The Passenger Liability Waiver Form is a critical legal document used across various transport and tourism sectors in Australia. It serves to protect service providers while ensuring compliance with Australian Consumer Law, state transport regulations, and civil liability legislation. This document is essential when providing passenger transport services where there are inherent risks that need to be clearly communicated and acknowledged. The waiver must be carefully drafted to balance the operator's need for protection against the non-excludable guarantees provided by Australian consumer protection laws. It typically includes risk acknowledgments, medical declarations, emergency contacts, and specific service conditions, making it suitable for various transport modes from adventure tourism to regular passenger services.
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1. Parties: Identification of the transport service provider and the passenger, including full legal names and contact details
2. Background: Brief context about the transport service being provided and purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Service', 'Transport Provider', 'Passenger', and 'Risk'
4. Acknowledgment of Risks: Detailed description of risks associated with the transport service that the passenger acknowledges
5. Waiver and Release: The core waiver language releasing the transport provider from liability for specified risks
6. Consumer Law Rights: Mandatory section acknowledging consumer guarantees and rights that cannot be excluded under Australian Consumer Law
7. Medical Declaration: Passenger's declaration of fitness to travel and disclosure of relevant medical conditions
8. Emergency Contact: Space for passenger to provide emergency contact details
9. Execution: Signature block with date and witness provisions
1. Photography Consent: Optional section for consent to use photographs or videos - relevant for tourism-related transport services
2. Insurance Declaration: Section declaring whether passenger has their own travel/medical insurance - important for high-risk transport
3. Special Requirements: Section for documenting any special needs or requirements - relevant for passengers with disabilities or special needs
4. COVID-19 Declaration: Temporary section for health declarations and COVID-related waivers during pandemic conditions
5. Parent/Guardian Consent: Additional section required when passenger is under 18 or lacks capacity to sign
1. Schedule 1 - Detailed Risk Description: Comprehensive list and description of specific risks associated with the transport service
2. Schedule 2 - Safety Instructions: Detailed safety procedures and instructions that passengers must follow
3. Schedule 3 - Insurance Coverage: Details of any insurance coverage provided by the transport operator
4. Appendix A - Emergency Procedures: Step-by-step emergency procedures and protocols
5. Appendix B - Medical Information Form: Detailed medical information form for passengers to complete if required
Relevant legal definitions
Agreement
Associated Entities
Authorised Representative
Claim
Compensation
Consequential Loss
Consumer Guarantees
Emergency Contact
Excluded Risk
Force Majeure Event
Governing Law
Hazardous Activity
Inherent Risks
Injury
Insurance Coverage
Liability
Loss
Medical Condition
Negligence
Non-Excludable Guarantees
Passenger
Personal Effects
Personal Information
Provider
Release
Risk
Safety Instructions
Service
Service Period
Special Requirements
Terms and Conditions
Transport
Transport Provider
Waiver
Associated Entities
Authorised Representative
Claim
Compensation
Consequential Loss
Consumer Guarantees
Emergency Contact
Excluded Risk
Force Majeure Event
Governing Law
Hazardous Activity
Inherent Risks
Injury
Insurance Coverage
Liability
Loss
Medical Condition
Negligence
Non-Excludable Guarantees
Passenger
Personal Effects
Personal Information
Provider
Release
Risk
Safety Instructions
Service
Service Period
Special Requirements
Terms and Conditions
Transport
Transport Provider
Waiver
Clauses
Acknowledgment of Risks
Assumption of Risk
Liability Waiver
Release and Indemnity
Medical Declaration
Emergency Procedures
Safety Compliance
Consumer Rights
Insurance
Personal Property
Photography and Media
Data Protection
Force Majeure
Governing Law
Severability
Medical Emergency Authorization
Special Requirements
Compliance with Instructions
Transport Conditions
Risk Disclosure
Limitation of Liability
Parent/Guardian Consent
Declaration and Warranty
Term and Termination
Assumption of Risk
Liability Waiver
Release and Indemnity
Medical Declaration
Emergency Procedures
Safety Compliance
Consumer Rights
Insurance
Personal Property
Photography and Media
Data Protection
Force Majeure
Governing Law
Severability
Medical Emergency Authorization
Special Requirements
Compliance with Instructions
Transport Conditions
Risk Disclosure
Limitation of Liability
Parent/Guardian Consent
Declaration and Warranty
Term and Termination
Relevant Industries
Transportation
Tourism
Adventure Sports
Entertainment
Marine Services
Aviation
Event Management
Tour Operations
Leisure & Recreation
Public Transport
Relevant Teams
Legal
Operations
Customer Service
Risk Management
Safety & Compliance
Insurance
Front Desk
Business Development
Service Delivery
Fleet Management
Relevant Roles
Legal Counsel
Risk Manager
Operations Manager
Customer Service Manager
Safety Coordinator
Transport Manager
Tour Guide
Compliance Officer
Insurance Coordinator
Business Development Manager
Fleet Manager
Service Delivery Manager
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