The Waiver of Liability and Hold Harmless Agreement is a crucial legal document used in New Zealand business operations where there are inherent risks in activities or services provided. This document serves two primary functions: first, it acts as a waiver where participants acknowledge risks and agree not to hold the provider liable for potential injuries or losses; second, it includes an indemnification clause where participants agree to protect the provider from third-party claims. The agreement must be carefully drafted to comply with New Zealand law, particularly considering the Accident Compensation scheme, consumer protection legislation, and contract law principles. It's commonly used in sports facilities, adventure tourism, educational institutions, and various business contexts where risk management is essential.
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1. Parties: Identifies and defines the parties to the agreement - typically the party granting the waiver (Releasor) and the party being released from liability (Releasee)
2. Background: Explains the context of the agreement, including the activity or relationship giving rise to the need for the waiver
3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Liability', 'Loss', and specific activity-related terms
4. Acknowledgment of Risks: Details the risks involved in the activity and confirms the Releasor's understanding and voluntary acceptance of these risks
5. Waiver and Release: The core provision where the Releasor waives their rights to make claims against the Releasee
6. Hold Harmless and Indemnification: Provision where the Releasor agrees to indemnify and hold the Releasee harmless from any claims
7. Exceptions to Waiver: Specifies what cannot be waived under New Zealand law, including rights under the Consumer Guarantees Act and ACC scheme
8. General Provisions: Standard contract clauses including governing law, severability, and entire agreement provisions
9. Execution: Signature blocks and execution requirements, including witness provisions if required
1. Insurance: Details any insurance requirements or acknowledgments - used when specific insurance coverage is relevant to the activity
2. Medical Authorization: Grants permission for emergency medical treatment - used for athletic events or activities with physical risks
3. Media Release: Permission to use photographs or recordings - included when the activity may involve photography or recording
4. Parent/Guardian Consent: Additional section for minors - required when the Releasor is under 18 years of age
5. Specific Activity Rules: Details specific rules or protocols - used when the activity has particular requirements or regulations
6. Term and Termination: Specifies duration of the waiver - included when the waiver covers an ongoing activity or relationship
7. Dispute Resolution: Sets out process for handling disputes - recommended for high-risk activities or substantial relationships
1. Schedule 1 - Description of Activities: Detailed description of the activities or services covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3 - Safety Procedures: Details of safety procedures and protocols that must be followed
4. Appendix A - Emergency Contact Information: Form for emergency contact details and relevant medical information
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Education
Events and Entertainment
Fitness and Wellness
Property Management
Construction
Voluntary and Community
Healthcare
Professional Services
Retail
Manufacturing
Relevant Teams
Legal
Risk Management
Operations
Compliance
Health and Safety
Customer Relations
Administration
Events Management
Facilities Management
Business Development
Relevant Roles
Risk Manager
Legal Counsel
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Compliance Manager
Business Owner
Recreation Director
Program Administrator
Athletic Director
Tour Guide
Volunteer Coordinator
General Manager
Contract Administrator
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