The Activity Waiver And Release Form is an essential legal document used in Hong Kong by organizations offering recreational, sporting, or adventure activities. This document serves as a risk management tool, protecting service providers while ensuring participants make informed decisions about their participation. It should be used before any potentially risky activity commences, incorporating specific provisions required under Hong Kong law, including the Control of Exemption Clauses Ordinance and Unconscionable Contracts Ordinance. The form typically includes comprehensive risk disclosures, liability waivers, medical authorizations, and emergency procedures, tailored to the specific activity while remaining compliant with Hong Kong's legal framework regarding liability limitations and consumer protection.
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1. Parties: Identifies the activity provider/organizer and the participant, including full legal names and contact details
2. Background: Brief description of the activity being offered and the purpose of the waiver
3. Definitions: Defines key terms used throughout the document, including 'Activity', 'Claims', 'Release', and 'Inherent Risks'
4. Acknowledgment of Risks: Detailed acknowledgment by the participant of the inherent risks involved in the activity
5. Assumption of Risk: Participant's explicit agreement to assume all risks associated with the activity
6. Release and Waiver of Liability: The core waiver language releasing the provider from liability for injuries or damages
7. Indemnification: Participant's agreement to indemnify the provider against any claims arising from participation
8. Emergency Medical Authorization: Authorization for emergency medical treatment if needed
9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts as having jurisdiction
10. Severability: States that if any provision is found invalid, the remainder of the agreement remains in effect
11. Declaration and Signature: Participant's declaration of having read and understood the document, with signature blocks
1. Parent/Guardian Consent: Required when participant is under 18, including guardian's acknowledgment and consent
2. Medical Conditions Disclosure: For activities where medical conditions might affect safety, requires disclosure of relevant conditions
3. Equipment Usage Agreement: For activities involving equipment use, details responsibility for equipment damage
4. Photography and Media Release: Permission to use participant's image in promotional materials
5. Fitness Declaration: For physically demanding activities, participant confirms they are physically fit to participate
6. COVID-19 or Health Emergency Provisions: Additional provisions related to specific health risks or emergencies
7. Insurance Requirements: Details any insurance requirements or recommendations for participants
1. Schedule 1: Activity Description: Detailed description of the activity, including duration, location, and what it entails
2. Schedule 2: Specific Risks: Comprehensive list of specific risks associated with the activity
3. Schedule 3: Safety Procedures: Outline of safety procedures, equipment requirements, and emergency protocols
4. Schedule 4: Medical Information Form: Template for collecting relevant medical information if required
5. Appendix A: Emergency Contact Information: Form for collecting emergency contact details
6. Appendix B: Equipment Checklist: List of required and recommended equipment for the activity
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