Excluding Liability for Death and Injury (2026 Updated)

If you run a business where customers (or staff) could get hurt - think events, fitness, trades, hospitality, construction, or any hands-on service - it’s normal to wonder: can I just add a clause that says I’m not liable if someone is injured or dies?

This (2026 updated) guide walks you through what you can and can’t do in New Zealand, why certain “no liability” clauses don’t work the way people think, and how to reduce your risk without relying on a flimsy template.

Because when something goes wrong, it’s rarely the “big scary lawsuit” people imagine - it’s disputes over refunds, complaints to regulators, reputational damage, and time-consuming arguments about what your contract actually said.

What Does “Excluding Liability For Death And Injury” Actually Mean?

When business owners talk about “excluding liability for death and injury”, they’re usually trying to do one (or more) of these things:

• Limit customer claims if someone is hurt while using a service (e.g. gym, trampoline park, guided tour).
• Manage risk in higher-danger activities (e.g. outdoor adventure, machinery hire, workshops).
• Prevent “everything is your fault” disputes where a customer blames you even if they ignored instructions.
• Reduce financial exposure by capping damages, excluding indirect loss, or setting strict time limits.

Legally, this usually sits inside your contracts and customer-facing documents - for example:

• website terms and conditions
• booking terms
• in-store signage
• membership agreements
• event entry conditions
• supplier agreements (where risk flows between businesses)

These clauses are part of your overall risk settings - alongside insurance, safety systems, staff training, and compliance. It’s not just a “legal words” problem.

It also helps to zoom out and remember what “liability” is in the first place - it’s simply your potential legal responsibility when something goes wrong. If you want a simple primer, What Is Liability is a useful starting point.

Excluding Liability Vs Limiting Liability

In practice, completely excluding liability for death or injury is rarely as straightforward as people hope.

That’s why many businesses focus on limiting liability rather than trying to exclude it entirely - for example, limiting your exposure to:

• a fixed dollar amount
• the value of the customer’s booking fee
• direct loss only (excluding indirect or consequential loss)
• losses caused by your negligence (but not other causes)

These are all different tools, and they don’t all work in the same way. The concept is explained in plain English in Limitation Of Liability.

Can You Exclude Liability For Death And Personal Injury In NZ?

This is where it gets nuanced. In New Zealand, “injury and death liability” doesn’t sit in one neat bucket, because different legal regimes can apply depending on who is injured, how it happened, and what kind of claim is being brought.

1) ACC Changes The Lawsuit Landscape (But Doesn’t Make You “Safe”)

New Zealand’s ACC scheme generally means people can’t sue for compensatory damages for personal injury in the same way they might in some other countries.

That’s helpful - but it’s not a free pass.

Depending on the circumstances, businesses can still face:

• regulatory enforcement (for example, WorkSafe investigations and prosecutions)
• fines and penalties under health and safety law
• contract disputes (e.g. refund demands, cancellation disputes, “you breached your promise to keep it safe”)
• reputational and commercial fallout (bad reviews, media attention, loss of customers)

So even though ACC can reduce certain claim types, you should still treat injury risk as something to actively manage - and draft documents on the assumption that they might be tested when you’re already under pressure.

2) Consumers: You Usually Can’t Contract Out Of Key Rights

If you sell to customers for personal use (not “in trade”), you need to be careful about relying on a liability waiver as if it overrides consumer protections.

Two key laws matter here:

• Consumer Guarantees Act 1993 (CGA): gives consumers automatic guarantees (for services, things like reasonable care and skill; for products, acceptable quality, etc.). In most consumer situations, you can’t just “sign away” these rights.
• Fair Trading Act 1986 (FTA): prohibits misleading or deceptive conduct and includes rules around unfair contract terms in standard form consumer contracts.

What does that mean in plain terms? If your clause suggests “you have no rights if you’re injured” or “we’re not responsible for anything, ever”, that can be a problem - not only because it may be unenforceable, but because it can create extra risk (for example, being accused of misleading customers about their rights).

This is especially important for businesses that also deal with product-related risk (e.g. equipment, cosmetics, food, toys). Even if the immediate issue is an injury, your obligations can overlap with product safety and guarantees - Product Liability is relevant reading if you sell physical goods.

