Waiver Of Liability And Indemnity Agreement for Australia

Waiver Of Liability And Indemnity Agreement Template for Australia

A comprehensive legal document designed for use in Australia that combines both a waiver of liability and indemnification provisions. It provides protection for businesses and service providers by having participants acknowledge risks, waive certain legal rights to sue, and agree to indemnify the provider against potential claims. The document must comply with Australian federal legislation, including the Australian Consumer Law, as well as relevant state-based civil liability acts. It includes specific provisions for risk acknowledgment, clear waiver terms, indemnification obligations, and any statutory exceptions that cannot be contracted out of under Australian law.

Your data doesn't train Genie's AI

You keep IP ownership of your information

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Download a Standard Template

4.6 / 5
4.8 / 5
Access for free
OR

Alternatively: Run an advanced review of an existing
Waiver Of Liability And Indemnity Agreement

Let Genie AI's market-leading legal AI identify missing terms, unusual language, compliance issues and more - in just seconds.
Upload your Doc

What is a Waiver Of Liability And Indemnity Agreement?

The Waiver of Liability and Indemnity Agreement is a critical risk management tool used extensively across various sectors in Australia. This document serves two primary purposes: first, it obtains a participant's acknowledgment and acceptance of inherent risks in an activity or service, along with their agreement to waive certain legal rights; second, it secures their commitment to indemnify the provider against potential claims. The agreement must be carefully drafted to ensure compliance with the Australian Consumer Law, relevant state-based civil liability legislation, and other applicable laws that may limit the effectiveness of liability waivers. While such agreements cannot exclude all forms of liability (particularly those protected by statutory consumer guarantees), they remain valuable for risk allocation and management when properly constructed and implemented.

What sections should be included in a Waiver Of Liability And Indemnity Agreement?

1. Parties: Identifies and defines the parties to the agreement, including the party providing the waiver and the party being released from liability

2. Background: Establishes the context of the agreement, including the activity or relationship giving rise to the need for the waiver

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Liability', 'Loss', and other relevant terms

4. Acknowledgment of Risks: Details the risks associated with the activity or relationship that the releasing party acknowledges and accepts

5. Waiver and Release: Core section detailing the specific rights, claims, and causes of action being waived and released

6. Indemnity: Specifies the indemnification obligations of the releasing party

7. Exceptions and Limitations: Outlines any exceptions to the waiver and indemnity, including those required by law

8. Term and Survival: Specifies the duration of the agreement and which provisions survive termination

9. General Provisions: Standard boilerplate clauses including governing law, entire agreement, and severability

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Waiver Of Liability And Indemnity Agreement?

1. Insurance: Optional section specifying insurance requirements when the agreement relates to specific activities requiring insurance coverage

2. Medical Authorization: Optional section for activities involving physical risk, authorizing emergency medical treatment if needed

3. Parent/Guardian Consent: Required when the releasing party is a minor, including parental acknowledgment and consent

4. Photo/Media Release: Optional section for activities where photographs or recordings may be taken

5. COVID-19/Infectious Disease Release: Optional section specifically addressing risks related to infectious diseases

6. Equipment Use: Optional section for activities involving the use of specific equipment or facilities

7. Dispute Resolution: Optional detailed procedures for handling disputes, including mediation or arbitration provisions

What schedules should be included in a Waiver Of Liability And Indemnity Agreement?

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

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

3. Schedule 3 - Safety Procedures: Details of safety procedures and protocols that must be followed

4. Appendix A - Emergency Contact Information: Form for emergency contact details and relevant medical information

5. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels if applicable

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
Clauses
Relevant Industries

Sports and Recreation

Entertainment

Education and Training

Adventure Tourism

Fitness and Wellness

Events Management

Construction

Property Management

Healthcare

Childcare

Equipment Rental

Extreme Sports

Tourism

Professional Services

Manufacturing

Retail

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Safety and Security

Facilities Management

Event Management

Program Administration

Business Development

Insurance Administration

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Program Director

Activity Instructor

General Manager

Contract Administrator

Insurance Coordinator

Customer Service Manager

Venue 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

Find the exact document you need

Daycare Waiver Of Liability

An Australian-compliant liability waiver for daycare providers that establishes service terms and risk allocation between facilities and parents/guardians.

find out more

Swimming Pool Waiver And Release Of Liability Form

An Australian-compliant liability waiver form for swimming pool facilities that balances operator protection with participant rights under Australian consumer law.

find out more

Release Of Liability Form For Dental Treatment

An Australian-compliant liability release form for dental procedures that documents informed consent and waiver of liability while protecting both practitioner and patient rights.

find out more

Minor Liability Waiver

An Australian-compliant Minor Liability Waiver Template for organizations to obtain parental consent and release liability for activities involving minors.

find out more

Mechanic Liability Waiver

An Australian-compliant liability waiver for mechanical services that protects service providers while preserving consumer rights under Australian law.

find out more

Event Waiver And Release Form

An Australian-compliant legal document where participants acknowledge risks and waive certain rights to claims against event organizers, subject to Australian Consumer Law and state regulations.

find out more

Travel Liability Waiver

An Australian-compliant liability waiver for travel activities that establishes risk acknowledgment and liability limitations between service providers and participants.

find out more

Waiver And Release Of Liability Form

An Australian-compliant legal document that protects organizations from liability claims while maintaining necessary consumer protections under Australian law.

