If you run workshops, events, research projects, health and wellness programmes, or any kind of activity where people participate (especially if you’ll collect personal information, photos, videos, or feedback), a participant consent form is one of the simplest ways to protect your business from day one.
It’s also one of the most commonly overlooked documents - usually because it sounds “formal”, or people assume a quick verbal “are you okay with this?” is enough.
This 2026 updated guide explains what a participant consent form is, when you need one, what to include, and how it fits with your wider legal obligations in New Zealand (including privacy compliance and managing risk in a practical way).
A participant consent form is a written document where a person agrees to take part in an activity, programme, research study, event, or service, after being clearly informed about what that participation involves.
In plain terms, it’s how you show that:
- the participant understood what they were signing up for,
- they were given enough information to make an informed choice, and
- they agreed to specific things (for example, being photographed, having data collected, or participating in a physical activity).
Done well, a participant consent form reduces misunderstandings and sets expectations early. If something goes wrong - a complaint, a dispute, or even an investigation - being able to point to clear, signed consent can make a big difference.
It can also help you demonstrate that you’ve taken reasonable steps to manage legal risk, especially when you’re dealing with:
- health-related services or sensitive topics,
- children or vulnerable participants,
- recording or photographing people,
- research or evaluation data, or
- physical activities with injury risks.
Consent forms aren’t “magic shields” (more on that below), but they’re a key part of having solid legal foundations.
You don’t need a participant consent form for every interaction - but you should seriously consider one whenever participation involves risk, data collection, or anything that could surprise a reasonable person.
Here are common scenarios where a participant consent form is useful (and often essential).
Events, Workshops And Training
If you run in-person workshops, group programmes, seminars, fitness classes, retreats, or corporate training, your consent form can cover attendance terms, behaviour expectations, health disclosures, and recordings.
For example:
- a breathwork workshop where participants may experience strong physical or emotional reactions,
- a cooking class where allergies could be relevant,
- a leadership training where you record group discussions for later review.
Research, Surveys And Pilot Programmes
If you’re gathering feedback, collecting survey responses, running a pilot, or doing user research (including for apps and digital products), consent is important - especially if you’re collecting personal information or publishing results.
Even where participation seems “low risk”, the privacy side can be high risk if the data is sensitive or identifiable.
Photography, Video And Marketing Content
If you plan to use photos or videos of participants in marketing (social media, website, ads, internal materials), don’t rely on assumption or implied consent.
A clear consent form helps you avoid complaints like:
- “I didn’t know you were filming.”
- “I agreed to be filmed for the session, not for Instagram.”
- “You used footage of my child.”
Depending on the scenario, you may also need a dedicated Model Release Form (particularly where the images are used commercially and the participant is identifiable).
Health, Wellness And Personal Services
If you offer services involving health and wellbeing (including coaching, counselling-style services, physiotherapy-adjacent services, or holistic programmes), consent documentation is especially important.
Two common reasons:
- Informed decision-making: people should understand what you will (and won’t) do.
- Risk management: you’re more likely to face disputes if someone feels harmed, misled, or exposed.
If you’re collecting health information, you’ll also want your privacy compliance to be tight. That may include a Privacy Policy and good internal processes for how you store and use sensitive data.
Activities With Physical Risk
If your activity involves physical exertion or potential injury (sport sessions, outdoor activities, hands-on demonstrations, practical training), a participant consent form can work alongside a waiver and safety briefing.
In these cases, it’s common to use a consent form that includes a liability/assumption of risk component (but it must be drafted carefully - you can’t always contract out of legal obligations).
It’s also worth remembering your general health and safety duties. If you have staff or contractors facilitating the activity, you’ll often need a broader framework too (including appropriate policies, training, and well-drafted contracts).
There isn’t a one-size-fits-all participant consent form - the right document depends on what you do, who your participants are, and what risks are involved.
That said, most strong participant consent forms cover the same core areas.
1) What The Participant Is Agreeing To
Be specific about what participation involves. This is where many forms fail by being too vague.
Depending on your activity, you might include:
- what the programme/session/event includes,
- the duration and location (or online platform),
- what the participant is expected to do,
- what you will provide (and what you won’t).
2) Risks, Safety And Personal Responsibility
If there are known risks, it’s better to be upfront rather than hide them in fine print. This can include physical risks, emotional risks, and practical risks (for example, travel or environmental conditions at an outdoor event).
You can also outline what participants must do to participate safely, such as:
- following instructions,
- stopping if they feel unwell,
- disclosing relevant conditions (only if appropriate and handled lawfully),
- bringing required equipment or clothing.
This is also a good place to clarify whether your service is not a substitute for medical advice (where appropriate), and when participants should seek their own professional advice.
If you collect personal information (names, contact details, emergency contacts, health details, dietary requirements, recordings, survey results), you should clearly explain:
- what you collect,
- why you collect it,
- who you share it with (if anyone),
- how you store it and for how long,
- how a participant can request access or correction.
In New Zealand, privacy compliance is governed by the Privacy Act 2020. Consent is often part of privacy compliance, but it’s not the only requirement - you also need to collect and use information fairly, keep it secure, and only use it for legitimate purposes.
If you’re building out your privacy framework, a Privacy Collection Notice can be a practical way to give participants the key information at the point you collect it (especially online).
4) Consent For Photos, Video And Audio Recording
If you plan to photograph or record the session, say so clearly.
You should separate:
- recording for operational purposes (e.g. quality assurance, training, participant access), and
- recording for marketing (e.g. website, social media, ads).
Give participants a real choice where possible - for example, a tick box that says they consent (or do not consent) to marketing use.
If you’ll rely on recordings as part of your service delivery, you’ll also want to consider your broader website or platform terms. For online programmes and memberships, your Website Terms And Conditions often work alongside the consent form.
