Waiver Template in Australia: What To Include and When To Use It

Running a small business often means managing risk - especially if you provide services or activities where customers could be injured, property could be damaged, or expectations could be misunderstood.

A clear, tailored waiver can help. It’s not a silver bullet, but when drafted and used properly, a waiver can set expectations, allocate risk, and reduce disputes.

In this guide, we’ll walk through what a waiver is, when you should use one, what to put in your waiver template, and how to roll it out in your business. We’ve also included a simple waiver sample you can customise for your operations in Australia.

What Is A Waiver And When Should Your Business Use One?

A waiver (sometimes called a liability waiver or release) is a document a customer signs to acknowledge specific risks and agree that they won’t hold your business responsible for certain losses or claims.

Waivers are commonly used by businesses that:

• Offer physical activities or events (e.g. gyms, classes, tours, sports, adventure activities)
• Provide access to shared equipment or premises (e.g. studios, co-working, hire venues)
• Run workshops or training where customers participate hands-on
• Operate trials, demonstrations, or test sessions of products/services

Think of a waiver as one part of your overall risk management. It works alongside proper supervision, safety procedures, insurance, and strong customer terms.

For many service businesses, your public-facing customer terms or Terms of Trade will include waiver and indemnity clauses. Some businesses also use a separate, standalone Waiver for high-risk activities or one-off events, so the key risk wording is front and centre and signed at the right time.

Are Waivers Legally Binding In Australia?

Often, yes - but there are important limits. In Australia, a properly drafted waiver that is clearly presented to, understood by, and agreed to by the customer can be enforceable. However, you cannot waive everything.

• Consumer guarantees under the Australian Consumer Law (ACL) can’t be excluded for consumer supplies. Your waiver can’t avoid your obligations not to mislead, to provide services with due care and skill, or to provide acceptable goods. Keep ACL compliance in mind whenever you draft risk wording related to quality or remedies. For a refresher, see the Australian Consumer Law overview on misleading or deceptive conduct.
• Certain states impose additional restrictions on excluding liability for personal injury caused by negligence (and especially for reckless conduct). You need tailored wording and a use process that aligns with your state’s requirements.
• Unfair contract terms rules can void overly broad or one-sided clauses in standard form consumer or small business contracts. That includes some indemnities and exclusions if they go too far.

Courts also look at how the waiver was used. Was it given before the activity? Was it easy to read? Did the customer have a fair opportunity to consider it? Was the scope of the risk clear? All of this affects enforceability.

Because enforceability turns on wording and process, businesses often pair a waiver with clear service terms (or a Service Agreement) and practical safety measures.

If you’re weighing up whether waivers work in your context, this deeper dive on whether waivers are legally binding is a useful starting point.

What To Include In A Waiver Template (Simple Waiver Sample)

Your waiver should be short, readable and specific to the risks in your business. Here are the essentials most small businesses include.

Key Elements To Cover

• Clear description of the activity or services the waiver applies to.
• Risk acknowledgement in plain English, tailored to your activity (not generic boilerplate).
• Release and waiver of claims within the limits of Australian law.
• Indemnity for losses caused by the customer’s own breach or misuse.
• Medical disclosure and fitness confirmation (for physical activities).
• Safety rules and the right to refuse participation where unsafe.
• Refund/rescheduling rules that align with the ACL.
• Signature, date, and consent wording appropriate for adults/minors (with guardian consent if needed).
• Jurisdiction/governing law (the Australian state or territory where you operate).

Simple Waiver Sample (Template Language You Can Tailor)

Below is a short example to illustrate the tone and structure. You must tailor it to your activity, state and operational process.

Activity Waiver And Release

1. Activity And Risks
I wish to participate in the  provided by  (we/us). I understand the activity involves risks including .

2. My Acknowledgements
By signing this document, I confirm that:
• I am in suitable physical condition to participate and have disclosed any relevant medical conditions.
• I will follow all instructions, rules and safety directions.
• I will immediately stop and tell a staff member if I feel unsafe or unwell.

3. Release And Waiver
To the maximum extent permitted by law, I waive and release any claim I may have against , its staff and contractors arising out of my participation, except where the law does not allow such release (including under the Australian Consumer Law).

4. Indemnity
I indemnify  for loss or damage it suffers because of my breach of this waiver, misuse of equipment, or failure to follow safety directions.

5. Consumer Law
Nothing in this document excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law that cannot be excluded.

6. Photography/Media (Optional)
I consent to the use of photos/video of my participation for promotional purposes. 

7. Governing Law
This waiver is governed by the laws of .

Participant Name: _______________________   Date: ___ / ___ / _____
Signature: ______________________________   Phone/Email: ___________

If participant is under 18:
Parent/Guardian Name: ____________________ Relationship: ____________
Parent/Guardian Signature: _______________ Date: ___ / ___ / _____

This sample is illustrative only. Your business may also want a separate media consent form or a more detailed release clause depending on your risk profile. If you expect repeat use, consider embedding this language within your master Terms of Trade or booking flow and have a standalone short-form waiver presented on the day of the activity.

