Is a release legally binding?

Yes, a properly drafted release supported by consideration is generally binding. Releases can be set aside for duress, unconscionability, misrepresentation, or if they purport to waive rights that cannot lawfully be waived (such as certain consumer guarantees).

Can I waive liability for injury?

In limited circumstances. State Civil Liability Acts allow waivers for "dangerous recreational activities" or "obvious risks". Section 139A of the Competition and Consumer Act 2010 (Cth) allows recreational services waivers where the formal requirements are met. A waiver cannot release reckless conduct causing serious harm.

What consideration is needed for a release?

Consideration can be monetary (settlement payment), a promise (e.g., mutual release), or access to a benefit (e.g., entry to an event). Without consideration, a release must be executed as a deed to be enforceable.

Should I sign a deed or an agreement?

Releases are often executed as deeds because a deed requires no consideration and typically has a longer limitation period (12 years versus 6 years for contract in most states). Deed execution requires attestation as prescribed by state legislation.

Can a minor sign a release?

A minor (under 18) can contract only for necessaries and beneficial contracts of service. A pure waiver of rights is generally not binding on a minor and may require parental consent or court approval.

Can a release cover unknown future claims?

A release can be drafted to cover unknown future claims, but courts will construe it narrowly. In employment settlements, for example, the release typically lists specific categories (unfair dismissal, general protections, discrimination, contract, tort) to remove doubt.

Is a release confidential?

Only if the release says so. Many settlement releases include a confidentiality clause restricting disclosure of the terms and underlying facts. Confidentiality is itself a contract term supported by the consideration in the release.

Do I need to witness a release?

A release in the form of a contract does not require witnessing. A release executed as a deed generally requires attestation — usually an independent witness present when the party signs.

LegalAustralia

Release and Waiver Template

A release and waiver is a formal document in which one party gives up known or potential claims against another — often used to settle disputes or to acknowledge risks before recreational or event participation. Use our free Australian template to create a clear release consistent with state Civil Liability Acts and the Australian Consumer Law.

Create Your Release and Waiver

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RELEASE AND WAIVER OF LIABILITY

Recreational Activity · State Of New South Wales, Australia

RELEASOR

Sarah J. Mitchell

22 Ocean View Drive, Manly NSW 2095

RELEASEE (ORGANISATION)

Harbour Adventure Sports Pty Ltd

Manly Beach Foreshore, Manly NSW 2095 · ABN 12 345 678 901

Effective: 25 April 2026

Manly Quarry, Manly NSW 2095

I, Sarah J. Mitchell, of 22 Ocean View Drive, Manly NSW 2095, and in consideration of being permitted to participate in the Activity described herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows:

ACTIVITY DESCRIPTION

This Release and Waiver of Liability (this "Release") pertains to the following activity or event (the "Activity"): Guided outdoor rock climbing and abseiling session at Manly Quarry, including equipment hire, safety briefing, and instructor-led climbing on natural rock faces up to 20 metres, scheduled for or occurring on 10 May 2026, at Manly Quarry, Manly NSW 2095. The Activity is organised, operated, or facilitated by Harbour Adventure Sports Pty Ltd (the "Released Party"), represented by Daniel R. Cooper, Operations Manager.

ACKNOWLEDGMENT OF RISKS

I acknowledge and agree that participation in the Activity involves inherent risks, hazards, and dangers, some of which cannot be eliminated regardless of the degree of care exercised. These risks include, but are not limited to: physical injury, property damage, disability, paralysis, and death arising from the nature of the Activity and the conduct of other participants. Under Civil Liability Act 2002 (NSW), s. 5N, waivers of liability for recreational activities are enforceable in this state where the warning and release requirements of the applicable legislation are satisfied. By signing this Release, I confirm I have been given a clear warning of the risks associated with the Activity.

VOLUNTARY ASSUMPTION OF RISK

I freely and voluntarily assume all risks associated with participation in the Activity, both known and unknown, including risks arising from the negligence of the Released Party and others, and I assume full responsibility for my participation. I acknowledge that I have had the opportunity to assess the Activity and have chosen to participate voluntarily.

RELEASE AND WAIVER

In consideration of the above, I, on behalf of myself, my heirs, assigns, personal representatives, next of kin, and estate, hereby release, waive, discharge, and covenant not to sue the Released Party, its officers, directors, employees, agents, volunteers, independent contractors, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, causes of action, costs, and expenses whatsoever (including legal fees on a full indemnity basis) arising out of or related to any loss, damage, or injury, including death, that may be sustained by me in connection with my participation in the Activity, whether caused by the negligence of the Released Parties or otherwise. This Release shall not apply to liability that cannot be excluded under the Australian Consumer Law (ACL), Schedule 2 to the Competition and Consumer Act 2010 (Cth), s. 64, or death or personal injury caused by gross negligence or wilful misconduct.

INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from and against any loss, liability, damage, claim, cost, or expense (including reasonable legal fees on a full indemnity basis) that they may incur due to my participation in the Activity, including claims brought by third parties arising from my conduct during the Activity, to the extent permitted by law.

CONSUMER LAW NOTICE

The parties acknowledge that this Release is subject to the Competition and Consumer Act 2010 (Cth) (CCA) and the Australian Consumer Law (ACL). Pursuant to ACL s. 64, liability for death or personal injury caused to an individual cannot be excluded. The unfair contract terms provisions of the CCA (ss. 23–28) apply to standard form consumer contracts — if any term of this Release is found to be unfair within the meaning of s. 24, that term is void to the extent of the unfairness, and the Release shall otherwise continue in full force and effect.