5) Behaviour Expectations And Removal From The Activity
For group activities, it’s sensible to set expectations around behaviour and safety.
This might cover:
- respectful conduct,
- anti-harassment expectations,
- rules around alcohol or substances (if relevant),
- grounds for removing a participant (e.g. unsafe conduct).
This is particularly helpful for events, retreats, and programmes where the facilitator has responsibilities to the whole group.
6) Refunds, Cancellations And Rescheduling
A participant consent form can include commercial terms, but often it’s cleaner to keep “money terms” in your booking terms or customer contract (so it’s consistent across your sales channels).
Either way, make sure your cancellation and refund terms are clear and consistent with New Zealand consumer law expectations. You generally can’t use unfair or misleading terms, and you should be careful about blanket “no refunds ever” language.
If you genuinely need emergency contact details or relevant medical info for safety, your form can include it - but don’t collect sensitive information “just in case”.
Under the Privacy Act 2020, collecting unnecessary information can create avoidable risk. If you do collect it, you need to protect it properly and limit access internally.
8) Signature, Date, And Capacity To Consent
Finally, make sure the form is actually executed properly:
- full name,
- date,
- signature (or valid electronic signature),
- guardian/parent signature if the participant is under 18 (where required).
If you’re working with minors, consent can get tricky fast - and the form needs to be drafted around your exact scenario.
A participant consent form isn’t just a “nice-to-have”. It connects directly to a few legal areas that come up all the time for NZ businesses and organisations.
If your consent form collects personal information, you need to comply with the Privacy Act 2020.
That includes practical steps like:
- being transparent about collection and use,
- only collecting what you need,
- keeping information secure,
- having a process for access/correction requests,
- ensuring any service providers you use (e.g. booking platforms, email tools) handle the data appropriately.
Where the information is sensitive (health details, cultural background, biometric info, details about children), the risk increases - and your paperwork and processes should match.
Fair Trading Act 1986 (Avoiding Misleading Impressions)
If you’re promoting a programme or event, the way you describe it matters. Under the Fair Trading Act 1986, you must not mislead or deceive participants about what they’ll get, what outcomes they can expect, or what’s included.
A participant consent form can help reinforce correct expectations, but it can’t “fix” misleading advertising. Your marketing, sales pages, and emails all need to align with reality.
Consumer Guarantees Act 1993 (When Participants Are Consumers)
If your participants are purchasing services as consumers, the Consumer Guarantees Act 1993 may apply. That generally means your services must be provided with reasonable care and skill, be fit for purpose, and match their description.
A consent form can manage risk and clarify scope, but it can’t override statutory consumer guarantees.
Health And Safety Duties (If You Control The Environment)
If you run a business that brings people into a physical environment you control (a studio, venue, site, retreat location), you may have health and safety obligations to manage risks in that environment.
Your consent form should support - not replace - your actual safety practices, such as:
- proper supervision,
- incident reporting,
- safe equipment,
- clear instructions and warnings.
If you engage contractors to run sessions (trainers, facilitators, practitioners), it’s also worth having a properly drafted Contractor Agreement so responsibilities are clear from the start.
Most consent forms go wrong in predictable ways. Avoiding these mistakes can save you a lot of pain later.
Using A Generic Template That Doesn’t Match Your Activity
It’s tempting to grab a free template online. The issue is that participant consent is highly context-specific.
A template might:
- miss key risks that apply to your activity,
- include irrelevant clauses that confuse people,
- fail to comply with NZ privacy expectations, or
- use liability language that doesn’t do what you think it does.
As a rule of thumb, if your activity involves sensitive information, filming, physical risk, or minors, it’s worth getting the document drafted or reviewed properly.
Burying The Important Bits In Fine Print
If you want consent to be meaningful, the key points should be easy to find and understand.
Short headings, tick-boxes for optional consents (like marketing use), and plain language make it far more likely that your form will actually help you if there’s a dispute.
Assuming Consent Covers Everything
Consent isn’t a substitute for compliance.
For example:
- Consent doesn’t let you collect unlimited personal information - you still need a lawful purpose and good security practices.
- Consent doesn’t mean you can deliver services carelessly - you still need reasonable care and skill.
- Consent doesn’t mean you can use someone’s image however you want - you need clear permission for the intended use.
Forgetting About Withdrawal Of Consent
In many scenarios, participants may be able to withdraw consent (especially for marketing use of images or ongoing data collection). Your form should explain what happens if someone changes their mind and what you can realistically do (for example, you may not be able to retract printed materials, but you can remove future online use).
Not Storing Consent Records Properly
If you can’t find the signed form later, it won’t help you much.
Build a simple process for:
- secure storage (especially for sensitive info),
- tracking versions (so you know which terms they signed),
- record retention and deletion (so you don’t keep information longer than needed).
Key Takeaways
- A participant consent form is a written way to show participants understood what they were agreeing to and gave informed consent to participate.
- Consent forms are especially important where there’s physical risk, sensitive topics, research data, personal information collection, or photography/video recording.
- A good form should clearly explain the activity, risks, privacy and data use, recording permissions, behaviour expectations, and the participant’s right to opt in or opt out of certain uses (where possible).
- Your consent form should support (not replace) your legal obligations under laws like the Privacy Act 2020, Fair Trading Act 1986, and Consumer Guarantees Act 1993.
- Avoid generic templates that don’t match your business - consent forms are most effective when they’re tailored to your specific programme, audience, and risk profile.
- If you’re collecting personal information, make sure your privacy documents (like a Privacy Policy and privacy collection wording) align with what your consent form says.
If you’d like help drafting or reviewing a participant consent form (or getting your wider legal documents set up properly), you can reach us at 0800 002 184 or team@sprintlaw.co.nz for a free, no-obligations chat.
