This Non-Liability Contract serves as a crucial legal instrument for businesses and individuals operating under New Zealand law who need to establish clear boundaries of liability in their professional relationships. It is particularly valuable in situations where parties need to protect themselves from potential claims while maintaining compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and consumer protection legislation. The document is designed for use in various commercial contexts, from professional services to high-risk activities, and includes comprehensive provisions for liability limitations, exclusions, and risk allocation. It addresses key considerations such as statutory compliance, insurance requirements, and specific carve-outs for circumstances where liability cannot be limited by law, ensuring that parties can conduct their business with clarity regarding their risk exposure and legal obligations.
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1. Parties: Identifies and defines all parties to the contract, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement for clarity and certainty
4. Scope of Services/Relationship: Clearly defines what activities, services, or relationship the non-liability provisions apply to
5. Liability Exclusions: Explicitly states which liabilities are excluded, with specific detail and clear language
6. Liability Limitations: Sets out any caps or limitations on liability that may apply where complete exclusion is not possible
7. Indemnities: Details any indemnities provided by either party
8. Insurance: Specifies required insurance coverage related to the liability arrangements
9. Term and Termination: Defines the duration of the agreement and circumstances for termination
10. General Provisions: Standard contract clauses including governing law, entire agreement, and severability
1. Warranties: Include when specific warranties are being given or excluded - particularly relevant for goods or services contracts
2. Force Majeure: Include when parties want to specify circumstances beyond their control that excuse performance
3. Dispute Resolution: Include when parties want to specify particular dispute resolution procedures
4. Confidentiality: Include when confidential information will be shared between parties
5. Assignment: Include when either party may need to transfer their rights or obligations
6. Intellectual Property: Include when IP rights are relevant to the relationship
1. Schedule 1 - Specific Exclusions: Detailed list of specific activities, losses, or damages excluded from liability
2. Schedule 2 - Insurance Requirements: Detailed insurance requirements including types of coverage and minimum amounts
3. Schedule 3 - Service Level Agreement: If applicable, details of service levels and associated liability limitations
4. Appendix A - Risk Assessment: Documentation of risks assessed and corresponding liability arrangements
5. Appendix B - Incident Reporting Procedures: Procedures for reporting and handling incidents that may give rise to liability
Relevant legal definitions
Clauses
Relevant Industries
Technology
Professional Services
Events and Entertainment
Construction
Sports and Recreation
Healthcare
Education
Manufacturing
Transport and Logistics
Retail
Relevant Teams
Legal
Risk Management
Operations
Compliance
Commercial
Procurement
Business Development
Executive Leadership
Insurance
Contract Administration
Relevant Roles
Legal Counsel
Risk Manager
Operations Director
Contract Manager
Business Development Manager
Compliance Officer
Project Manager
General Manager
Chief Executive Officer
Chief Risk Officer
Insurance Manager
Commercial Director
Procurement Manager
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