Waiver Of Liability And Hold Harmless Agreement for New Zealand

Waiver Of Liability And Hold Harmless Agreement Template for New Zealand

A comprehensive legal document governed by New Zealand law that combines a waiver of liability with an indemnification agreement. This document serves to protect organizations and individuals from potential legal claims by having participants acknowledge risks and waive their right to sue, while also agreeing to hold the protected party harmless from claims. The agreement must comply with New Zealand's specific legal framework, including the Contract and Commercial Law Act 2017, Fair Trading Act 1986, and Consumer Guarantees Act 1993, while recognizing the limitations imposed by the Accident Compensation scheme.

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What is a Waiver Of Liability And Hold Harmless Agreement?

The Waiver of Liability and Hold Harmless Agreement is a crucial legal document used in New Zealand business operations where there are inherent risks in activities or services provided. This document serves two primary functions: first, it acts as a waiver where participants acknowledge risks and agree not to hold the provider liable for potential injuries or losses; second, it includes an indemnification clause where participants agree to protect the provider from third-party claims. The agreement must be carefully drafted to comply with New Zealand law, particularly considering the Accident Compensation scheme, consumer protection legislation, and contract law principles. It's commonly used in sports facilities, adventure tourism, educational institutions, and various business contexts where risk management is essential.

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

1. Parties: Identifies and defines the parties to the agreement - typically the party granting the waiver (Releasor) and the party being released from liability (Releasee)

2. Background: Explains 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 specific activity-related terms

4. Acknowledgment of Risks: Details the risks involved in the activity and confirms the Releasor's understanding and voluntary acceptance of these risks

5. Waiver and Release: The core provision where the Releasor waives their rights to make claims against the Releasee

6. Hold Harmless and Indemnification: Provision where the Releasor agrees to indemnify and hold the Releasee harmless from any claims

7. Exceptions to Waiver: Specifies what cannot be waived under New Zealand law, including rights under the Consumer Guarantees Act and ACC scheme

8. General Provisions: Standard contract clauses including governing law, severability, and entire agreement provisions

9. Execution: Signature blocks and execution requirements, including witness provisions if required

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

1. Insurance: Details any insurance requirements or acknowledgments - used when specific insurance coverage is relevant to the activity

2. Medical Authorization: Grants permission for emergency medical treatment - used for athletic events or activities with physical risks

3. Media Release: Permission to use photographs or recordings - included when the activity may involve photography or recording

4. Parent/Guardian Consent: Additional section for minors - required when the Releasor is under 18 years of age

5. Specific Activity Rules: Details specific rules or protocols - used when the activity has particular requirements or regulations

6. Term and Termination: Specifies duration of the waiver - included when the waiver covers an ongoing activity or relationship

7. Dispute Resolution: Sets out process for handling disputes - recommended for high-risk activities or substantial relationships

What schedules should be included in a Waiver Of Liability And Hold Harmless 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 associated with the activities

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

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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Free to use

Relevant legal definitions

Clauses

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Sports and Recreation

Adventure Tourism

Education

Events and Entertainment

Fitness and Wellness

Property Management

Construction

Voluntary and Community

Healthcare

Professional Services

Retail

Manufacturing

Relevant Teams

Legal

Risk Management

Operations

Compliance

Health and Safety

Customer Relations

Administration

Events Management

Facilities Management

Business Development

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Compliance Manager

Business Owner

Recreation Director

Program Administrator

Athletic Director

Tour Guide

Volunteer Coordinator

General Manager

Contract Administrator

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What is a Waiver Of Liability And Hold Harmless Agreement?

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

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

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

Authors

Alex Denne

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