The Exercise Liability Waiver is essential for any business or individual providing physical fitness services in Hong Kong. It serves as a critical risk management tool that helps protect service providers from potential legal claims while ensuring participants are fully informed of the risks involved in their activities. This document should be used before allowing individuals to participate in any exercise programs, gym activities, or fitness classes. The waiver incorporates specific provisions required under Hong Kong law, including compliance with the Control of Exemption Clauses Ordinance and other relevant legislation. It covers various aspects such as risk acknowledgment, medical declarations, emergency procedures, and facility rules, while remaining enforceable under Hong Kong's common law system.
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1. Parties: Identification of the facility/service provider and the participant signing the waiver
2. Background: Brief context about the exercise facility/services and purpose of the waiver
3. Definitions: Key terms used throughout the document including 'Activities', 'Facilities', 'Injuries', 'Services', etc.
4. Acknowledgment of Risks: Detailed section outlining the inherent risks of exercise and physical activities
5. Assumption of Risk: Participant's explicit acknowledgment and acceptance of the identified risks
6. Release and Waiver: Core waiver language releasing the facility/provider from liability
7. Medical Clearance Declaration: Participant's confirmation of physical fitness to engage in activities
8. Emergency Authorization: Authorization for emergency medical treatment if needed
9. Rules and Guidelines: Participant's agreement to follow facility rules and safety guidelines
10. Governing Law: Specification of Hong Kong law as governing law
11. Execution: Signature blocks and execution details
1. Photography and Publicity Release: Optional section for consent to use participant's image in promotional materials
2. Special Health Conditions: Additional section for participants with specific health conditions or requirements
3. Equipment Usage: Specific terms for facilities where participants use specialized equipment
4. Group Activities: Additional terms for participation in group classes or activities
5. Personal Training: Specific terms for one-on-one training services
6. Covid-19 or Infectious Disease: Special provisions related to infectious disease risks and protocols
7. Parent/Guardian Consent: Required when participant is a minor
1. Schedule 1 - Specific Activities Covered: Detailed list of all physical activities and services covered by the waiver
2. Schedule 2 - Facility Rules and Regulations: Comprehensive list of facility rules and safety guidelines
3. Schedule 3 - Emergency Contact Information: Participant's emergency contact details and relevant medical information
4. Appendix A - Health Questionnaire: Physical Activity Readiness Questionnaire (PAR-Q) or similar health screening form
5. Appendix B - Specific Risk Disclosures: Detailed descriptions of risks associated with specific activities or equipment
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