find out more

Independent Contractor Liability Waiver Form

An Australian-compliant liability waiver form for independent contractors that establishes service scope and defines liability limitations under Australian federal and state laws.

find out more

No Liability Form

An Australian-compliant liability waiver form that provides legal protection for organizations while ensuring clear risk disclosure to participants under Australian law.

find out more

Participation Waiver And Release Form

An Australian-compliant legal document combining liability waiver and informed consent for activity participation, structured according to federal and state liability laws.

find out more

Participant Waiver Form

An Australian-compliant participant waiver form for managing activity risks and liability releases, suitable for recreational and professional activities across various sectors.

find out more

Food Liability Waiver

An Australian-compliant liability waiver for food service providers that balances business protection with consumer rights under Australian law.

find out more

Financial Liability Waiver

An Australian-compliant Financial Liability Waiver document for managing financial risk allocation between parties while maintaining regulatory compliance.

find out more

Exercise Waiver And Release Form

An Australian-compliant waiver form for exercise and fitness activities that establishes liability protection and risk assumption between service providers and participants.

find out more

Accident Release Form

An Australian legal document that releases liability for accident-related claims in exchange for agreed compensation, compliant with federal and state legislation.

find out more

Waiver And Hold Harmless Agreement

An Australian law-compliant agreement where participants acknowledge risks and waive rights to claims while holding the provider harmless from liability for specified activities.

find out more

Subcontractor Liability Waiver

An Australian-compliant legal document establishing liability waivers between principal contractors and subcontractors, defining waived risks and responsibilities while maintaining legislative compliance.

find out more

Sports Liability Waiver Form

An Australian-compliant liability waiver form for sports and recreational activities, incorporating relevant federal and state legal requirements.

find out more

Short Liability Waiver

An Australian-compliant liability waiver that protects businesses from certain liability claims while maintaining adherence to federal and state legal requirements.

find out more

Salon Liability Waiver Form

An Australian-compliant liability waiver form for beauty salons, protecting both service providers and clients while adhering to Australian Consumer Law and health regulations.

find out more

Release Of Liability Swimming Pool

An Australian-compliant liability release agreement for swimming pool operators and users, providing legal protection while ensuring compliance with local pool safety regulations.

find out more

Product Liability Release Form

An Australian-compliant legal document that manages product liability risks while preserving consumer rights under Australian Consumer Law.

find out more

Personal Training Liability Waiver

An Australian-compliant liability waiver for personal training services that protects trainers while preserving client rights under Australian Consumer Law.

find out more

Liability Waiver For Volunteers

An Australian-compliant liability waiver document that protects organizations while establishing clear terms for volunteer engagement and risk acknowledgment.

find out more

Limited Liability Waiver

An Australian-compliant liability waiver agreement that establishes terms for waiving legal claims while preserving mandatory consumer protections under Australian law.

find out more

Homeowner Liability Waiver

An Australian-compliant liability waiver protecting homeowners from claims arising from property-related incidents while maintaining necessary consumer protections.

find out more

Gym Indemnity Form

An Australian-compliant indemnity form for fitness facilities that establishes liability boundaries and risk acknowledgment between gym operators and members.

find out more

Food Waiver And Indemnification Agreement

An Australian-compliant legal agreement establishing food service liability waivers and indemnification terms while ensuring adherence to local food safety and consumer protection laws.

find out more

Event Liability Waiver Form

An Australian-compliant liability waiver form for event participants, protecting organizers while maintaining statutory consumer rights.

find out more

Coaching Liability Waiver

An Australian-compliant liability waiver for coaching services that protects coaches and organizations while maintaining compliance with Australian Consumer Law.

find out more

Caregiver Liability Waiver Form

An Australian-compliant liability waiver form for caregiving services, protecting both caregiver and care recipient interests while meeting legal requirements.

find out more

Release From All Liabilities

An Australian law-governed agreement that completely releases one party from all legal claims and liabilities by another party.

find out more

Horseback Riding Liability Waiver

An Australian-compliant liability waiver for horseback riding activities, protecting operators while ensuring participant awareness of inherent risks.

find out more

Property Damage Release Of Liability Form

An Australian legal document that releases liability for property damage in exchange for compensation, compliant with Australian contract and property law.

find out more

Liability Hold Harmless Agreement

Australian-law compliant Hold Harmless Agreement template for risk transfer and indemnification between parties, incorporating federal and state legal requirements.

find out more

Generic Gym Waiver Form

An Australian-compliant gym waiver form establishing rights, responsibilities, and risk assumptions between fitness facilities and their members.

find out more

Release Of Liability Rental Agreement

An Australian legal document combining rental terms with liability releases, establishing property rental conditions while protecting owners from specified risks under Australian law.

find out more

Nonprofit Liability Waiver

An Australian-compliant liability waiver template for nonprofit organizations to manage risk and liability in volunteer and participant activities.

find out more

Motorcycle Ride Liability Waiver Form

An Australian-compliant liability waiver for motorcycle-related activities that protects operators while ensuring participant awareness of risks and safety requirements.

find out more
See more related templates

Genie’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; Genie’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

We are ISO27001 certified, so your data is secure

Organizational security:

You retain IP ownership of your documents and their information

You have full control over your data and who gets to see it

2 Docs LeftAccess Now