Public Liability Waiver

Public Liability Waiver Template for New Zealand

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Key Requirements PROMPT example:

"I need a Public Liability Waiver for my new adventure tourism business in Auckland, covering multiple high-risk activities including bungee jumping and rock climbing, with specific provisions for both adult participants and minors."

Document background

This Public Liability Waiver is essential for businesses and organizations operating in New Zealand that provide services or activities carrying inherent risks. The document serves as a risk management tool while ensuring compliance with New Zealand's legal framework, including consumer protection laws and health and safety regulations. It is particularly valuable for businesses in recreational, sporting, and adventure tourism sectors, but is also applicable across many service-based industries. The waiver includes comprehensive risk acknowledgments, clear liability releases, and mandatory statutory notices, while recognizing that certain rights cannot be contracted out of under New Zealand law. The document should be regularly reviewed and updated to reflect changes in activities offered and evolving legal requirements.

Suggested Sections

1. Parties: Identification of the service provider/business and the individual/entity signing the waiver

2. Background: Context of the waiver, nature of activities or services covered, and general purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the waiver, including 'Activities', 'Premises', 'Liability', and 'Claims'

4. Acknowledgment of Risks: Participant's acknowledgment of inherent risks in the activities covered by the waiver

5. Assumption of Risk: Express statement that the participant voluntarily assumes all risks related to the activities

6. Waiver and Release: Core waiver provisions releasing the business from liability, with clear scope and limitations

7. Statutory Rights Notice: Mandatory section acknowledging that certain statutory rights cannot be waived under NZ law

8. Medical Authorization: Authorization for emergency medical treatment if needed during activities

9. Governing Law: Specification that the waiver is governed by New Zealand law

10. Execution: Signing provisions, including date and witness requirements

Optional Sections

1. Photo/Video Release: Optional clause for permission to use participant's image in promotional materials

2. Equipment Usage: Additional terms regarding use of equipment, to be included if equipment is provided

3. Group Activities: Special provisions for group participation, needed when activities involve multiple participants

4. Minor Participation: Additional provisions required when the participant is under 18, including parental consent

5. Insurance Requirements: Specific insurance requirements or acknowledgments, if applicable to the activity

6. Specific Activity Rules: Detailed rules for particular activities, included when specific safety protocols must be followed

7. Term and Termination: Include when the waiver needs to cover an ongoing period rather than a single event

Suggested Schedules

1. Schedule 1 - Description of Activities: Detailed list and description of activities covered by the waiver

2. Schedule 2 - Safety Rules and Procedures: Comprehensive safety guidelines and procedures for covered activities

3. Schedule 3 - Emergency Protocols: Emergency procedures and contact information

4. Appendix A - Medical Information Form: Optional form for participant's relevant medical information

5. Appendix B - Equipment Checklist: List of required or provided equipment for activities

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Adventure Tourism

Entertainment

Education and Training

Fitness and Wellness

Events Management

Tourism

Hospitality

Community Services

Sports Facilities

Adventure Parks

Outdoor Activities

Clinical Services

Recreational Facilities

Tourism Activities

Relevant Teams

Legal

Operations

Risk Management

Compliance

Customer Service

Safety and Security

Events

Program Management

Guest Relations

Administration

Relevant Roles

Business Owner

Operations Manager

Risk Manager

Compliance Officer

Legal Counsel

Safety Coordinator

Activity Supervisor

Facility Manager

Events Manager

Customer Service Manager

Program Director

Tour Guide

Instructor

Recreation Coordinator

General Manager

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