The Waiver And Release agreement is a critical legal document used in New Zealand business operations where activities involve inherent risks or potential liabilities. This document is essential for businesses and organizations seeking to manage their legal exposure while maintaining transparency with participants. The agreement must be carefully drafted to comply with New Zealand legislation, including the Accident Compensation Act 2001, Fair Trading Act 1986, and Consumer Guarantees Act 1993. It typically includes comprehensive risk acknowledgments, clear waiver provisions, and specific terms regarding what rights are being relinquished. The document is particularly relevant in sectors such as adventure tourism, sports, and recreational activities, where participants need to acknowledge and accept inherent risks before participating.
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1. Parties: Identifies all parties to the agreement, including full legal names and addresses
2. Background: Explains the context and purpose of the waiver, including the activity or circumstances involved
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Acknowledgment of Risks: Clearly states the risks involved in the activity that the releasor acknowledges and understands
5. Waiver and Release: Core section detailing what rights are being waived and released, including specific claims and liabilities
6. Indemnification: Outlines the releasor's agreement to indemnify the releasee against certain claims
7. Medical Authorization: Permits emergency medical treatment if needed during the activity
8. Governing Law: Specifies that New Zealand law governs the agreement and jurisdiction for disputes
9. Execution: Signature block with date and witness provisions
1. Parent/Guardian Consent: Required when the releasor is under 18 years of age
2. Insurance Provisions: Details about insurance requirements or coverage, particularly relevant for high-risk activities
3. Photo/Video Release: Permission to use photographs or videos of the participant, often needed for commercial activities
4. Physical Fitness Declaration: Participant's confirmation of physical ability to participate, important for physical activities
5. Severability Clause: Ensures remaining provisions stay valid if any part is found unenforceable
6. Modification Terms: Conditions under which the waiver can be modified
7. Survival Clause: Specifies which provisions survive termination of the agreement
1. Schedule 1 - Description of Activities: Detailed list of activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of risks associated with the activities
3. Schedule 3 - Safety Procedures: Outline of safety procedures and protocols that will be followed
4. Schedule 4 - Emergency Contacts: List of emergency contact information for the participant
5. Appendix A - Proof of Identity: Requirements for identity verification of the releasor
6. Appendix B - Medical Information Form: Optional medical information form for relevant activities
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Education and Training
Entertainment
Fitness and Wellness
Medical and Healthcare
Events and Conferences
Outdoor Activities
Hospitality
Transportation
Construction
Research and Development
Professional Services
Property Management
Relevant Teams
Legal
Risk Management
Operations
Compliance
Safety and Security
Events Management
Facility Operations
Program Management
Customer Service
Human Resources
Business Development
Quality Assurance
Relevant Roles
Legal Counsel
Risk Manager
Operations Director
Compliance Officer
Safety Coordinator
Event Manager
Facility Manager
Program Director
Adventure Guide
Sports Coach
Training Coordinator
Business Owner
Recreation Manager
Tourism Operator
General Manager
Human Resources Director
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