This document template is designed for organizations and businesses operating in New Zealand that need to manage risk and liability associated with potentially hazardous activities. The Accident Waiver is particularly crucial in contexts where participants engage in activities with inherent risks, requiring formal acknowledgment and acceptance of these risks. It is structured to comply with New Zealand's unique legal framework, including the ACC scheme, which provides no-fault accident compensation. The document includes essential elements such as risk disclosure, liability limitations, emergency procedures, and participant declarations, while ensuring alignment with New Zealand's health and safety regulations and consumer protection laws. This template is especially relevant for adventure tourism, sports activities, recreational programs, and other risk-involved services operating within New Zealand's jurisdiction.
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1. Parties: Identifies all parties to the agreement, including the organization/individual seeking the waiver and the participant signing it
2. Background: Explains the context of the activities or services being provided and why a waiver is necessary
3. Definitions: Defines key terms used throughout the document, including 'Activities', 'Injuries', 'Claims', etc.
4. Risk Acknowledgment: Clearly outlines the risks associated with the activities and confirms the participant's understanding of these risks
5. Waiver and Release: The core waiver language releasing the organization from liability, with specific reference to New Zealand law and ACC provisions
6. Participant Declarations: Statements confirming the participant's fitness, understanding, and voluntary acceptance of risks
7. Health and Safety Compliance: Acknowledges compliance with relevant health and safety regulations and procedures
8. Emergency Authorization: Authorization for emergency medical treatment if needed
9. Governing Law: Specifies New Zealand law as governing law and jurisdiction
10. Execution: Signature blocks and execution details including witness requirements
1. Photography and Media Release: Optional section for permission to use photographs or videos of participants, relevant for sporting or recreational activities
2. Equipment Usage: Additional section when specific equipment is being used, detailing proper use and associated risks
3. Medical Disclosure: Required when activities need disclosure of medical conditions or fitness levels
4. Parent/Guardian Consent: Mandatory addition when participants are under 18 or lack capacity to contract
5. Group Activities: Additional provisions for group activities or team events
6. Insurance Requirements: Details any additional insurance requirements beyond ACC coverage
1. Schedule 1 - Activity Description: Detailed description of the activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3 - Safety Procedures: Outline of safety procedures and protocols to be followed
4. Appendix A - Emergency Contacts: Form for participant's emergency contact information
5. Appendix B - Medical Information: Optional form for relevant medical information when required
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Education
Fitness and Wellness
Entertainment
Events Management
Tourism
Outdoor Activities
Community Services
Youth Programs
Relevant Teams
Legal
Risk Management
Operations
Compliance
Health and Safety
Customer Relations
Program Management
Event Operations
Field Operations
Relevant Roles
Risk Manager
Operations Director
Legal Counsel
Compliance Officer
Safety Coordinator
Event Manager
Program Director
Recreation Coordinator
Adventure Guide
Facility Manager
Sports Coach
Tourism Operator
Activities Director
Health and Safety Officer
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