The Parking Liability Waiver is essential for Australian businesses and property owners operating parking facilities to manage their risk exposure effectively. This document is designed to be used in situations where parking services are provided to the public, whether in commercial, retail, or institutional settings. The waiver incorporates key provisions required under Australian Consumer Law and state-specific regulations, ensuring that liability limitations are both reasonable and enforceable. It addresses various scenarios including vehicle damage, theft, and personal injury, while clearly communicating the responsibilities of both parties. The document is structured to protect facility operators while maintaining fairness to parkers, taking into account recent legal precedents and regulatory requirements in the Australian context.
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1. Parties: Identifies the parking facility operator and the vehicle owner/driver (referred to as 'the Parker')
2. Background: Brief context explaining the purpose of the waiver and the nature of the parking service
3. Definitions: Key terms used throughout the document including 'Vehicle', 'Parking Facility', 'Personal Property', and 'Parking Period'
4. Acknowledgment of Risk: Statement acknowledging that parking involves inherent risks and that the Parker understands these risks
5. Limitation of Liability: Core waiver provisions detailing what liability the operator is and is not accepting
6. Parker's Obligations: Lists the responsibilities of the Parker while using the facility
7. Operator's Rights: Outlines the rights of the parking facility operator, including right to remove vehicles
8. Indemnification: Parker's agreement to indemnify the operator for certain losses or damages
9. Governing Law: Specifies that Australian law governs the agreement and identifies relevant jurisdiction
1. Valet Parking Terms: Additional terms specific to valet parking services, used only when valet services are offered
2. Security Measures: Details about security systems and processes, included when specific security features are advertised
3. Payment Terms: Include when the facility charges fees rather than being free parking
4. Special Vehicle Provisions: Additional terms for oversized vehicles, luxury vehicles, or vehicles with special requirements
5. Insurance Requirements: Specific insurance requirements, included when mandatory insurance coverage is required
6. Emergency Procedures: Include for facilities with specific emergency protocols or in high-risk areas
1. Schedule A - Parking Fees: Current fee structure and payment terms if applicable
2. Schedule B - Facility Rules: Detailed rules and regulations for the specific parking facility
3. Schedule C - Operating Hours: Facility operating hours and access restrictions
4. Appendix 1 - Claim Procedure: Process for reporting incidents or damages
5. Appendix 2 - Facility Map: Layout of the parking facility including designated areas and emergency exits
Relevant legal definitions
Clauses
Relevant Industries
Commercial Real Estate
Retail
Healthcare
Hospitality
Entertainment
Education
Transportation
Property Management
Shopping Centers
Corporate Office Parks
Relevant Teams
Legal
Operations
Facility Management
Risk Management
Property Management
Security
Customer Service
Compliance
Asset Management
Contract Administration
Relevant Roles
Facility Manager
Property Manager
Operations Director
Risk Manager
Legal Counsel
Compliance Officer
Security Manager
Parking Operations Supervisor
Building Manager
Asset Manager
Customer Service Manager
Operations Manager
General Counsel
Contract Administrator
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