Indemnification Waiver Template for New Zealand

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Key Requirements PROMPT example:

Indemnification Waiver

"I need an Indemnification Waiver for my adventure tourism company in Queenstown that offers bungee jumping and skydiving experiences, with specific coverage for international tourists and comprehensive risk acknowledgment sections."

Document background

This Indemnification Waiver template is designed for use in New Zealand business and consumer contexts where one party seeks to limit their liability and obtain indemnification from another party. The document is particularly relevant for activities or services involving inherent risks, where clear documentation of risk assumption is crucial. It includes comprehensive provisions addressing risk acknowledgment, scope of waiver, and indemnification terms, while ensuring compliance with New Zealand's consumer protection laws and contract law principles. The template is structured to be adaptable for various business contexts while maintaining enforceability under New Zealand jurisdiction, incorporating requirements from relevant legislation including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986.

Suggested Sections

1. Parties: Identifies and defines all parties to the waiver agreement, including full legal names and addresses

2. Background: Explains the context and purpose of the waiver, including the relationship between the parties and the general nature of the activities or circumstances covered

3. Definitions: Defines key terms used throughout the document for clarity and legal certainty

4. Scope of Waiver: Clearly outlines what rights, claims, and legal actions are being waived

5. Acknowledgment of Risks: Details the risks being assumed by the waiving party and confirms their understanding of these risks

6. Indemnification Provisions: Specifies the extent of indemnification and who is being indemnified against what types of claims or losses

7. Exceptions and Limitations: Outlines what is not covered by the waiver, including non-waivable statutory rights

8. Duration and Survival: Specifies how long the waiver remains in effect and which provisions survive termination

9. Governing Law: Confirms New Zealand law as governing law and specifies jurisdiction for disputes

10. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Emergency Contact Information: Required when the waiver relates to physical activities or events where emergency contacts might be needed

2. Insurance Requirements: Included when specific insurance coverage is required by either party

3. Medical Disclosure: Necessary when the waiver relates to activities where medical conditions are relevant

4. Dispute Resolution: Optional detailed dispute resolution procedures beyond standard court jurisdiction

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

6. Assignment: Required when transfer of rights under the waiver needs to be addressed

7. Photo/Media Release: Included when activities might involve photography or media recording

Suggested Schedules

1. Schedule 1 - Specific Activities: Detailed list of activities or circumstances covered by the waiver

2. Schedule 2 - Risk Disclosure: Comprehensive list of specific risks being acknowledged and waived

3. Schedule 3 - Safety Procedures: Required safety protocols or procedures relevant to the waiver

4. Appendix A - Participant Information Form: Form for collecting relevant participant information and emergency contacts

5. Appendix B - Medical Disclosure Form: Form for relevant medical information when applicable

6. Appendix C - Insurance Requirements: Detailed insurance requirements and minimum coverage levels when 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Entertainment

Education

Healthcare

Construction

Professional Services

Tourism and Hospitality

Adventure Tourism

Fitness and Wellness

Events Management

Manufacturing

Property Management

Technology Services

Transport and Logistics

Relevant Teams

Legal

Risk Management

Compliance

Operations

Events

Facility Management

Administration

Health and Safety

Insurance

Corporate Services

Project Management

Human Resources

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Event Coordinator

Facility Manager

Business Owner

Contract Administrator

Safety Officer

Insurance Manager

General Manager

Project Manager

Human Resources Director

Corporate Secretary

Chief Legal Officer

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