The Pool Waiver serves as a critical risk management tool for swimming pool operators in New Zealand, designed to protect both facility operators and users by clearly documenting understood risks and responsibilities. This document is essential for any business or organization operating a swimming pool facility, whether it's a public pool, hotel, fitness center, or educational institution. The waiver must comply with New Zealand's robust safety regulations, including the Building Act 2004 and its amendments, while addressing specific liability considerations under the Accident Compensation Act 2001. It should be used before allowing participants to access pool facilities and must be updated regularly to reflect any changes in legislation or safety requirements. The document typically includes comprehensive safety protocols, medical declarations, and emergency procedures, making it an essential component of pool facility risk management.
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1. Parties: Identification of the pool facility operator/owner and the participant (or guardian if participant is a minor)
2. Background: Brief context about the pool facility and purpose of the waiver
3. Definitions: Key terms used in the waiver including 'Activities', 'Facility', 'Rules', 'Staff'
4. Acknowledgment of Risks: Detailed outline of inherent risks associated with pool use and water activities
5. Assumption of Risk: Participant's explicit acknowledgment and acceptance of the identified risks
6. Waiver of Liability: Core waiver language releasing the facility from liability for specified risks and incidents
7. Safety Rules and Compliance: Participant's agreement to follow all posted rules and staff instructions
8. Medical Declaration: Participant's confirmation of physical fitness and disclosure of relevant medical conditions
9. Emergency Contact: Contact details for emergency situations
10. Execution: Signature blocks and date, including witness signature if required
1. Group Activities: Additional terms for group bookings or organized activities - include when the waiver covers group events
2. Photography Consent: Permission for facility to take and use photographs - include for facilities that take promotional photos
3. Equipment Usage: Specific terms for use of pool equipment - include when facility provides specialized equipment
4. Special Needs Provisions: Additional accommodations and requirements for participants with special needs - include when relevant
5. Covid-19/Health Emergency Provisions: Special health and safety protocols during public health emergencies - include during relevant periods
6. Translation Declaration: Confirmation that non-English speakers understand the waiver - include when document is translated or interpreter used
1. Schedule 1: Pool Rules and Regulations: Comprehensive list of facility rules and safety regulations
2. Schedule 2: Specific Risk Acknowledgment: Detailed list of specific risks requiring separate initialing
3. Schedule 3: Medical Condition Disclosure Form: Detailed medical information form for relevant conditions
4. Appendix A: Emergency Procedures: Overview of facility emergency procedures and evacuation plans
5. Appendix B: Facility Map: Layout of pool facility marking emergency exits and safety equipment
Authors
Relevant legal definitions
Clauses
Relevant Industries
Recreation and Sports
Hospitality
Tourism
Education
Health and Fitness
Property Management
Local Government
Insurance
Legal Services
Healthcare
Relevant Teams
Legal
Operations
Risk Management
Health and Safety
Facilities Management
Guest Services
Maintenance
Emergency Response
Compliance
Customer Relations
Relevant Roles
Facility Manager
Risk Management Officer
Health and Safety Coordinator
Operations Manager
Legal Counsel
Compliance Officer
Pool Supervisor
Recreation Director
Property Manager
Insurance Manager
Swimming Instructor
Guest Services Manager
Maintenance Manager
Emergency Response Coordinator
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