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Release Waiver Template for New Zealand

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Key Requirements PROMPT example:

Release Waiver

"I need a Release Waiver for my adventure tourism company in Queenstown that offers bungee jumping and zip-lining activities, with specific emphasis on equipment safety acknowledgments and clear photo/media release provisions."

Document background
A Release Waiver is an essential risk management tool used in New Zealand business operations where participants engage in activities that carry inherent risks. This document is particularly crucial in sectors such as adventure tourism, sports, recreational activities, and event management. The waiver must be carefully drafted to comply with New Zealand's specific legal requirements, including the limitations imposed by the ACC scheme, Consumer Guarantees Act, and Fair Trading Act. While a Release Waiver can help manage certain liability risks, it cannot contract out of statutory obligations or ACC coverage. The document typically includes detailed risk acknowledgments, clear descriptions of activities covered, and specific provisions about what is and isn't being waived, ensuring transparency and enforceability within the New Zealand legal context.
Suggested Sections

1. Parties: Identification of the party providing the release (Releasor) and the party being released (Releasee), including full legal names and addresses

2. Background: Brief context explaining the purpose of the waiver and the activity or circumstances it relates to

3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Claims', and 'Losses'

4. Acknowledgment of Risks: Detailed description of the risks being assumed by the Releasor, with specific examples where applicable

5. Waiver and Release: Core section detailing what rights are being waived and claims being released

6. Exceptions to Release: Clear statement of what cannot be waived under New Zealand law, including ACC claims and consumer guarantees

7. Representations and Warranties: Statements by the Releasor confirming their capacity to enter into the agreement and understanding of its implications

8. Governing Law: Specification that the waiver is governed by New Zealand law

9. Execution: Signature blocks for all parties, including witness signatures if required

Optional Sections

1. Medical Authorization: Optional section authorizing emergency medical treatment if the waiver relates to physical activities or events

2. Photo/Media Release: Optional section for releasing rights to use photographs or recordings, particularly relevant for events or activities

3. Parent/Guardian Consent: Required when the Releasor is under 18 years of age

4. Insurance Acknowledgment: Optional section acknowledging insurance requirements or recommendations for participation

5. Severability: Optional clause stating that if any portion of the waiver is found to be unenforceable, the remainder stays in effect

6. Indemnification: Optional section where the Releasor agrees to indemnify the Releasee against third-party claims

7. Term and Survival: Optional section specifying how long the waiver remains in effect and which provisions survive termination

Suggested Schedules

1. Schedule A - Description of Activities: Detailed list and description of activities covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule C - Safety Rules and Procedures: List of safety rules, procedures, and requirements that the Releasor must follow

4. Appendix 1 - Emergency Contact Information: Form for emergency contact details and relevant medical information

5. Appendix 2 - Equipment Requirements: List of required or recommended equipment and safety gear if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses

























Relevant Industries

Sports and Recreation

Entertainment

Education

Tourism and Hospitality

Health and Fitness

Adventure Tourism

Events Management

Professional Training

Outdoor Activities

Community Services

Equipment Rental

Wellness and Alternative Therapies

Relevant Teams

Legal

Risk Management

Operations

Customer Service

Health and Safety

Compliance

Events

Recreation

Training

Guest Relations

Relevant Roles

Risk Manager

Legal Counsel

Operations Manager

Event Coordinator

Safety Officer

Compliance Manager

Business Owner

Recreation Director

Facility Manager

Program Coordinator

Tour Guide

Sports Coach

Training Coordinator

Customer Service Manager

Adventure Activity Operator

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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