The General Liability Waiver Form is a crucial legal document used in New Zealand business operations where activities or services carry inherent risks. This document is essential for organizations seeking to manage their liability exposure while maintaining compliance with New Zealand's legal framework, including the Fair Trading Act 1986, Consumer Guarantees Act 1993, and the unique ACC scheme. The waiver form serves to inform participants of potential risks, obtain their informed consent, and establish clear boundaries of liability, while respecting non-excludable statutory protections. It is particularly relevant for recreational activities, educational programs, and service providers where participants engage in activities with known risks. The document includes comprehensive risk disclosures, emergency procedures, and necessary authorizations, while acknowledging the limitations on liability waivers under New Zealand law.
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1. Parties: Identifies all parties involved - the person/organization seeking the waiver and the person giving the waiver
2. Background: Explains the context and purpose of the waiver, including the activities or services being provided
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Acknowledgment of Risks: Detailed description of potential risks associated with the activity
5. Waiver and Release: Core section outlining what liability is being waived and released
6. ACC Coverage Acknowledgment: Statement acknowledging the New Zealand ACC scheme and its implications
7. Participant Obligations: Outlines the responsibilities and obligations of the participant
8. Emergency Medical Authorization: Authorization for emergency medical treatment if needed
9. Term and Termination: Duration of the waiver and any termination provisions
10. Governing Law: Specifies New Zealand law as governing law and jurisdiction
11. Execution: Signature blocks and execution requirements
1. Medical Conditions Declaration: Optional section for activities where participant's medical conditions might be relevant
2. Parent/Guardian Consent: Required when the participant is under 18 or lacks capacity to sign
3. Media Release: Optional authorization for use of photographs or videos
4. Insurance Declaration: Optional section regarding participant's insurance coverage
5. Equipment Usage: Optional section for activities involving use of specific equipment
6. Confidentiality: Optional section for activities involving confidential information
7. Indemnification: Optional additional protection requiring participant to indemnify organization
1. Schedule 1: Activity Description: Detailed description of activities covered by the waiver
2. Schedule 2: Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3: Safety Procedures: Required safety procedures and protocols
4. Appendix A: Emergency Contact Information: Form for emergency contact details
5. Appendix B: Medical Information Form: Optional form for relevant medical information
Relevant legal definitions
Activities
Agreement
ACC
Claims
Confidential Information
Emergency Contact
Equipment
Facility
Force Majeure
Guardian
Indemnified Parties
Injury
Liability
Medical Emergency
Minor
Organization
Participant
Personal Information
Premises
Release
Risk
Rules and Regulations
Safety Equipment
Services
Staff
Supervisor
Term
Waiver
Agreement
ACC
Claims
Confidential Information
Emergency Contact
Equipment
Facility
Force Majeure
Guardian
Indemnified Parties
Injury
Liability
Medical Emergency
Minor
Organization
Participant
Personal Information
Premises
Release
Risk
Rules and Regulations
Safety Equipment
Services
Staff
Supervisor
Term
Waiver
Clauses
Risk Acknowledgment
Liability Release
ACC Recognition
Medical Authorization
Participant Obligations
Emergency Procedures
Indemnification
Insurance
Medical Disclosure
Safety Compliance
Equipment Usage
Media Release
Personal Information
Force Majeure
Governing Law
Severability
Entire Agreement
Amendment
Term and Termination
Witness and Execution
Liability Release
ACC Recognition
Medical Authorization
Participant Obligations
Emergency Procedures
Indemnification
Insurance
Medical Disclosure
Safety Compliance
Equipment Usage
Media Release
Personal Information
Force Majeure
Governing Law
Severability
Entire Agreement
Amendment
Term and Termination
Witness and Execution
Relevant Industries
Sports and Recreation
Adventure Tourism
Education and Training
Fitness and Wellness
Entertainment
Events Management
Community Services
Youth Services
Health and Wellness
Tourism
Outdoor Activities
Professional Services
Relevant Teams
Legal
Risk Management
Operations
Health and Safety
Customer Service
Administration
Compliance
Events Management
Program Management
Facility Operations
Relevant Roles
Risk Manager
Operations Manager
Legal Counsel
Compliance Officer
Safety Coordinator
Activity Director
Program Coordinator
Facility Manager
Events Manager
Recreation Supervisor
Training Coordinator
Customer Service Manager
Business Owner
General Manager
Administrative Officer
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