The Occupiers Waiver is essential for Australian businesses and property owners who need to manage liability risks associated with third parties entering their premises. This document is particularly relevant in contexts where visitors, customers, or contractors access properties for various purposes, from recreational activities to business operations. The waiver must comply with state-specific Civil Liability Acts and the Australian Consumer Law, ensuring a balance between the occupier's need to limit liability and the entrant's consumer rights. An Occupiers Waiver typically includes comprehensive risk warnings, clear acknowledgments, and specific terms regarding the scope of the waiver, while considering legal limitations on excluding liability for certain types of conduct. It's commonly used in various settings from commercial properties to recreational facilities, requiring regular review to maintain compliance with evolving legislation and case law.
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1. Parties: Identification of the occupier/property owner and the entrant(s) to whom the waiver applies
2. Background: Context of the waiver, including description of the premises and general purpose of entry
3. Definitions: Key terms used throughout the waiver, including 'Premises', 'Activities', 'Risks', etc.
4. Risk Warning: Explicit warning about the risks associated with entering and using the premises
5. Acknowledgment of Risks: Entrant's acknowledgment of understanding and accepting the risks
6. Waiver and Release: Core waiver provisions releasing the occupier from liability
7. Entrant Obligations: Specific obligations and conduct requirements for the entrant while on premises
8. Indemnity: Entrant's agreement to indemnify the occupier for certain losses or damages
9. Governing Law: Specification of applicable law and jurisdiction
10. Execution: Signing provisions and declaration of understanding
1. Emergency Procedures: Include when the premises has specific emergency protocols that entrants must be aware of
2. Insurance: Include when entrants are required to maintain their own insurance coverage
3. Special Conditions: Include when there are specific conditions or requirements for particular areas or activities
4. Parent/Guardian Consent: Include when the waiver may apply to minors
5. Medical Disclosure: Include when activities involve physical exertion or specific health risks
6. Photography/Recording: Include when there are specific rules about photography or recording on premises
1. Schedule 1 - Description of Premises: Detailed description and/or plan of the premises covered by the waiver
2. Schedule 2 - Specific Risks: Detailed list of specific risks associated with the premises or activities
3. Schedule 3 - Safety Rules: Specific safety rules and procedures that must be followed
4. Appendix A - Emergency Contacts: List of emergency contacts and procedures
5. Appendix B - Condition Report: Current condition of premises and any known hazards
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Sports and Recreation
Retail
Entertainment
Education
Healthcare
Manufacturing
Warehousing
Hospitality
Construction
Mining
Agriculture
Event Management
Fitness and Wellness
Relevant Teams
Legal
Operations
Facilities Management
Risk Management
Health and Safety
Property Management
Compliance
Customer Service
Security
Administration
Relevant Roles
Facility Manager
Property Manager
Risk Manager
Legal Counsel
Operations Manager
Safety Officer
Compliance Officer
General Manager
Business Owner
Site Manager
Events Coordinator
Recreation Manager
Asset Manager
Contract Administrator
Health and Safety Manager
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