3) B2B Contracts: More Freedom (If You Do It Properly)

If you’re contracting with another business (for example, you provide services to a company client, or you’re subcontracting), there’s usually more scope to allocate risk through the contract.

In B2B contexts you can often:

• exclude categories of loss (like consequential loss)
• cap liability
• allocate responsibility for safety steps
• require the other party to maintain insurance
• contract out of certain CGA provisions (in limited circumstances)

But this only works when your contract is drafted clearly, the risk allocation is commercially sensible, and the contract is properly incorporated (i.e. actually agreed to, not just hidden in a footer link).

4) Workplace Injuries: Your Health And Safety Duties Don’t Disappear

If someone is injured at work (or in a workplace you control), you can’t “contract away” your core duties under the Health and Safety at Work Act 2015.

Even if you have staff sign acknowledgements, contractor documents, or site inductions, your obligations to take reasonably practicable steps still apply.

This comes up a lot when businesses use contractors, labour hire, or casual workers - the paperwork needs to match the reality of how the work is done. Getting the right legal documents and processes in place early (including appropriate contracts and policies) is part of being protected from day one, and a tailored approach beats generic templates every time.

Where Businesses Get Caught Out (Common Scenarios)

Most disputes about “excluding liability for injury” aren’t about one clause in isolation - they’re about how your whole customer experience (and documentation) fits together.

Here are a few common situations where businesses run into trouble.

Signing A Waiver At The Door (But Customers Didn’t Understand It)

Many businesses use waivers for activities like events, fitness, adventure, workshops, kids’ activities, or equipment hire.

A waiver can be useful, but only if it’s drafted properly and actually fits your business. If it’s confusing, overly broad, or presented in a rushed way (“sign here quickly”), it may not help much when it matters.

It’s also common for a waiver to clash with your online booking terms or in-venue signage, which creates ambiguity - and ambiguity usually doesn’t help the party relying on the exclusion clause.

If you use waivers (or think you should), it’s worth treating the document as a key part of your risk management system, not a formality. A properly drafted Waiver can set expectations clearly and help show that participants were warned of specific risks.

“No Responsibility” Signage (But Your Contract Says Something Else)

Signs like “use at your own risk” or “we are not liable for injury” might feel protective, but they can create a false sense of security.

Two common issues:

• incorporation: a sign might not form part of the contract at all (especially if it’s not prominent until after the customer has paid)
• conflict: if your written terms (online or printed) say something different, it’s unclear what applies

It’s usually better to have one coherent set of customer terms and make sure customers see them before purchase. If you’re building or cleaning up your customer-facing terms, having proper Terms And Conditions is often the starting point.

Trying To Exclude “All Liability” (And Accidentally Creating An Unfair Term)

Broad “we’re not liable for anything” clauses can backfire because they can look unfair - especially in standard form consumer contracts.

Even in B2B arrangements, if you try to exclude everything (including things you control), you can end up with a clause that’s commercially unrealistic and harder to rely on in a real dispute.

The better approach is usually to:

• spell out the specific risks the customer is taking on
• spell out the specific responsibilities you are (and aren’t) taking on
• use reasonable caps and exclusions that match the pricing and the risk

Relying On A Disclaimer Instead Of A Contract

Disclaimers are common on websites and marketing materials (and they can be useful), but they’re not a magic shield.

A disclaimer might help clarify what you do and don’t promise, but it won’t necessarily override statutory rights or fix a badly drafted contract.

If you use disclaimers - especially around safety, participation at your own risk, or medical suitability - make sure they match your actual process and customer terms. Depending on your business, a tailored Disclaimer can be a helpful companion document, not a replacement for proper terms.

How To Draft Liability Clauses That Are More Likely To Hold Up

If you’re going to include an exclusion or limitation clause dealing with injury or death risk, you want it to be as enforceable and practical as possible.

Here’s what we typically recommend focusing on.

1) Be Specific About The Risk You’re Addressing

The most effective clauses tend to be the ones that clearly describe:

• what activity is being provided
• what the known risks are (e.g. slips, falls, collision, strain, equipment misuse)
• what the customer must do to reduce risk (e.g. follow instructions, disclose medical issues, use safety gear)
• what you will do (e.g. provide induction, maintain equipment, supervise)

This doesn’t just help legally - it helps operationally. Your staff know what to say, customers know what to do, and expectations are clear.

