Dangerous Activity Waiver for New Zealand

Dangerous Activity Waiver Template for New Zealand

A comprehensive legal document designed for use in New Zealand that protects activity providers while ensuring transparent risk communication to participants engaging in dangerous or high-risk activities. The document complies with New Zealand's Health and Safety at Work Act 2015 and relevant consumer protection legislation, incorporating specific provisions for risk disclosure, safety procedures, and participant acknowledgments. It includes mandatory sections for personal information, medical disclosures, and emergency contacts, while maintaining alignment with New Zealand's accident compensation scheme (ACC) and adventure activity regulations.

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What is a Dangerous Activity Waiver?

The Dangerous Activity Waiver is essential for businesses and organizations operating in New Zealand's adventure tourism and high-risk activity sectors. This document serves as a critical risk management tool, designed to comply with New Zealand's stringent safety regulations while providing legal protection for operators. It should be used whenever participants engage in activities that carry inherent risks, such as bungee jumping, skydiving, white water rafting, or other adventure sports. The waiver encompasses comprehensive risk disclosures, safety protocols, and participant acknowledgments, all structured within the framework of New Zealand law, particularly the Health and Safety at Work Act 2015 and Adventure Activities Regulations 2016. Regular review and updates are recommended to ensure ongoing compliance with evolving safety standards and legal requirements.

What sections should be included in a Dangerous Activity Waiver?

1. Parties: Identification of the activity provider/operator and the participant, including full legal names and contact details

2. Background: Brief context about the dangerous activity being offered and purpose of the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Dangerous Activity', 'Risk', 'Safety Instructions', and 'Emergency Procedures'

4. Activity Description: Detailed description of the dangerous activity and what it entails

5. Risk Acknowledgment: Comprehensive list of risks and potential consequences associated with the activity

6. Participant Declarations: Statements confirming participant's fitness, understanding of risks, and agreement to follow safety instructions

7. Safety Procedures: Outline of safety measures, instructions, and emergency procedures

8. Release and Indemnity: Legal waiver language releasing the operator from liability to the extent permitted by law

9. Medical Disclosure: Participant's obligation to disclose relevant medical conditions

10. Emergency Contacts: Space for participant to provide emergency contact information

11. Governing Law: Specification that the waiver is governed by New Zealand law

What sections are optional to include in a Dangerous Activity Waiver?

1. Photo/Video Release: Optional section for consent to use participant's image in promotional materials

2. Equipment Usage: Additional section when specific equipment is provided by the operator

3. Group Activities: Additional provisions for activities involving multiple participants or team activities

4. Insurance Details: Section specifying insurance requirements or recommendations for participants

5. Specific Skill Requirements: Section detailing required skills or certifications for advanced activities

6. Environmental Impact: Section covering participant responsibilities regarding environmental protection during the activity

What schedules should be included in a Dangerous Activity Waiver?

1. Schedule 1 - Detailed Risk Disclosure: Comprehensive list of specific risks associated with the particular activity

2. Schedule 2 - Safety Equipment Checklist: List of required safety equipment and proper usage instructions

3. Schedule 3 - Medical Questionnaire: Detailed health questionnaire to assess participant fitness for the activity

4. Appendix A - Emergency Procedures: Detailed emergency protocols and evacuation procedures

5. Appendix B - Maps and Activity Zones: Visual representation of activity areas and relevant geographical information

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

New Zealand

Publisher

Genie AI

Document Type

Liability Waiver

Cost

Free to use
Relevant legal definitions
Relevant Industries

Adventure Tourism

Outdoor Recreation

Sports and Recreation

Entertainment

Education and Training

Extreme Sports

Tourism and Hospitality

Fitness and Wellness

Marine Activities

Aviation

Relevant Teams

Legal

Operations

Risk Management

Safety and Compliance

Customer Service

Adventure Operations

Training and Development

Insurance and Claims

Guest Relations

Quality Assurance

Relevant Roles

Adventure Activity Manager

Risk Management Officer

Safety Compliance Coordinator

Operations Director

Legal Counsel

Adventure Guide

Tourism Operations Manager

Health and Safety Manager

Outdoor Recreation Coordinator

Training Manager

Customer Service Manager

Insurance Coordinator

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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