The Employee Liability Waiver And Indemnification Agreement is a critical risk management tool used in employment relationships where employees may be exposed to specific risks or where the nature of work requires clear delineation of liability. This document, governed by Hong Kong law, is particularly relevant in industries with inherent operational risks or specialized work environments. It serves to document the employee's acknowledgment of certain risks and their agreement to waive specific liability claims while indemnifying the employer against certain losses, all while ensuring compliance with Hong Kong's mandatory employment protections. The agreement is commonly implemented at the start of employment or when an employee transitions to a role with different risk profiles, and it forms part of the broader employment documentation suite.
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1. Parties: Identification of the employer and employee, including full legal names and addresses
2. Background: Context of the employment relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement, including 'Claims', 'Liabilities', 'Indemnified Parties', etc.
4. Scope of Waiver: Detailed description of what types of claims and liabilities are being waived
5. Exceptions to Waiver: Clear statement of what cannot be waived under Hong Kong law, including statutory rights
6. Indemnification Obligations: Employee's obligations to indemnify the employer for specified claims or losses
7. Duration and Survival: Time period for which the waiver and indemnification provisions remain effective
8. Acknowledgment: Employee's confirmation of understanding and voluntary acceptance
9. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
10. Entire Agreement: Integration clause confirming this document represents the complete agreement on these matters
11. Execution: Signature blocks and execution requirements
1. Specific Risk Acknowledgment: For high-risk positions or industries, detailed acknowledgment of specific risks involved
2. Insurance Provisions: Details of any insurance requirements or coverage relevant to the waiver
3. Severability: Clause ensuring survival of other provisions if any provision is found invalid
4. Amendment Process: Process for modifying the agreement, if amendments are to be permitted
5. Notice Requirements: Procedures for giving notice under the agreement
6. Dispute Resolution: Alternative dispute resolution procedures before court proceedings
7. Third Party Rights: Rights of third parties under the Contracts (Rights of Third Parties) Ordinance
1. Schedule 1 - Specified Risks: Detailed list of specific risks and activities covered by the waiver
2. Schedule 2 - Excluded Claims: Comprehensive list of claims and rights that cannot be waived under Hong Kong law
3. Schedule 3 - Related Entities: List of affiliated companies or individuals covered by the indemnification
4. Appendix A - Safety Procedures: Reference to relevant workplace safety procedures and acknowledgments
5. Appendix B - Insurance Requirements: Details of required insurance coverage and limits
Authors
Relevant legal definitions
Clauses
Relevant Industries
Construction
Manufacturing
Mining
Oil and Gas
Chemical Industry
Transportation and Logistics
Security Services
Healthcare
Sports and Recreation
Research and Development
Technology
Maritime
Aviation
Emergency Services
Professional Services
Relevant Teams
Legal
Human Resources
Risk Management
Compliance
Operations
Health and Safety
Training and Development
Employee Relations
Industrial Relations
Corporate Security
Relevant Roles
Field Operations Manager
Construction Site Supervisor
Research Scientist
Security Officer
Manufacturing Technician
Maintenance Engineer
Healthcare Worker
Laboratory Technician
Industrial Worker
Field Researcher
Equipment Operator
Safety Inspector
Professional Athlete
Diving Instructor
Chemical Engineer
Transportation Driver
Warehouse Manager
Emergency Response Personnel
Field Service Technician
Clinical Trial Coordinator
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