How To Draft, Sign And Store Your Waiver Properly

Even a great waiver can fail if you present or store it poorly. Here’s a simple rollout process that works for many small businesses.

1) Tailor The Draft To Your Activities

Start with a core template, then customise the risks, rules, and processes to your business. Avoid jargon. Keep sentences short and specific. If it starts to look like a wall of text, break it up with headings and bullet points.

If you sell online or take bookings, align the waiver language with your online Website Terms & Conditions and privacy disclosures. It should all tell a consistent story about what you do, the risks, and how you handle customer information.

2) Present The Waiver Before The Activity

Customers must have a fair chance to read and agree. For in-person activities, present it at check-in or via pre-arrival email. For online bookings, include a clear checkbox step with a link to the full waiver text. Avoid burying key risk wording in tiny print.

3) Use Valid Signatures And Keep Records

Electronic acceptance is generally fine if you can prove who agreed and when. For high-risk activities, consider a handwritten signature onsite. Whether digital or paper, store a copy linked to the participant’s booking.

If you’re choosing between digital acceptance and wet signatures, this comparison of wet ink vs electronic signatures can help you decide what’s right for your process and risk profile.

4) Train Your Team

Make sure staff know when and how to present the waiver, what questions they can answer, and when to escalate. If a customer refuses to sign or discloses a serious medical condition, have a clear policy on next steps.

5) Store Data Lawfully

Waivers contain personal information. Be clear with customers about what you collect and why, and make sure your Privacy Policy covers this. Keep records secure and only as long as necessary for legal and insurance purposes.

Common Mistakes With Waivers (And How To Avoid Them)

Here are frequent pitfalls we see and practical ways to fix them.

• Using overseas templates without adapting to Australian law: Localise your wording, refer to the ACL properly, and check state-based injury exclusions.
• Generic risk lists: Courts look for specificity. List the actual risks of your activity in plain language.
• Burying risk wording in long T&Cs: Use clear headings and short paragraphs. For higher-risk activities, present a separate, short-form waiver as well.
• Unfair or overly broad exclusions: Avoid sweeping “we’re not liable for anything at all” statements. They’re more likely to be unenforceable and may breach unfair contract terms rules.
• No process for minors: If you deal with under 18s, build in a parent/guardian consent and a process to verify it.
• Inconsistent documents: Align your waiver with your customer terms, booking messages, and refunds policy. Mixed messaging can undermine enforceability and may risk breaching the ACL.
• Poor record-keeping: If you can’t prove that a customer agreed, the waiver won’t help. Implement a reliable storage system for signed forms and timestamps.

If your waiver is part of resolving a specific dispute or ending a customer relationship, consider whether a more robust Deed of Release and Settlement is appropriate for that situation.

What Other Documents Do You Need Besides A Waiver?

A waiver is one piece of a strong legal foundation. Most businesses should also consider:

• Customer Terms: Clear Terms of Trade, Terms of Sale or a Service Agreement that set pricing, changes, cancellations, liability limits, and dispute processes.
• Website Terms & Privacy: If you take bookings or enquiries online, have up-to-date Website Terms & Conditions and a transparent Privacy Policy.
• Employment Agreements: If you have staff running sessions or supervising customers, use a compliant Employment Contract and appropriate workplace policies (safety, incident reporting, device use).
• Insurance Disclosures: Align your waiver with your insurance conditions. Your insurer may have requirements about risk warnings or participant screening.
• Deeds and Releases (when needed): For one-off settlements or special events, it may be more appropriate to use a formal deed rather than standard terms.

Finally, keep consumer protection top of mind. Your marketing, pricing displays, and refund handling should respect the ACL (e.g. no misleading claims and fair remedies where the law requires it). Your waiver should reflect - not contradict - those obligations.

Key Takeaways

• A waiver helps set expectations and allocate risk, but it sits alongside safety practice, insurance and clear customer terms.
• In Australia, waivers can be enforceable when drafted and used properly, but you cannot exclude mandatory consumer guarantees or liability in all situations.
• Tailor your waiver template to your actual risks, keep it readable, and present it before the activity with a reliable acceptance and storage process.
• Align your waiver with your Terms of Trade, Website Terms & Conditions and Privacy Policy so your documents tell a consistent story.
• Avoid common mistakes like generic overseas wording, burying key terms, and poor record-keeping; these can undermine enforceability.
• When in doubt, get your waiver and rollout process reviewed so it fits your state laws, risk profile and insurer expectations.

If you’d like a tailored waiver template or a quick review of your current waiver and customer terms, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.