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Indemnity Consent Form Template for Hong Kong

This document is a comprehensive legal instrument governed by Hong Kong law that establishes a formal indemnification arrangement and documents informed consent between parties. It serves to protect the receiving party (indemnitee) from potential claims, losses, or damages arising from specified activities or circumstances, while ensuring the consenting party (indemnifier) fully understands and accepts the associated risks and responsibilities. The form incorporates key elements required under Hong Kong contract law, including clear consent declarations, risk acknowledgments, and appropriate execution requirements, while adhering to local regulations regarding indemnification and liability limitations.

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What is a Indemnity Consent Form?

The Indemnity Consent Form is a crucial legal document used in Hong Kong when one party needs to obtain explicit consent and indemnification from another party regarding specific activities, services, or circumstances that carry inherent risks. This document is commonly utilized in various contexts, including medical procedures, sporting activities, educational programs, and professional services, where the service provider or organizing entity needs protection against potential claims while ensuring participants are fully informed of risks. The form must comply with Hong Kong contract law requirements and includes essential elements such as party details, scope of indemnity, risk acknowledgment, and proper execution provisions. It serves both as evidence of informed consent and as a legal protection mechanism, making it particularly important in risk management strategies for organizations operating in Hong Kong.

What sections should be included in a Indemnity Consent Form?

1. Parties: Identification of the indemnifier (person giving consent and providing indemnity) and the indemnitee (person/entity receiving the indemnity)

2. Background: Brief context explaining the purpose of the indemnity and the relationship between the parties

3. Definitions: Key terms used in the document, including specific activities, risks, or circumstances covered by the indemnity

4. Consent Declaration: Clear statement of informed consent from the indemnifier, acknowledging understanding of risks and voluntary agreement

5. Scope of Indemnity: Detailed description of what is covered by the indemnity, including specific activities, timeframe, and extent of coverage

6. Release of Liability: Express release of the indemnitee from specified claims or liabilities

7. Acknowledgment of Risks: Statement confirming the indemnifier's understanding and acceptance of potential risks

8. Governing Law: Specification that Hong Kong law governs the agreement

9. Execution: Signature blocks for all parties, including date and witness provisions

What sections are optional to include in a Indemnity Consent Form?

1. Parent/Guardian Consent: Required when the indemnifier is under 18 years of age

2. Insurance Requirements: Details of any insurance requirements or existing coverage relevant to the indemnity

3. Limitation of Indemnity: Specific exclusions or limitations to the scope of the indemnity

4. Duration and Termination: Include when the indemnity is not indefinite or has specific termination conditions

5. Dispute Resolution: Additional provisions for handling disputes, such as mediation or arbitration requirements

6. Survival Clause: Specifies which obligations continue after the termination of the agreement

7. Emergency Contact Information: Required for high-risk activities or medical-related indemnities

What schedules should be included in a Indemnity Consent Form?

1. Schedule 1 - Specific Risks: Detailed list of risks or activities covered by the indemnity

2. Schedule 2 - Excluded Activities: List of specific activities or circumstances excluded from the indemnity coverage

3. Schedule 3 - Medical Information: Relevant medical information or conditions (if applicable to the context)

4. Appendix A - Safety Procedures: Relevant safety procedures or protocols that the indemnifier must follow

5. Appendix B - Required Qualifications: List of required qualifications or certifications (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Indemnity Agreement

Sector

Insurance

Cost

Free to use

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