Liability Waiver Form Template for New Zealand

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Key Requirements PROMPT example:

Liability Waiver Form

"I need a Liability Waiver Form for my adventure tourism company in Queenstown, covering bungee jumping and skydiving activities, with special provisions for equipment usage and international tourists who may not be familiar with New Zealand's ACC system."

Document background
The Liability Waiver Form is a crucial legal document used in New Zealand business operations where activities carry inherent risks. This document type is essential for organizations providing services or activities where participants need to acknowledge and accept certain risks. The waiver must be carefully drafted to comply with New Zealand's unique legal framework, including the ACC scheme, Fair Trading Act, and Consumer Guarantees Act. While it cannot contract out of certain statutory obligations, a well-drafted Liability Waiver Form can provide significant protection for organizations while ensuring transparency for participants. The document is particularly relevant in the context of recreational activities, sports, adventure tourism, and other risk-involving services common in New Zealand's active outdoor culture.
Suggested Sections

1. Parties: Identification of the service provider/organization and the participant signing the waiver, including full legal names and contact details

2. Background: Brief context about the activity or service being provided and purpose of the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activity', 'Risk', 'Injury', and other relevant terms

4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activity

5. Participant Warranties: Statements confirming the participant's fitness, ability, and understanding of the risks

6. Waiver and Release: Core waiver language releasing the organization from liability, subject to New Zealand law limitations

7. ACC Acknowledgment: Recognition of New Zealand's ACC scheme and its application to potential injuries

8. Emergency Medical Authorization: Authorization for emergency medical treatment if required

9. Governing Law: Specification that the waiver is governed by New Zealand law

10. Execution: Signature blocks, date, and witness sections

Optional Sections

1. Photo/Media Release: Optional section for permission to use participant's image or recordings, useful for activities that may be photographed or recorded

2. Equipment Usage: Additional section when specific equipment is being used, detailing proper use and associated risks

3. Parent/Guardian Consent: Required when participants are minors or lack capacity to contract

4. Group Activities: Additional provisions for group or team activities where participant interaction creates additional risks

5. Medical History: Optional section for activities requiring disclosure of relevant medical conditions

6. Insurance Requirements: Section specifying any additional insurance requirements beyond ACC coverage

7. Confidentiality: Optional section for activities involving proprietary methods or sensitive information

Suggested Schedules

1. Schedule 1 - Activity Description: Detailed description of the specific activities covered by the waiver

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

3. Schedule 3 - Safety Rules: List of safety rules and protocols that must be followed

4. Schedule 4 - Emergency Procedures: Outline of emergency procedures and contact information

5. Appendix A - Equipment Checklist: List of required equipment and safety gear if applicable

6. Appendix B - Medical Information Form: Optional form for relevant medical information and emergency contacts

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

Sports and Recreation

Adventure Tourism

Fitness and Wellness

Education and Training

Entertainment

Event Management

Medical Services

Research and Development

Construction

Manufacturing

Transportation

Hospitality

Professional Services

Non-profit Organizations

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Safety and Security

Training and Development

Event Management

Facility Management

Program Management

Insurance Administration

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Safety Coordinator

Compliance Officer

Event Manager

Facility Manager

Activity Director

Customer Service Manager

Insurance Coordinator

Training Coordinator

Program Director

Business Owner

General Manager

Recreation Supervisor

Tour Guide

Fitness Instructor

Sports Coach

Industries
Contract and Commercial Law Act 2017: This Act provides the fundamental rules for contract formation, enforcement, and interpretation in New Zealand. It's essential for ensuring the waiver meets basic contractual requirements for validity.
Fair Trading Act 1986: This Act prohibits misleading and deceptive conduct in trade. The waiver must be transparent and cannot mislead participants about their rights. Certain consumer protections under this Act cannot be waived.
Consumer Guarantees Act 1993: This Act provides statutory guarantees for goods and services. While some provisions can be contracted out of in business contexts, consumer rights cannot be completely waived, particularly for personal, domestic, or household services.
Health and Safety at Work Act 2015: If the waiver relates to any business activity or workplace, this Act is relevant as it sets out non-delegable duties of care that cannot be waived through a liability waiver.
Accident Compensation Act 2001: This Act establishes New Zealand's no-fault accident compensation scheme (ACC). The waiver must acknowledge that personal injury claims are generally covered by ACC and cannot be sued for.
Contractual Mistakes Act 1977: This Act deals with the circumstances in which contracts may be invalidated due to mistakes. The waiver should be clear and unambiguous to prevent claims of contractual mistake.
Contractual Remedies Act 1979: This Act governs remedies for breach of contract and misrepresentation. The waiver must be carefully drafted to address potential remedies while remaining within legal bounds.
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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