Simple Waiver Of Liability Form Template for New Zealand

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Key Requirements PROMPT example:

Simple Waiver Of Liability Form

"I need a Simple Waiver of Liability Form for my new outdoor adventure company in Auckland, focusing on rock climbing activities, that will cover both adult participants and minors (with parental consent), and include specific provisions for equipment usage and emergency medical treatment."

Document background
The Simple Waiver Of Liability Form is a crucial risk management tool used across various sectors in New Zealand. This document is essential when businesses or organizations offer activities or services that carry inherent risks, requiring participants to acknowledge these risks and waive certain legal rights. The form must comply with New Zealand's legal framework, including the Fair Trading Act 1986, Consumer Guarantees Act 1993, and relevant common law principles. While it cannot waive all rights (particularly those protected by statute), it serves as a important protection mechanism for service providers while ensuring participants are fully informed of the risks they are accepting. The document typically includes risk acknowledgments, liability releases, and emergency provisions, structured to be both legally robust and easily understood by the general public.
Suggested Sections

1. Parties: Identification of the parties: the person/entity being released from liability and the person waiving their rights

2. Background: Brief context about the activities or services being provided and why a waiver is needed

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Liability', and 'Claims'

4. Acknowledgment of Risks: Clear statement of the risks involved in the activity that the participant acknowledges and understands

5. Waiver and Release: The core waiver language where the participant agrees to waive their rights to sue and release the provider from liability

6. Exceptions to Waiver: Statement of what cannot be waived under New Zealand law (e.g., gross negligence, statutory guarantees)

7. Indemnification: Participant's agreement to indemnify the provider against any claims arising from their participation

8. Execution: Signature blocks, date, and witness provisions

Optional Sections

1. Medical Authorization: Authorization for emergency medical treatment - include when activities involve physical risks or are conducted in remote locations

2. Parent/Guardian Consent: Additional section required when the participant is under 18 or lacks capacity to contract

3. Photo/Media Release: Optional release for use of photographs or recordings - include when activities might be photographed or recorded

4. Insurance Declaration: Participant's acknowledgment of their own insurance status - include for high-risk activities

5. Governing Law: Specific jurisdiction clause - include when activities might cross regional boundaries

6. Severability Clause: Provision stating that if any part of the waiver is found invalid, the rest remains in effect - include in more complex waivers

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list of activities covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities

3. Appendix 1 - Safety Procedures: Optional appendix detailing safety procedures and guidelines

4. Appendix 2 - Emergency Contacts: Form for participant's emergency contact information

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

Education and Training

Fitness and Wellness

Event Management

Entertainment

Community Services

Healthcare Services

Outdoor Activities

Transportation Services

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Administration

Compliance

Safety and Security

Events Management

Program Management

Client Relations

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Safety Coordinator

Event Manager

Facility Manager

Recreation Director

Program Coordinator

Compliance Officer

Customer Service Manager

Business Owner

Activity Instructor

Training Coordinator

Administrative Officer

Industries
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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