Legal Templates
Release Of Liability Form

Release Of Liability Form for Australia

Release Of Liability Form Template for Australia

This document is an Australian-compliant Release of Liability Form that provides a comprehensive framework for managing legal risk between parties engaging in activities with inherent risks. The template aligns with Australian consumer protection laws, state-specific civil liability acts, and common law principles. It includes provisions for risk acknowledgment, liability waiver, indemnification, and various optional components such as medical authorization and photo/video release. The document is designed to be customizable while maintaining enforceability under Australian jurisdiction, with specific consideration for the Australian Consumer Law and state-based regulations.

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What is a Release Of Liability Form?

The Release Of Liability Form Template is a critical legal document used in Australian business and personal contexts to establish clear parameters for risk assumption and liability limitation. This template is designed for situations where one party (the releasor) agrees to waive certain legal rights against another party (the releasee) in relation to potential risks or injuries. It's particularly relevant in activities such as sports, adventure tourism, equipment rental, or any situation involving inherent risks. The document complies with Australian federal and state legislation, including the Australian Consumer Law and various state Civil Liability Acts. It includes customizable sections for specific activities, risk acknowledgments, and optional components for different scenarios, while maintaining enforceability within the Australian legal framework.

What sections should be included in a Release Of Liability Form?

1. Parties: Identifies and defines the Releasor (person assuming the risk) and Releasee (person/entity being released from liability)

2. Background: Explains the context of the release, including the activity or circumstances that necessitate the waiver

3. Definitions: Defines key terms used throughout the document for clarity and legal certainty

4. Acknowledgment of Risks: Details the risks associated with the activity that the Releasor acknowledges and accepts

5. Release and Waiver: Core section stating the specific rights being waived and the extent of the release from liability

6. Indemnification: Releasor's agreement to indemnify the Releasee against claims related to the activity

7. Binding Effect: Confirms the agreement extends to heirs, executors, and administrators of the Releasor

8. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction

9. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect

10. Declaration: Releasor's confirmation of having read, understood, and voluntarily agreed to the terms

11. Execution: Signature block with date and witness provisions

What sections are optional to include in a Release Of Liability Form?

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

2. Photo/Video Release: Permission to use images/recordings - include when activities may be photographed or recorded

3. Insurance Declaration: Acknowledgment of insurance requirements - include when specific insurance coverage is relevant

4. Parent/Guardian Consent: Additional consent section for minors - include when participants may be under 18

5. COVID-19 Acknowledgment: Specific virus-related risks and protocols - include during pandemic conditions

6. Equipment Usage: Specific terms for equipment use - include when activity involves use of valuable or potentially dangerous equipment

7. Confidentiality: Non-disclosure provisions - include when activities involve exposure to confidential information

What schedules should be included in a Release Of Liability Form?

1. Schedule A - Description of Activities: Detailed description of activities covered by the release

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

3. Schedule C - Safety Procedures: Required safety protocols and procedures

4. Appendix 1 - Emergency Contact Form: Emergency contact information for the Releasor

5. Appendix 2 - Medical Information Form: Relevant medical information and conditions (if medical authorization is included)

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

Consent Form

Sector

Cost

Free to use
Relevant Industries

Sports and Recreation

Education and Training

Events and Entertainment

Tourism and Hospitality

Fitness and Wellness

Adventure Sports

Construction

Property Management

Healthcare

Transportation

Manufacturing

Retail

Non-profit Organizations

Professional Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Human Resources

Safety and Security

Event Management

Customer Relations

Facility Operations

Program Administration

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Event Coordinator

Facility Manager

Safety Officer

Recreation Director

Program Administrator

Compliance Officer

Business Owner

Athletic Director

Tour Guide

Property Manager

Volunteer Coordinator

Human Resources Manager

Insurance Coordinator

Industries
Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010): Sets out consumer protections and regulates unfair contract terms, particularly relevant to limitations on what liability can be excluded and ensuring the release form is not unconscionable
Civil Liability Acts (State-specific): State-based legislation that governs civil liability and the extent to which liability can be excluded or limited through contractual agreements
Australian Contract Law: Common law principles governing contract formation, including requirements for valid consideration, capacity to contract, and clear terms
Work Health and Safety Act 2011: If the release relates to workplace activities, this Act sets out non-excludable obligations and duties of care
Competition and Consumer Act 2010: Contains provisions about misleading and deceptive conduct which cannot be excluded by contract, and regulates business-to-consumer relationships
Age of Majority Act (State-specific): Determines the legal age at which a person can enter into binding contracts, relevant for ensuring the release is signed by someone with legal capacity
Corporations Act 2001: Relevant when the release involves corporate entities, governing their capacity to enter into contracts and their obligations
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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