A General Liability Waiver is essential for Australian businesses and organizations that provide services or activities carrying inherent risks. This document is designed to comply with Australian Consumer Law, state-specific civil liability acts, and relevant common law principles. It serves multiple purposes: informing participants of potential risks, obtaining their informed consent, and protecting the business from liability claims where legally permissible. The waiver is particularly crucial for recreational, sporting, and adventure activities, but its application extends to any service where participants need to acknowledge and accept certain risks. The document includes mandatory consumer law notices, clear risk descriptions, medical declarations, and emergency provisions, while ensuring that attempts to exclude liability do not contravene non-excludable guarantees under Australian law.
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1. Parties: Identification of the service provider/business and the individual signing the waiver
2. Background: Context of the waiver, nature of activities/services being provided
3. Definitions: Clear definitions of key terms used throughout the document, including 'Activities', 'Services', 'Risks', etc.
4. Acknowledgment of Risks: Detailed description of inherent risks associated with the activities/services
5. Assumption of Risk: Participant's explicit acknowledgment and acceptance of the identified risks
6. Waiver and Release: The core waiver language releasing the business from liability, subject to non-excludable guarantees
7. Australian Consumer Law Notice: Mandatory section acknowledging consumer rights under Australian Consumer Law that cannot be waived
8. Medical Declaration: Participant's confirmation of physical/mental fitness to participate in activities
9. Emergency Authorization: Authorization for emergency medical treatment if needed
10. Execution: Signing section with date and witness provisions
1. Photo/Video Release: Optional section for permission to use participant's image - include when photography/videography may be involved
2. Equipment Usage: Include when participants will be using specific equipment or gear provided by the business
3. Insurance Declaration: Optional section regarding participant's personal insurance - relevant for high-risk activities
4. Group Activities Clause: Include when activities involve group participation or team activities
5. Property Damage: Include when there's potential for damage to business property or equipment
6. Electronic Acceptance: Include for online waivers to confirm validity of electronic acceptance
7. Parent/Guardian Consent: Include when participants may be under 18 or lacking capacity
1. Schedule 1 - Description of Activities: Detailed list and description of all activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with each activity
3. Schedule 3 - Safety Rules and Guidelines: List of safety protocols and rules participants must follow
4. Appendix A - Emergency Contact Form: Form for participant's emergency contact information
5. Appendix B - Medical Information Form: Optional form for relevant medical information and conditions
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Fitness and Gyms
Adventure Tourism
Education and Training
Entertainment
Event Management
Healthcare Services
Recreational Facilities
Outdoor Activities
Leisure Services
Tourism
Sports Coaching
Personal Training
Children's Activities
Martial Arts
Relevant Teams
Legal
Risk Management
Operations
Customer Service
Compliance
Safety and Security
Programs and Activities
Member Services
Events
Training
Relevant Roles
Risk Manager
Legal Counsel
Operations Manager
Facility Manager
Business Owner
Compliance Officer
Safety Officer
Program Director
Activity Coordinator
Customer Service Manager
Membership Manager
Events Manager
Recreation Coordinator
Training Manager
General Manager
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