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If you’re running a business that carries a risk to your customers, it’s a good idea to have a waiver in place. This simple yet effective document can help safeguard your business liability while ensuring your customers fully understand the risks they are taking on.
A waiver not only protects your business if anything untoward happens to your customers during your activities, but it also underscores your commitment to transparency and risk management. As part of your wider legal strategy, you may also want to review your contracts and legal tips to ensure you are comprehensively covered.
A waiver could be a crucial document for many businesses, particularly in sectors such as adventure tourism, fitness centres and other high-risk recreational services. So let’s go through why you might need one and how it can benefit your business in 2025!
What Is A Waiver?
A waiver is a legal document that your customers sign before engaging with your services. It establishes that they acknowledge the inherent risks associated with your business. By signing the waiver, they agree not to hold your business legally responsible if an incident occurs, provided that you have adhered to the proper legal standards.
Sometimes, a waiver is also referred to as a ‘disclaimer’ or ‘release form’, terms you might come across in various sectors. For further insight into related legal documents, check out our discussion on what makes a contract legally binding.
Put simply, a waiver does two things:
- It informs your customers of the risks involved in engaging with your business.
- It helps protect your business from potential liability related to those risks.
When Do I Need A Waiver?
If your business offers goods or services that inherently carry risk, especially in high-adrenaline or recreational pursuits, you should consider having a waiver in place. This not only serves to notify your customers of the potential dangers but also strengthens your case in court should any disputes arise.
For example, if your business is involved in activities such as rock climbing, water sports, or even specialised events, a waiver is a robust method to limit your liability. In addition, linking your waiver with comprehensive customer contracts—like detailed service agreements or terms & conditions—ensures you cover all legal bases.
It’s important to remember that a waiver does not replace comprehensive customer contracts. Your customer contracts should cover payment, delivery, supply, termination, and other critical terms, while the waiver specifically focuses on risk acknowledgement and liability protection.
In many cases, a waiver can be incorporated into your broader customer contract. However, if your business involves high-risk or recreational activities, having a stand-alone waiver is a more robust option. This separate document signals to the courts that your customers were given clear, explicit notice of the risks before engaging in your services.
Recent legal updates for 2025 now highlight that courts view stand-alone waivers as more persuasive evidence of informed consent. For further guidance on legal documentation, you might explore our article on why a lawyer should review your contract.
How Do I Use A Waiver?
In New Zealand, a waiver is a legal document that can be executed as either a deed or an agreement, depending on your specific requirements. To be enforceable as a deed, it must be in writing, clearly state an intention to be a deed, be signed by the party to be bound, and be delivered. Modern legal practices in 2025 now accommodate electronic signatures, provided they comply with the requirements of the Contract and Commercial Law Act 2017 and are reliable for the intended purpose.
If you’re considering a waiver for your business, it’s crucial to understand these legal requirements and ensure it is drafted correctly. Proper drafting means not only protecting your business from liability but also reinforcing clear communication with your customers about the risks involved.
Many businesses with recreational or high-risk activities—such as adventure tourism operators, fitness centres, or even specialised sports clubs—require a waiver that customers must sign before participating. For more details about the requirements and benefits of such documents, our guide on comprehensive legal requirements for starting a business is an excellent resource.
Additionally, it’s a good idea to periodically review and update your waiver, ensuring that it reflects any changes in the law and remains robust in the event of disputes. Regular reviews can be easily managed with advice from our dedicated team, who can help tailor your waiver to meet current best practices in 2025.
Need Help?
If you’re unsure whether you require a waiver or if you’d like to explore additional methods to protect your business from risk, we’re here to assist. Our thorough review services and bespoke legal advice ensure your business is fully protected.
Please feel free to reach out to our friendly team on 0800 002 184 or email us at [email protected]. For more insights and guidance on managing business risk legally, you might also browse our Legal Tips page.
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