The Damage Liability Waiver is essential for businesses and organizations operating in Hong Kong that need to manage their risk exposure while providing services or activities with inherent risks. This document, governed by Hong Kong law, serves to protect service providers from potential claims while ensuring participants are fully informed of the risks they are accepting. The waiver must be drafted in compliance with Hong Kong's Control of Exemption Clauses Ordinance and related legislation, which set specific limitations on liability exclusions. It is particularly crucial for activities where participants need to acknowledge and accept certain risks, and should clearly outline the scope of the waiver, specific risks involved, and any exceptions to the waiver's coverage.
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1. Parties: Identifies and defines all parties to the waiver agreement, including full legal names and addresses
2. Background: Establishes the context and purpose of the waiver, including the relationship between the parties and the activities covered
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Scope of Waiver: Clearly outlines what specific liabilities, damages, and risks are being waived
5. Acknowledgment of Risk: Statement confirming the signing party understands and accepts the risks involved
6. Release of Liability: The core waiver language releasing the protected party from specified liabilities
7. Exceptions to Waiver: Specifies what is not covered by the waiver, including non-waivable rights under Hong Kong law
8. Representations and Warranties: Statements of fact and promises made by both parties
9. Governing Law: Specifies Hong Kong law as the governing law of the agreement
10. Entire Agreement: Confirms that the document represents the complete agreement between the parties
1. Insurance: Details any insurance requirements or recommendations - include when activities involve significant risks
2. Indemnification: Additional provisions where one party agrees to indemnify the other - include for high-risk activities
3. Term and Termination: Include when the waiver needs to be time-bound or when termination rights need to be specified
4. Dispute Resolution: Detailed dispute resolution procedures - include for complex arrangements or high-value activities
5. Severability: Provision ensuring survival of terms if others are found invalid - include for complex waivers
6. Assignment: Rules about transferring rights under the waiver - include when relevant to business context
1. Schedule 1 - Description of Activities: Detailed description of activities or services covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks being waived
3. Schedule 3 - Safety Procedures: Required safety procedures or protocols, if applicable
4. Appendix A - Emergency Contact Information: Emergency contact details for all relevant parties
5. Appendix B - Insurance Certificates: Copies of relevant insurance certificates where required
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Fitness and Wellness
Adventure Tourism
Education and Training
Entertainment
Events Management
Medical Services
Professional Services
Retail
Hospitality
Real Estate
Construction
Manufacturing
Transportation
Relevant Teams
Legal
Risk Management
Compliance
Operations
Customer Service
Safety and Security
Administration
Corporate Governance
Business Development
Human Resources
Insurance
Facilities Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Manager
Facility Manager
Safety Officer
Business Owner
General Manager
Program Director
Event Coordinator
Training Manager
Customer Service Manager
Contract Administrator
Insurance Coordinator
Chief Operating Officer
Corporate Secretary
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