2) Make Sure The Clause Is Actually Part Of The Contract

A strong clause that the customer never agreed to is a weak clause in practice.

To improve enforceability, you usually want:

• clear notice before purchase (not after payment)
• active acceptance (like a checkbox for online bookings)
• consistent wording across your booking page, invoice, waiver, and in-venue signage

If you operate online, your website terms and booking flow matter a lot. If you operate in person, your customer onboarding matters just as much.

3) Use “Limitations” That Match Your Business Model

Courts and regulators are generally more comfortable with risk allocations that make sense commercially.

For example, depending on your business, it may be more defensible to:

• cap liability to a certain amount
• exclude indirect loss (like loss of profits)
• exclude liability for risks outside your control (like a customer’s failure to follow safety instructions)
• require customers to disclose relevant information (like medical conditions) before participating

This is the general approach covered in Excluding Liability (and it’s especially important where “negligence” may be alleged).

4) Don’t Promise Safety Outcomes You Can’t Guarantee

A surprisingly common problem is when marketing copy says things like:

• “100% safe”
• “injury-free”
• “guaranteed safe for all ages/abilities”

Even if you later include an exclusion clause, those kinds of statements can create a mismatch between what you promised and what you’re trying to disclaim.

From a consumer law perspective, this can increase your risk under the Fair Trading Act - so it’s worth aligning marketing with your actual risk settings and customer terms.

5) Make Your Contract Work With Your Insurance (Not Against It)

Insurance is often the backstop for serious incidents - but your policy may have conditions you must comply with, including safety procedures, incident reporting, and sometimes restrictions on what you can agree to in contracts.

It’s a good idea to:

• check whether your insurer requires specific warnings or participant declarations
• avoid promising unlimited “we’ll cover anything” remedies that your policy won’t support
• make sure your terms don’t accidentally void cover

Lawyers and insurance brokers often work together here - because the best contract in the world won’t help if your insurance isn’t aligned with your real-world operations.

6) Keep The Rest Of Your Customer Terms Clean And Consistent

Injury-related disputes often come bundled with other issues: refunds, cancellations, rescheduling, product/service quality complaints, and arguments about what the customer was entitled to.

That’s why it’s smart to treat liability clauses as part of a broader customer contract - including clear rules around payments, cancellations, and what happens when things don’t go to plan.

For businesses supplying goods or services to the public, it’s also worth understanding how warranties and guarantees interact with your terms. The background is covered well in Warranties.

7) Get It Drafted (Or At Least Reviewed) For Your Exact Business

The toughest part about “death and injury” clauses is that they’re highly context-dependent. The right wording for a guided hiking company is different to a physiotherapy clinic, which is different again to a kids’ play centre.

Two businesses can use the same template clause and get completely different outcomes, simply because:

• their customer journey is different (online bookings vs walk-ins)
• their safety steps differ
• their marketing statements differ
• the risks differ

That’s why getting your terms drafted or reviewed is usually the best “value per headache avoided” legal spend you can make, especially if your business involves higher-risk activities.

Key Takeaways

• In New Zealand, trying to “exclude all liability” for death and personal injury usually isn’t as simple as adding a one-line clause - your risk depends on consumer law, health and safety duties, and how your contract is formed.
• ACC can limit certain personal injury claims, but you can still face serious consequences like regulatory action, contract disputes, refunds issues, and reputational harm.
• If you deal with consumers, you generally can’t contract out of key Consumer Guarantees Act protections, and overly broad clauses can also create Fair Trading Act risk.
• Waivers, disclaimers, signage, and website terms should be consistent with each other and presented clearly before the customer pays - otherwise the clause may not be properly incorporated.
• Liability clauses are usually stronger when they are specific, commercially reasonable, and tailored to your actual risks and safety processes (rather than copied from a template).
• Your contracts should work alongside your insurance and your health and safety systems - not act as a substitute for them.

If you’d like help drafting or reviewing liability clauses, waivers, or customer terms that fit your business, you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.