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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. In 2025, ensuring your waiver is up to date with the latest Australian consumer protection laws is more important than ever.
A waiver protects your business by limiting your liability if any incidents occur as a result of your activities. It forms a key part of your risk management strategy and works well alongside other legal protections, such as website terms and conditions and detailed service agreements.
Whether you operate in high-risk recreational industries or deliver services with inherent dangers, a waiver could be a crucial document for your business. So, let’s delve into why you might need one and how to ensure it remains legally sound in today’s 2025 environment!
What Is A Waiver?
A waiver is a legal document that your customers sign before engaging with your services. It confirms that they are aware of, and accept, any risks associated with your business activities – reflecting the most modern standards and interpretations in 2025.
Sometimes, a waiver is also referred to as a ‘disclaimer’ or ‘release form’, although its standing as a legal deed means it must be executed with particular formalities.
Put simply, a waiver performs two key functions:
- It informs your customers of the risks associated with your business;
- It helps limit your liability should an incident occur.
When Do I Need A Waiver?
If your business offers goods or services that involve inherent risks, it’s prudent to have a waiver in place. This ensures your customers fully understand the potential hazards before they engage with your offerings.
For example, if your business is involved in recreational or high-risk activities – whether you’re running an adventure sports facility, a modern gym, or pioneering a new tech experience – a waiver is an effective measure to limit your liability in the event that something unexpected occurs.
It’s also important to understand that a waiver does not replace your comprehensive customer contracts, such as your service agreements or terms & conditions. These documents provide detailed clauses on payment, delivery, supply, termination, and other rights.
A customer contract is a much more comprehensive document. In many cases, a waiver can be incorporated into this contract to streamline your legal documentation. However, if your business is involved in high-risk or recreational activities, having a stand-alone waiver is a safer option – one that clearly demonstrates that your customer was fully informed of the risks.
In legal proceedings, a separately signed waiver can provide robust evidence that customers knowingly accepted the risks prior to participation, thereby strengthening your defence. It’s worth noting that many businesses now use our contract review services to ensure all their legal documents remain compliant with the latest standards.
Given the dynamic landscape of Australian consumer law and the rise of new risks in the digital era, it’s essential to review and update your waiver regularly. Integrating such reviews with your overall legal strategy can provide even greater protection – a tip that many of our clients who use our startup lawyers service find invaluable.
How Do I Use A Waiver?
A waiver is classified as a legal deed, a distinction that sets it apart from standard agreements. This means that it must be executed according to specific legal formalities.
Unlike ordinary contracts, which can often be signed electronically, a deed requires a physical signature as well as a witness to that signature. This formality is critical to its enforceability under the updated legal framework of 2025.
If you’re considering implementing a waiver for your business, it’s vital to understand these execution requirements. Consulting with a legal professional – for instance, through our startup lawyers service – can help ensure your waiver meets all current legal standards.
This is why most businesses involved in recreational or high-risk activities – from gyms to electric scooter providers – opt for a physical waiver that their customers sign before engaging with their services.
Need Help?
If you’re unsure whether you need a waiver, or if you’d like to explore additional legal measures to protect your business, we’re here to help. Our team can assist with drafting, reviewing, and updating your waivers and related contractual documents to ensure they comply with 2025 regulations.
Feel free to reach out to our friendly team on 1800 730 617 or at team@sprintlaw.com.au. You can also visit our contact page for more information on how we can help safeguard your business.
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