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.
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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
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
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
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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