ACKNOWLEDGMENT OF UNDERSTANDING

I acknowledge and represent that: (a) I have read this Release in its entirety and fully understand its terms; (b) I am aware that by signing this document I am giving up substantial legal rights, including the right to sue the Released Parties for negligence; (c) I am signing this Release freely and voluntarily, without any inducement, assurance, or guarantee being made to me; (d) I am of legal age (18 years or over) and have full legal capacity to execute this Release; and (e) no representations have been made to me regarding the safety of the Activity other than what is expressly stated herein.

SEVERABILITY

If any provision of this Release is held by a court of competent jurisdiction to be invalid, unconscionable, or unenforceable — including pursuant to the unfair contract terms provisions of the ACL or the Civil Liability Act 2002 (NSW), s. 5N — such provision shall be severed, and the remaining provisions shall continue in full force and effect. The invalidity of any one provision shall not affect the validity or enforceability of any other provision.

GOVERNING LAW

This Release shall be governed by and construed in accordance with the laws of the State of New South Wales and the applicable laws of the Commonwealth of Australia, including the Competition and Consumer Act 2010 (Cth) and the Civil Liability Act 2002 (NSW), s. 5N. Any dispute arising under or in connection with this Release shall be subject to the exclusive jurisdiction of the courts of New South Wales.

SIGNATURES — I have read and understood this Release and Waiver of Liability and voluntarily agree to its terms:

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

RELEASOR

Sarah J. Mitchell

Date: ____________________

WITNESS

88 Pacific Highway, Chatswood NSW 2067

Thomas A. Nguyen

Date: ____________________

What Is a Release and Waiver?

A release and waiver is a contract in which one party (the "releasor") agrees to release another party (the "releasee") from specified claims, liabilities, or obligations. Releases are used to settle disputes (a settlement release), to manage risks of recreational or high-risk activities (a participation waiver), or to resolve employment matters (a deed of release on termination).

In Australia, the enforceability of a release depends on the context. For settlement releases, the law of contract applies, and a release supported by consideration (usually a settlement payment) is generally enforceable. For activity waivers, each state has specific Civil Liability Act provisions: for example, section 5N of the Civil Liability Act 2002 (NSW), section 19 of the Civil Liability Act 2003 (Qld), and similar provisions in Victoria, South Australia, Tasmania, Western Australia, and the ACT, which permit waivers of liability for personal injury arising from "dangerous recreational activities" or "obvious risks".

The Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) imposes important limits. Section 64A prevents consumers from being bound by waivers of statutory guarantees for services in certain circumstances, though section 139A specifically permits waivers of liability for recreational services where the supplier complies with the prescribed form. The interplay between state Civil Liability Acts and federal consumer law is nuanced and has generated substantial case law.

What's Covered in This Template

Our release template is designed for settlement, general release, and participation waiver purposes.

Releasor Details

Legal name and address of the person giving the release.

Releasee Details

Legal name and address of the party being released.

Release Type

Mutual release, one-way release, or participation waiver.

Description of Matter

Specific incident, dispute, contract, or activity covered.

Claims Released

Known and unknown claims, past and present, identified by subject matter.

Consideration

Payment, benefit, or promise supporting the release.

Assumption of Risk

Acknowledgement of inherent risks for recreational activities.

Acknowledgement of Legal Advice

Confirmation that the releasor had the opportunity to obtain legal advice.

Indemnity

Indemnity against future third-party claims where appropriate.

Confidentiality

Confidentiality of the settlement terms and facts.

Non-Disparagement

Mutual non-disparagement clause to preserve reputations.

Governing Law

Choice of Australian state law governing the release.

How to Create a Release and Waiver

Follow these steps to produce an enforceable release in minutes.

1
Enter Party Details
Provide legal names and addresses of the releasor and releasee.
2
Describe the Matter
Identify the dispute, contract, event, or activity covered by the release.
3
Specify Claims Released
Define the scope of claims being released — broad or narrowly tailored.
4
State the Consideration
Record the settlement payment, benefit, or activity access in exchange for the release.
5
Review and Download
Add confidentiality, indemnity, and governing state, then download the PDF.

Legal Considerations

Releases must balance enforceability against limits imposed by consumer protection legislation.

This template is for informational purposes only and does not constitute legal advice. For significant settlements or high-risk activity waivers, obtain legal advice.

Reviewed for Australian law

State Civil Liability Acts

Each state has a Civil Liability Act allowing waivers of liability for personal injury in limited circumstances. Section 5N of the Civil Liability Act 2002 (NSW) permits waivers for "dangerous recreational activities"; sections 19–20 of the Civil Liability Act 2003 (Qld) provide the "obvious risk" defence; and equivalents apply in other states. These provisions work in tandem with section 139A of the Competition and Consumer Act 2010 (Cth).

Australian Consumer Law Guarantees

Section 64 of the ACL prevents exclusion of statutory consumer guarantees for goods and services supplied to consumers. However, section 139A specifically allows waiver of liability for recreational services where the conditions in the section are met, including the supply of recreational services that involve significant inherent risks and the waiver being in the prescribed form.

Settlement Releases

Settlement releases must identify the claim released with reasonable specificity. A release drafted too broadly may be challenged for being uncertain or for failing to address claims not in contemplation at the time. The High Court in Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112 held that a general release is to be construed by reference to the particular claim in contemplation, not all unknown claims.

Independent Legal Advice

For releases between parties of unequal bargaining power, and for deeds of release on termination of employment, obtaining independent legal advice (or clearly offering it) reduces the risk of the release being challenged for unconscionability under section 20 of the ACL or under the doctrine of duress. Deeds of release on termination often recite that the employee had the opportunity to obtain advice.

Frequently Asked Questions

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