Employee Liability Waiver And Indemnification Agreement

Employee Liability Waiver And Indemnification Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need an Employee Liability Waiver and Indemnification Agreement for our adventure tourism company based in Queenstown, New Zealand, specifically covering high-risk activities like bungee jumping and white-water rafting, to be implemented by March 2025."

Document background

The Employee Liability Waiver And Indemnification Agreement is designed for use in employment relationships where workers may be exposed to specific identified risks or hazards in their regular duties. This document is particularly relevant in New Zealand's legal framework, where employers must navigate between risk management and mandatory employee protections. It's commonly used in high-risk industries or roles where additional acknowledgment of risks and clear liability frameworks are necessary. The agreement must comply with New Zealand's robust employment laws, including the Employment Relations Act 2000, Health and Safety at Work Act 2015, and ACC legislation. It typically includes detailed risk acknowledgments, specific waiver provisions, indemnification terms, and clear statements about what cannot be waived under New Zealand law.

Suggested Sections

1. Parties: Identifies the employer and employee, including full legal names and addresses

2. Background: Explains the context of the agreement, employment relationship, and purpose of the waiver

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Scope of Employment: Outlines the employee's role, duties, and general scope of employment activities covered by the waiver

5. Acknowledgment of Risks: Details the potential risks and hazards associated with the employment that the employee acknowledges

6. Waiver of Liability: Specifies what liabilities are being waived, subject to NZ law limitations

7. Indemnification: Details the employee's agreement to indemnify the employer for specified claims or damages

8. Exceptions and Limitations: Lists what cannot be waived under NZ law, including ACC claims and statutory rights

9. Duration and Survival: Specifies how long the waiver remains in effect, including post-employment provisions

10. Governing Law: Confirms New Zealand law governs the agreement and jurisdiction for disputes

11. Execution: Signature blocks and execution requirements for both parties

Optional Sections

1. Specific Activity Waivers: Additional waivers for specific high-risk activities or special duties, used when role involves particular hazards

2. Third Party Rights: Addresses rights of third parties affected by the waiver, used when external stakeholders are involved

3. Insurance Requirements: Specifies additional insurance requirements, used for high-risk roles or specialized positions

4. Confidentiality Provisions: Additional confidentiality obligations, used when waiver involves sensitive information

5. Dispute Resolution: Specific dispute resolution procedures, used when standard court proceedings are not preferred

6. Severability: Provisions for partial invalidity, used in complex agreements with multiple independent provisions

Suggested Schedules

1. Schedule 1: Risk Assessment: Detailed assessment of workplace risks and hazards relevant to the waiver

2. Schedule 2: Excluded Activities: List of specific activities or circumstances not covered by the waiver

3. Schedule 3: Safety Procedures: Relevant safety procedures and protocols that the employee must follow

4. Appendix A: Employee Acknowledgment Form: Separate acknowledgment form confirming employee understanding of risks

5. Appendix B: Incident Reporting Procedures: Procedures for reporting incidents or accidents

6. Appendix C: Insurance Certificates: Copies of relevant insurance certificates and coverage details

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Construction

Manufacturing

Mining

Agriculture

Sports and Recreation

Entertainment

Security Services

Maritime

Aviation

Healthcare

Research and Development

Chemical Industry

Adventure Tourism

Emergency Services

Industrial Services

Transportation

Relevant Teams

Human Resources

Legal

Operations

Health and Safety

Risk Management

Field Operations

Research and Development

Maintenance

Security

Emergency Response

Quality Assurance

Manufacturing

Logistics

Clinical Operations

Relevant Roles

Construction Worker

Machine Operator

Mining Engineer

Agricultural Worker

Sports Instructor

Stunt Performer

Security Guard

Maritime Officer

Pilot

Healthcare Worker

Laboratory Technician

Chemical Engineer

Tour Guide

Emergency Responder

Industrial Technician

Truck Driver

Warehouse Manager

Field Researcher

Safety Inspector

Maintenance Technician

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