Happy New Year! By now I’m sure you are well into the swing of 2017 and starting to lose some of that holiday fog. I hope you all have a wonderful festive season and looking forward to a year full of great times and wonderful memories!

Last year, I sent out a newsletter about contracts and paperwork from a company called Eaziwaiver and I have had a few people ask me for a bit more information about them and what they do. Eaziwaiver provide electronic forms for all uses, but they specialize is helping to protect businesses against any sort of liability claims.

Is your business adequately protected against liability claims? If you are using paper based waivers – chances are you are exposed, even if you have insurance.

Research into the legality and compliance aspects of waivers and liability releases exposed a massive shortcoming in the use of paper-based waivers and the growth in electronic transactions in bookings.

A typical scenario would be that a hall is booked and deposit paid online or by phone – a transaction has taken place which is a contract in that the hall receives a hire fee and the hirer receives the benefit of the hall hire.  At a later point, normally the day of the hall hire, the hirer completes a waiver and release of liability document. – does this sound like your process – if so your business is at risk as the document is null and void on two legal points:

  1. The facility has failed to provide the participant with any and all information, warnings and risks about the service at (or before) entering into a contract with the participant (when the original transaction took place);  and
  2. As the waiver is now a separate contract, it is also null and void as there is no mutual benefit i.e. there is no benefit to the participant in entering the contract. Australian law deems such a contract invalid.

Based on common law it is essential that the participant/consumer be made aware of any risks before or at the time of entering into a contract. Refer Trade Practices act (68B) covering recreational services. Further, in a recent decision (Alameddine v Glenworth Valley Horse Riding Pty Ltd (2015)) NSWCA 219 in which the New South Wales Court of Appeal revisited the law surrounding the operation of exclusion of liability clauses in respect of persons injured whilst participating in potentially dangerous activities at recreational facilities. In this case the waiver was deemed invalid as it was signed at a point in time after the contract for services was entered into. The Eaziwaiver platform meets all of the legal and compliance requirements and provides additional business benefit.

So what’s the solution?

Eaziwaiver is a comprehensive electronic waiver and permission slip management platform. Eaziwaiver addresses the needs of both participants and facilities by providing a simpler mechanism for participants and an invaluable tool for the facilities to complete and manage documents.

Not only does Eaziwaiver ensure compliance but it brings cost and efficiency benefits to the business.

Within the platform, facilities build and publish their own waivers/ forms and participants only provide their personal information to facilities that they choose to. All data is of course kept secure and private to the relevant parties.

Facility Benefit:

  • Addresses and mitigates legal and compliance issues
  • Access to signed forms
  • Customised forms
  • Added business functionality e.g. forms management, filing, etc.
  • Integration to marketing database
  • Green – no more paper 

Participant’s benefits:

  • Single data entry
  • Control over personal info
  • More secure than paper
  • History of documents signed
  • Simplicity
  • Remote access to facility documents

If you would like to see how it works, please feel free to click on the link below and submit an application/waiver. Of course the entire form is fully customizable to suit your exact needs. http://www.eaziwaiver.com/qapplicant/apply/waiverid/dYA/facilityid/c34

Here are www.hallsforhire.com.au we understand that cost is a big factor with how you do things, so please take this information on, see if you can incorporate some of these practices into your hall bookings through electronic paperwork accompanying payments.

Of course, Eaziwaiver offer a very easy system to use but there is a cost involved. Their packages start from $29 per month but will provide you access to all the forms you need in an electronic format.

As always, if there are any topics you would like me to cover on our next newsletter, or for anything else, please get in touch at any time via deb@hallsforhire.com.au

Looking forward to a happy, prosperous and health 2017 for all of you!