Nonprofit Liability Waiver for Australia

Nonprofit Liability Waiver Template for Australia

This document is an Australian-compliant liability waiver specifically designed for nonprofit organizations operating within Australian jurisdiction. It provides a comprehensive framework for managing risk and liability in volunteer and participant activities while adhering to Australian Consumer Law, state-based Civil Liability Acts, and the Volunteers Protection Act. The waiver balances the organization's need for protection against liability with fair and reasonable terms for participants, incorporating necessary elements for legal enforceability while maintaining clarity and accessibility for non-legal users.

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What is a Nonprofit Liability Waiver?

This Nonprofit Liability Waiver template is designed for use by Australian nonprofit organizations engaging with volunteers and participants in various activities. The document serves as a critical risk management tool, protecting the organization while ensuring transparency with participants. It complies with relevant Australian legislation, including the Australian Consumer Law, state-based Civil Liability Acts, and the Volunteers Protection Act 2001. The waiver should be used before individuals participate in organizational activities, clearly outlining risks, responsibilities, and the scope of liability release. It includes provisions for emergency medical authorization, risk acknowledgment, and where applicable, media permissions and COVID-19 protocols. Organizations should customize this template based on their specific activities and risk profile while maintaining its core legal protections.

What sections should be included in a Nonprofit Liability Waiver?

1. Parties: Identification of the nonprofit organization and the participant/volunteer signing the waiver

2. Background: Context of the activities and relationship between the parties

3. Definitions: Key terms used throughout the waiver, including 'Activities', 'Claims', 'Loss', and 'Risks'

4. Acknowledgment of Risks: Detailed description of potential risks associated with the activities

5. Assumption of Risk: Participant's voluntary acknowledgment and assumption of identified risks

6. Waiver and Release: Core waiver language releasing the organization from liability

7. Indemnification: Participant's agreement to indemnify the organization against claims

8. Medical Authorization: Permission to seek emergency medical treatment if needed

9. Governing Law: Specification of Australian law and relevant jurisdiction

10. Severability: Clause ensuring remainder of waiver remains valid if any portion is found unenforceable

11. Execution: Signature blocks and date of execution

What sections are optional to include in a Nonprofit Liability Waiver?

1. Photo/Media Release: Optional section for permission to use participant's image/media - include when organization plans to document activities

2. Insurance Declaration: Section declaring whether personal insurance is required - include for high-risk activities

3. Parent/Guardian Consent: Required only when participants are minors or legally incompetent

4. COVID-19 Acknowledgment: Specific risks and protocols related to COVID-19 - include if still relevant to activities

5. Confidentiality Agreement: Include when volunteers/participants may have access to sensitive information

6. Equipment Usage: Include when activities involve use of organization's equipment or facilities

What schedules should be included in a Nonprofit Liability Waiver?

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

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

3. Schedule C - Emergency Contact Information: Form for participant's emergency contact details

4. Appendix 1 - Safety Procedures: Organization's relevant safety procedures and protocols

5. Appendix 2 - Insurance Information: Details of organization's insurance coverage and any participant requirements

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

Jurisdiction

Australia

Publisher

Genie AI

Cost

Free to use
Relevant Industries

Charitable Organizations

Community Services

Sports and Recreation

Arts and Culture

Education

Environmental Conservation

Health Services

Youth Services

Animal Welfare

Disaster Relief

Religious Organizations

Social Services

Relevant Teams

Legal

Operations

Risk Management

Human Resources

Program Management

Volunteer Management

Administration

Community Outreach

Event Management

Executive Leadership

Board of Directors

Relevant Roles

Executive Director

Volunteer Coordinator

Program Manager

Risk Management Officer

Legal Counsel

Operations Manager

Event Coordinator

Community Outreach Manager

Administrative Assistant

Board Member

Safety Officer

Human Resources Manager

Project Coordinator

Activity Leader

Fundraising Manager

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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