The Personal Injury Waiver Form is an essential legal document used across various sectors in New Zealand where activities involve physical risks. It serves as a risk management tool while acknowledging New Zealand's unique ACC system, which affects how personal injury claims are handled. The document is particularly important for businesses and organizations offering recreational, sporting, or adventure activities, as it helps establish a clear understanding between providers and participants about the risks involved. The form must be carefully drafted to comply with New Zealand law, including the Accident Compensation Act 2001, Health and Safety at Work Act 2015, and Contract and Commercial Law Act 2017. While certain liabilities cannot be contracted out of under New Zealand law, the waiver helps document informed consent and risk acknowledgment.
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1. Parties: Identifies the service provider/organization and the participant signing the waiver, including full legal names and contact details
2. Background: Brief context about the activity or services being provided and purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Injuries', 'Risks', etc.
4. Activity Description: Detailed description of the activities covered by the waiver
5. Risk Acknowledgment: Explicit listing and acknowledgment of potential risks and dangers associated with the activities
6. Assumption of Risk: Participant's explicit agreement to voluntarily assume the risks associated with the activities
7. Release of Liability: The core waiver language releasing the organization from liability, subject to ACC and law limitations
8. ACC Acknowledgment: Specific reference to New Zealand's ACC scheme and its implications for injury coverage
9. Emergency Medical Authorization: Authorization for emergency medical treatment if needed
10. Governing Law: Specification that the waiver is governed by New Zealand law
11. Declaration and Signature: Final declaration of understanding and signature blocks for all parties
1. Medical Disclosure: Section for participants to disclose relevant medical conditions or medications - used when activities have specific health requirements or risks
2. Parent/Guardian Consent: Additional section required when the participant is under 18 or lacks capacity to sign
3. Photography and Media Release: Optional consent for taking and using photographs or videos - included when the organization may document activities
4. Equipment Use Agreement: Additional terms regarding use of provided equipment - included when equipment is provided for activities
5. Specific Activity Rules: Detailed rules for particular activities - included for complex or high-risk activities
6. Group Participation: Additional terms for group activities or team events - used when activities involve group participation
1. Schedule 1 - Detailed Risk Description: Comprehensive list of specific risks associated with each activity covered by the waiver
2. Schedule 2 - Safety Rules and Procedures: Detailed safety protocols and procedures that must be followed during activities
3. Schedule 3 - Emergency Contact Information: Form for participant's emergency contact details and relevant medical information
4. Appendix A - Equipment Checklist: List of required or provided equipment and their proper use guidelines
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Fitness and Gyms
Education and Training
Entertainment
Events Management
Tourism
Outdoor Activities
Extreme Sports
Community Services
Youth Programs
Healthcare Services
Relevant Teams
Legal
Risk Management
Operations
Health and Safety
Customer Service
Administration
Front Desk
Compliance
Training
Guest Relations
Relevant Roles
Risk Manager
Health and Safety Officer
Operations Manager
Legal Counsel
Compliance Officer
Activity Coordinator
Sports Coach
Fitness Instructor
Recreation Manager
Tour Guide
Adventure Sport Instructor
Facility Manager
Program Director
Event Manager
Customer Service Manager
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