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Consulting Liability Waiver Template for New Zealand

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Key Requirements PROMPT example:

Consulting Liability Waiver

"I need a Consulting Liability Waiver for my IT consulting firm based in Auckland, which provides cloud migration services to clients across New Zealand and Australia, with specific attention to data protection and cross-border service delivery limitations."

Document background
The Consulting Liability Waiver serves as a critical risk management tool for consultants and consulting firms operating in New Zealand. This document is essential when providing professional advice, recommendations, or services where the consultant needs to limit their exposure to potential claims while maintaining compliance with New Zealand law. It is particularly relevant in situations where consultants make recommendations that may impact significant business decisions or operations. The waiver addresses various aspects of liability limitation, including but not limited to financial losses, implementation risks, and third-party claims, while ensuring compliance with New Zealand's regulatory framework, including the Contract and Commercial Law Act 2017 and Fair Trading Act 1986. This document should be implemented at the outset of any consulting engagement where the scope of work involves significant decision-making influence or high-value recommendations.
Suggested Sections

1. Parties: Identifies the consultant and the client, including full legal names, addresses, and any relevant registration numbers

2. Background: Sets out the context of the consulting relationship and the purpose of the liability waiver

3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation

4. Scope of Services: Outlines the general nature of consulting services covered by the waiver

5. Acknowledgment of Risks: Client's acknowledgment of inherent risks in consulting services and decision-making

6. Limitation of Liability: Core waiver provisions detailing the extent and nature of liability limitations

7. Exclusions from Waiver: Specifies what cannot be waived under NZ law (e.g., gross negligence, willful misconduct)

8. Indemnification: Client's agreement to indemnify consultant for certain claims or losses

9. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance: Details of professional indemnity insurance when the consultant carries specific coverage

2. Confidentiality: Additional confidentiality provisions when sensitive information is involved

3. Intellectual Property: IP provisions when consulting work may involve creation or use of intellectual property

4. Term and Termination: Include when the waiver is tied to a specific time period or project

5. Dispute Resolution: Detailed dispute resolution procedures when parties want to specify mediation or arbitration processes

6. Force Majeure: Include when services might be affected by events beyond reasonable control

7. Assignment: Include when either party might need to transfer rights or obligations

Suggested Schedules

1. Schedule 1 - Specific Services: Detailed description of consulting services covered by the waiver

2. Schedule 2 - Fee Schedule: If relevant, details of consulting fees and payment terms

3. Schedule 3 - Specific Limitations: Detailed breakdown of specific activities or areas where liability is limited

4. Appendix A - Insurance Certificates: Copies of relevant insurance certificates if referenced in the waiver

5. Appendix B - Professional Qualifications: Documentation of consultant's qualifications if relevant to the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses



























Relevant Industries

Management Consulting

IT Consulting

Financial Services

Healthcare

Professional Services

Engineering

Environmental Consulting

Business Strategy

Human Resources

Marketing and Communications

Legal Services

Education and Training

Technology

Manufacturing

Construction

Relevant Teams

Legal

Risk Management

Compliance

Professional Services

Business Development

Consulting

Operations

Human Resources

Finance

Project Management

Relevant Roles

Management Consultant

Business Advisor

Strategy Consultant

IT Consultant

Financial Advisor

Independent Contractor

Professional Services Director

Risk Management Consultant

Business Development Consultant

Technical Consultant

Human Resources Consultant

Operations Consultant

Legal Consultant

Project Management Consultant

Environmental Consultant

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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