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1. Parties: Identifies and defines all parties to the agreement, including their legal status and contact details
2. Background: Sets out the context and purpose of the agreement, including the relationship between the parties
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Scope of Liability: Clearly defines what activities, services, or products are covered by the liability provisions
5. Limitation of Liability: Specifies the extent and limitations of liability, including maximum liability amounts and excluded losses
6. Indemnification: Details the circumstances under which one party will indemnify the other
7. Insurance Requirements: Specifies required insurance coverage and minimum policy amounts
8. Claims Process: Outlines the procedure for making and handling liability claims
9. Force Majeure: Addresses circumstances beyond parties' control that may affect liability
10. Dispute Resolution: Sets out the process for resolving disputes between parties
11. Term and Termination: Specifies the duration of the agreement and circumstances for termination
12. Governing Law: Confirms New Zealand law governs the agreement and jurisdiction for disputes
1. Confidentiality: Include when parties will share sensitive information during the course of their relationship
2. Intellectual Property: Include when liability relates to or involves intellectual property rights
3. Special Risks: Include when specific high-risk activities need separate consideration
4. Consumer Guarantees Act Provisions: Include when dealing with consumers, addressing whether the Act applies or is contracted out of
5. Health and Safety Provisions: Include when liability relates to workplace activities or public safety
6. Environmental Liability: Include when activities could have environmental impacts
7. Data Protection and Privacy: Include when personal data processing is involved
8. Subcontractor Liability: Include when subcontractors may be involved in relevant activities
1. Schedule 1 - Insurance Requirements: Detailed breakdown of required insurance policies, coverage amounts, and special conditions
2. Schedule 2 - Liability Caps: Detailed breakdown of liability limits for different types of losses or incidents
3. Schedule 3 - Claims Procedure: Detailed step-by-step process for making and handling claims
4. Schedule 4 - High Risk Activities: Detailed list of activities considered high risk and specific liability provisions for each
5. Appendix A - Incident Report Form: Standard form for reporting incidents that may lead to liability claims
6. Appendix B - Contact Details: List of key contacts for liability-related communications and claims handling
7. Appendix C - Required Notices: Ƶ for required notices under the agreement
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