The Contractor Liability Waiver Form serves as a critical risk management tool in New Zealand's business environment, where organizations regularly engage independent contractors for various services. This document becomes particularly important in situations where contracted work involves inherent risks or specialized activities. It establishes clear boundaries of liability while ensuring compliance with New Zealand's legal framework, including the Health and Safety at Work Act 2015 and Contract and Commercial Law Act 2017. The form should be used before commencing any contractor engagement where the principal organization wishes to clearly define and limit their liability exposure, while ensuring all parties understand their rights, obligations, and the risks involved in the contracted work.
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1. Parties: Identifies and defines all parties to the agreement, including the business/principal and the contractor
2. Background: Explains the context of the relationship and the purpose of the waiver
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Scope of Work: Briefly describes the contracted work or services to which the waiver applies
5. Acknowledgment of Risks: Details the risks associated with the work that the contractor acknowledges and understands
6. Waiver and Release: The core section detailing what liability is being waived and released
7. Exceptions to Waiver: Specifies what cannot be waived under New Zealand law (e.g., gross negligence, ACC claims)
8. Indemnification: Contractor's agreement to indemnify the business against claims related to the waived liability
9. Term and Survival: Duration of the waiver and which provisions survive termination
10. Governing Law: Confirms New Zealand law governs the agreement and jurisdiction for disputes
11. Execution: Signature block and execution requirements
1. Insurance Requirements: Details specific insurance requirements for the contractor - include when the work involves significant risks or high-value projects
2. Emergency Procedures: Outlines emergency response procedures - include for high-risk work environments
3. Specific Safety Protocols: Details safety requirements specific to the work - include for hazardous or specialized work
4. Subcontractor Provisions: Addresses liability related to subcontractors - include when subcontracting is permitted
5. Confidentiality: Adds confidentiality obligations - include when contractor may access sensitive information
6. Dispute Resolution: Details specific dispute resolution procedures - include for complex or high-value contracts
1. Schedule 1 - Description of Services: Detailed description of the contracted work and associated risks
2. Schedule 2 - Specific Risks: Comprehensive list of identified risks specific to the work
3. Schedule 3 - Insurance Requirements: Detailed insurance specifications and minimum coverage requirements
4. Appendix A - Safety Procedures: Relevant safety procedures and protocols
5. Appendix B - Incident Report Form: Standard form for reporting any incidents or accidents
6. Appendix C - Emergency Contact Information: List of emergency contacts and procedures
Relevant legal definitions
Clauses
Relevant Industries
Construction
Mining
Agriculture
Manufacturing
Information Technology
Professional Services
Entertainment
Events Management
Forestry
Maritime
Transportation
Energy
Property Maintenance
Healthcare
Education
Relevant Teams
Legal
Human Resources
Operations
Risk Management
Procurement
Health and Safety
Facilities Management
Project Management
Compliance
Administration
Relevant Roles
Project Manager
Operations Manager
Risk Manager
Health and Safety Officer
Procurement Manager
Contract Administrator
Legal Counsel
HR Manager
Site Supervisor
Facilities Manager
Construction Manager
Event Coordinator
Maintenance Supervisor
Technical Director
Production Manager
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