Business, Commercial, Resources

COVID-19: Liability Waiver


Monday 1 June, 2020

If you’re returning to work as lockdown restrictions ease, you may want to consider adding a liability waiver form to your workflow.

What is Liability Waiver?

Also referred to as release of liability, a liability waiver is a legal document signed by one party which waives their right to make a financial or legal claim against the other.

It means the signing party acknowledges and accepts certain risks involved in their participation and waives their right to sue.

If you’ve ever been bungee jumping, white water rafting, skydiving etc. you’ll be familiar with one of these ‘sign-your-life-away’ waivers.

They’re presented to make certain you’re fully aware of all known risks involved in undertaking the activity, that you accept all responsibility, and you indemnify the service provider if any injury or ill-health does occur as a direct result of your voluntary participation.

How we can Help

While the AIPP isn’t able to provide legal advice, we CAN offer you helpful information to take to your trusted legal advisor for customised assistance specific to you and your actual or potential circumstances.

With that in mind, we encourage those interested to review the following reputable sources on the matter and seek independent legal advice following:

Australian Consumer Law

Including fair terms in your liability waiver form is essential. This document was developed as a guide for business and legal practitioners with nation-wide departmental advice on unfair contract terms.

It concludes with a state-by-state list of best contacts on the issue.

Unfair contract terms

AshurstLaw Firm

Want to know what should be considered when drafting limitation and exclusion of liability clauses and/or analysing them in a dispute?

The team at international law firm, Ashurst, have put together detailed information on a three-step approach to analysis of particular exclusion or limitation clauses. Clink the link provided above or the image below to read the full article:

Consumer Affairs Victoria

Read an outline of unfair contract terms including essential information on what a contract is, what to do before entering into one, and national laws for unfair terms:

Unfair contract terms consumer affairs victoria

Australian Competition & Consumer Commission

The ACCC can help set you on the correct path.

Given Australian Consumer Law protects small businesses from unfair terms in small contracts and this article gives an overview on the contracts are covered, types of unfair terms, the effect of having unfair terms, and contracts and terms that aren’t covered.

The ACCC website is also a great place to go fur further and more specific information:

Guidelines for Business

Want to dive even deeper? Consumer Affairs Victoria has a comprehensive guide that’s freely available.

Not from Victoria? It doesn’t mater. The set of guidelines offered below provides an overview of the national legislation dealing with unfair terms in consumer contracts taking into account the introduction of the Australian Consumer Law (ACL.)

Topics covered include compliance and enforcement, categories of unfairness, examples of unfair terms, and ACL unfair contract term legislation.

Download the guide by clicking HERE:

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