptions to Waiver: Clear statement of what cannot be waived under NZ law, including statutory guarantees and gross negligence

8. Term and Survival: Duration of the waiver and which provisions survive termination

9. Governing Law: Specification of New Zealand law as governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Medical Release: Include when activities involve physical risks or potential medical emergencies

2. Photography and Media Release: Include when activities may involve photography or video recording

3. Insurance Requirements: Include when specific insurance coverage is required from either party

4. Emergency Contact Information: Include for high-risk activities or where emergency contacts might be needed

5. Severability: Include when there's a need to ensure remaining provisions survive if some are found invalid

6. Dispute Resolution: Include when specific dispute resolution procedures are desired before litigation

7. Electronic Signatures: Include when the waiver may be executed electronically

Suggested Schedules

1. Schedule 1: Description of Activities: Detailed list and description of activities or services covered by the waiver

2. Schedule 2: Specific Risks: Comprehensive list of specific risks associated with each activity

3. Schedule 3: Safety Procedures: Required safety procedures and protocols that must be followed

4. Appendix A: Emergency Procedures: Detailed emergency procedures and contact information

5. Appendix B: Insurance Requirements: Specific insurance requirements and coverage details if applicable

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

Relevant Industries

Adventure Tourism

Sports and Recreation

Fitness and Wellness

Entertainment

Education and Training

Events Management

Construction

Professional Services

Manufacturing

Retail

Healthcare

Transportation

Technology Services

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Operations

Customer Service

Health and Safety

Administration

Corporate Governance

Human Resources

Quality Assurance

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Business Owner

General Manager

Safety Coordinator

Customer Service Manager

Contract Administrator

Chief Operations Officer

Chief Legal Officer

Company Secretary

Managing Director

HR Manager

Quality Assurance Manager

Industries
Contract and Commercial Law Act 2017: This is the primary legislation governing contract formation, validity, and enforcement in New Zealand. It provides the fundamental framework for creating legally binding agreements and sets out rules for contract interpretation.
Fair Trading Act 1986: This Act prohibits misleading and deceptive conduct in trade. Any liability waiver must not contain misleading statements and must be clear and transparent in its terms.
Consumer Guarantees Act 1993: This Act provides statutory guarantees for consumer goods and services. Important to note that these guarantees cannot be contracted out of in consumer transactions, limiting what can be included in a liability waiver.
Health and Safety at Work Act 2015: If the waiver relates to workplace activities or services, this Act sets out non-negotiable obligations that cannot be waived, particularly regarding duty of care to workers and others.
Contractual Mistakes Act 1977: This Act deals with the circumstances in which contracts may be invalidated due to mistakes. Relevant for ensuring the waiver is clearly understood and properly agreed to by all parties.
Contractual Remedies Act 1979: This Act governs remedies for breach of contract and misrepresentation, which is crucial for understanding what remedies can and cannot be waived.
New Zealand Bill of Rights Act 1990: While primarily applying to government actions, this Act can influence the interpretation of private contracts and what rights can legitimately be waived.
Privacy Act 2020: If the waiver involves collecting or handling personal information, compliance with privacy principles must be maintained and cannot be waived.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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