SELF-GUIDED ACTIVITY RISK ACKNOWLEDGEMENT & WAIVER

SELF-GUIDED ACTIVITY RISK ACKNOWLEDGEMENT & WAIVER

This Self-Guided Activity Risk Acknowledgement & Waiver applies to any self-guided activity, location access, outdoor participation, or unsupervised experience accessed through the What’s On Aotearoa platform.

It applies in addition to the General Terms & Conditions available at:

https://whatsonaotearoa.nz/policies/terms-of-service

1. Nature of the Activity

You acknowledge that the activity or location you are accessing is self-guided and unsupervised.

No staff, guides, safety personnel, or representatives of What’s On Aotearoa are present.

What’s On Aotearoa:

  • Does not supervise participation

  • Does not assess your suitability, competence, or fitness

  • Does not inspect, maintain, or control physical environments

  • Does not provide safety management, rescue services, or emergency response

Participation is undertaken entirely at your own discretion and risk.

2. Inherent Risks

You acknowledge that outdoor, rural, coastal, and unsupervised environments involve inherent and unpredictable risks, including without limitation:

  • Uneven, unstable, slippery, eroded, or shifting ground

  • Loose gravel, mud, hidden holes, drop-offs, and trip hazards

  • Large rocks, boulders, cliffs, overhangs, or falling debris

  • Sudden or extreme weather conditions

  • Slippery surfaces following rain, dew, tide, or environmental changes

  • Seismic activity, erosion, flooding, or ground movement

  • Livestock, wildlife, insects, or working animals

  • Animal waste, bacteria, allergens, or biological hazards

  • Agricultural infrastructure such as fences, gates, drains, machinery, or vehicles

  • Agricultural chemicals or pest-control substances

  • Limited mobile coverage or delayed emergency assistance

  • Changes in land condition, access, or safety at any time

These risks may result in serious injury, illness, property damage, or death.

You acknowledge that hazards may not be obvious, marked, monitored, or removed.

3. Assumption of Risk

To the maximum extent permitted by law, you:

  • Voluntarily assume all risks associated with participation

  • Accept full responsibility for your own safety, decisions, and conduct

  • Accept that risks may arise from natural conditions, human activity, third parties, animals, land conditions, access changes, or unforeseen events

  • Acknowledge that risk cannot be eliminated even with reasonable care

You acknowledge that participation is entirely optional and undertaken at your own discretion.

4. Personal Responsibility

You are solely responsible for:

  • Assessing conditions before and during participation

  • Determining whether the activity is suitable for you and those in your care

  • Wearing appropriate footwear and clothing

  • Bringing necessary supplies, communication tools, and safety equipment

  • Supervising children or dependants at all times

  • Following signage, warnings, landowner instructions, provider instructions, and local laws

  • Ceasing participation immediately if conditions become unsafe

5. Reliance on Information

Any information provided by What’s On Aotearoa, including audio guides, maps, descriptions, routes, images, timings, directions, or access information, is general information only.

Conditions may change without notice.

You agree to independently verify, where relevant:

  • Weather forecasts

  • Access permissions

  • Safety conditions

  • Suitability of terrain

  • Track, road, tide, or environmental conditions

What’s On Aotearoa does not guarantee accuracy, completeness, continued accessibility, or current conditions.

6. Land Access

Some locations may be on or near private, mixed-use, or operational land.

Access may be:

  • Restricted

  • Withdrawn

  • Altered

  • Temporarily closed

You are solely responsible for complying with:

  • Access conditions

  • Signage

  • Landowner requirements

  • Applicable laws

What’s On Aotearoa does not guarantee that access is available, lawful, safe, or appropriate at any particular time.

Unauthorised access may expose you to legal liability or enforcement action.

7. Platform Role

What’s On Aotearoa provides administrative, informational, and booking facilitation services only.

It does not:

  • Own, lease, occupy, or control land

  • Operate physical sites

  • Manage environmental conditions

  • Supervise activities

  • Provide physical safety management or on-site support

Responsibility for physical locations rests with the relevant landowner, operator, or activity provider.

8. Release & Limitation of Liability

To the maximum extent permitted by New Zealand law, you release and discharge What’s On Aotearoa, its owners, contractors, and representatives from liability for:

  • Personal injury

  • Death

  • Property damage

  • Economic loss

  • Indirect or consequential loss

arising from or connected with participation in any self-guided or unsupervised activity, location access, or related travel, except to the extent liability cannot lawfully be excluded.

Where liability cannot be excluded under New Zealand law, liability is limited to the amount, if any, paid to access the relevant platform service.

Nothing in this waiver excludes liability where exclusion is not permitted by law.

9. Indemnity

You agree to indemnify and hold harmless What’s On Aotearoa from any claims, demands, losses, damages, costs, or liabilities arising from:

  • Your participation

  • Your failure to follow instructions, warnings, or signage

  • Your breach of applicable laws

  • Your supervision of minors or dependants

  • Any claim brought by a person participating with you or under your care, to the extent caused or contributed to by your acts or omissions

This indemnity applies to the extent permitted by law.

10. Acknowledgement & Acceptance

By accessing the location or participating in the activity, you confirm that you:

  • Have read and understood this Risk Acknowledgement & Waiver

  • Understand the inherent risks involved

  • Voluntarily accept those risks

  • Choose to participate at your own discretion

Nothing in this waiver limits or excludes any rights you may have under the Consumer Guarantees Act 1993 or other applicable New Zealand law.