Legal Templates
Indemnity Waiver

Indemnity Waiver for Australia

Indemnity Waiver Template for Australia

An Australian Indemnity Waiver is a legal document designed to protect businesses, organizations, or individuals from liability claims arising from voluntary participation in specified activities or services. The document complies with Australian federal and state legislation, including the Australian Consumer Law and relevant Civil Liability Acts. It contains comprehensive risk acknowledgments, liability waivers, and indemnification provisions while preserving non-excludable consumer guarantees under Australian law. The document balances the rights of participants with the need for organizations to manage their risk exposure effectively.

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What is a Indemnity Waiver?

This Indemnity Waiver template is designed for use in Australian jurisdictions where organizations or individuals need to manage their liability exposure for activities or services they provide. The document is particularly relevant when participants voluntarily engage in activities that carry inherent risks. The waiver includes essential elements required under Australian law, including clear risk acknowledgments, explicit waiver provisions, and necessary consumer law notifications. It maintains compliance with the Australian Consumer Law and relevant state-based Civil Liability Acts while providing robust protection for the party seeking indemnification. The template can be customized for various contexts while maintaining its core legal effectiveness.

What sections should be included in a Indemnity Waiver?

1. Parties: Identification of all parties involved in the waiver, including full legal names and contact details

2. Background: Context of the waiver, including the activity or circumstance for which the waiver is being granted

3. Definitions: Clear definitions of key terms used throughout the waiver

4. Acknowledgment of Risks: Detailed acknowledgment of the risks involved in the activity or circumstance

5. Waiver and Release: Core waiver provisions releasing the protected party from liability

6. Indemnification: Agreement to indemnify the protected party against claims

7. Consumer Law Acknowledgment: Acknowledgment of rights under Australian Consumer Law that cannot be waived

8. Medical Authorization: Authorization for emergency medical treatment if necessary

9. Governing Law: Specification of Australian law and jurisdiction

10. Execution: Signing provisions and attestation requirements

What sections are optional to include in a Indemnity Waiver?

1. Parent/Guardian Consent: Required when the participant is under 18 or lacks capacity

2. Special Conditions: For any specific conditions or requirements unique to the activity or circumstance

3. Insurance Obligations: When specific insurance requirements need to be acknowledged or maintained

4. Intellectual Property: When the activity might involve creation or use of intellectual property

5. Photo/Video Release: When photography or video recording may be involved in the activity

6. Confidentiality: When the activity involves access to confidential information

7. Term and Termination: When the waiver needs to specify a duration or termination conditions

What schedules should be included in a Indemnity Waiver?

1. Schedule 1 - Description of Activities: Detailed description of activities or circumstances covered by the waiver

2. Schedule 2 - Specific Risks: Comprehensive list of specific risks being acknowledged and waived

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

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

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

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Jurisdiction

Australia

Publisher

Genie AI

Document Type

Release of Liability

Sector

Risk Management

Cost

Free to use
Relevant Industries

Sports and Recreation

Adventure Tourism

Fitness and Wellness

Education and Training

Entertainment

Events Management

Healthcare

Construction

Manufacturing

Retail

Property Management

Community Services

Volunteer Organizations

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Health and Safety

Administration

Corporate Services

Business Development

Events Management

Relevant Roles

Legal Counsel

Risk Manager

Operations Manager

Facility Manager

Events Coordinator

Safety Officer

Compliance Officer

Business Owner

Program Director

Activities Coordinator

Customer Service Manager

Volunteer Coordinator

Contract Administrator

General Manager

Company Secretary

Industries
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Provides consumer protections and regulates unfair contract terms. Some consumer guarantees cannot be excluded even by waiver.
Civil Liability Act 2002: State-based legislation (versions exist in all states) that governs civil liability and the extent to which liability can be waived or limited.
Contracts Review Act 1980: NSW legislation (similar provisions exist in other states) that allows courts to review and potentially invalidate unfair contracts, including waivers.
Australian Contract Law (Common Law): Common law principles governing contract formation, including requirements for consideration, capacity, and genuine consent.
Competition and Consumer Act 2010: Federal legislation that includes provisions about misleading and deceptive conduct which cannot be excluded by waiver.
State Fair Trading Acts: State-specific consumer protection legislation that may affect the enforceability of waivers in different jurisdictions.
Wrongs Act 1958: Victorian legislation (similar acts in other states) dealing with personal injury claims and liability, which may affect waiver terms.
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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