Waiver Of Liability Statement Template for New Zealand

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Key Requirements PROMPT example:

Waiver Of Liability Statement

"I need a Waiver of Liability Statement for my adventure tourism company in Queenstown that offers bungee jumping and white-water rafting activities, with specific clauses addressing equipment usage and requiring signing before March 2025."

Document background

The Waiver of Liability Statement is a crucial legal document used in New Zealand business operations where activities or services involve inherent risks that need to be acknowledged and accepted by participants or customers. This document is designed to protect businesses and service providers while ensuring transparency with participants about potential risks. It must be carefully drafted to comply with New Zealand's specific legal requirements, including the Accident Compensation Act (ACC scheme), Consumer Guarantees Act, and Fair Trading Act. The waiver clearly outlines what liabilities can and cannot be legally waived under New Zealand law, provides comprehensive risk disclosures, and includes explicit acknowledgment sections. It's particularly important for businesses in high-risk sectors or those offering recreational activities, but can be adapted for various business contexts where risk management is essential.

Suggested Sections

1. Parties: Identifies the party providing the waiver (releasor) and the party being released from liability (releasee), including full legal names and relevant contact details

2. Background: Explains the context of the waiver, including the activity or situation that necessitates the liability waiver

3. Definitions: Defines key terms used in the waiver to ensure clarity and prevent misinterpretation

4. Acknowledgment of Risks: Detailed description of the risks involved in the activity or situation that the releasor acknowledges and understands

5. Waiver and Release: The core section that explicitly states what liability is being waived and released, with specific reference to types of claims being waived

6. Exceptions and Limitations: Clearly states what cannot be waived under New Zealand law, including references to ACC coverage and consumer guarantees where applicable

7. Declaration of Capacity: Statement confirming the releasor is of legal age and mental capacity to enter into the agreement

8. Execution: Signature block with date and witness provisions

Optional Sections

1. Medical Authorization: Optional section authorizing emergency medical treatment if the waiver relates to physical activities or events

2. Photo/Media Release: Optional section for waiving rights related to photographs or media recordings, if relevant to the activity

3. Insurance Acknowledgment: Optional section acknowledging insurance requirements or recommendations for the activity

4. Parent/Guardian Consent: Required only when the releasor is a minor, including additional provisions for parental/guardian responsibility

5. Governing Law: Optional section explicitly stating New Zealand law governs the waiver, particularly useful for activities involving international participants

Suggested Schedules

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

2. Schedule 2 - Risk Disclosure: Comprehensive list of specific risks associated with the activities

3. Schedule 3 - Safety Rules and Procedures: Optional schedule outlining safety procedures and rules that must be followed

4. Appendix A - Emergency Contact Information: Form for collecting emergency contact details of the releasor

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

Adventure Tourism

Education and Training

Events and Entertainment

Fitness and Wellness

Medical and Healthcare

Construction

Manufacturing

Retail

Transportation

Hospitality

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Health and Safety

Customer Service

Administration

Events Management

Program Management

Facility Operations

Relevant Roles

Legal Counsel

Risk Manager

Operations Manager

Compliance Officer

Event Coordinator

Safety Officer

Business Owner

Facility Manager

Program Director

Recreation Coordinator

Fitness Instructor

Tour Guide

Training Manager

Customer Service Manager

Administrative Officer

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