Personal Liability Waiver Template for New Zealand

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Key Requirements PROMPT example:

Personal Liability Waiver

"I need a Personal Liability Waiver for my new adventure tourism business in Auckland, which will offer guided mountain biking tours and rock climbing experiences, with specific focus on protecting against injury claims and including provisions for equipment use."

Document background
The Personal Liability Waiver is essential for businesses and organizations operating in New Zealand that offer activities or services with inherent risks. This document is particularly important given New Zealand's unique legal framework, including the ACC scheme, which affects how personal injury claims are handled. The waiver should be used when providing services or activities where participants need to acknowledge and accept certain risks, such as adventure sports, recreational activities, or potentially hazardous services. It includes provisions for risk disclosure, liability release, and emergency procedures, while ensuring compliance with New Zealand's consumer protection laws. The document must be carefully drafted to remain enforceable under New Zealand law, particularly considering the limitations on liability waivers under the Fair Trading Act and Consumer Guarantees Act.
Suggested Sections

1. Parties: Identification of the party providing the waiver (releasor) and the party being released from liability (releasee)

2. Background: Context of the waiver, including the nature of activities or services involved

3. Definitions: Key terms used throughout the waiver, including 'Claims', 'Liability', 'Activities', and other relevant definitions

4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activities

5. Waiver and Release: Core waiver provisions where the releasor waives rights to make claims

6. Indemnification: Agreement to indemnify the releasee against any third-party claims

7. Medical Authorization: Permission to seek emergency medical treatment if needed

8. Governing Law: Specification that New Zealand law governs the agreement

9. Execution: Signing provisions including date and witness requirements

Optional Sections

1. Parent/Guardian Consent: Required when the releasor is under 18 years of age

2. Photo/Video Release: Optional section for activities where photography or video recording may occur

3. Insurance Obligations: Required when the activity requires specific insurance coverage

4. Fitness Declaration: Necessary for physical activities requiring minimum fitness levels

5. COVID-19/Health Declarations: Required during public health concerns or for health-sensitive activities

Suggested Schedules

1. Schedule 1 - Description of Activities: Detailed list and description of activities covered by the waiver

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

3. Appendix A - Emergency Contact Information: Form for emergency contact details

4. Appendix B - Medical Information Form: Optional form for relevant medical information and conditions

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

Relevant Industries

Sports and Recreation

Adventure Tourism

Fitness and Wellness

Education and Training

Entertainment

Events Management

Hospitality

Medical Services

Outdoor Activities

Adventure Sports

Tourism

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Safety and Compliance

Events

Guest Relations

Business Development

Administration

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Event Coordinator

Safety Officer

Compliance Manager

Recreation Director

Adventure Guide

Facility Manager

Business Owner

Insurance Coordinator

Customer Service 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

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