The Standard Release Of Liability Form is a crucial legal instrument in Hong Kong's risk management landscape, commonly used across various sectors to protect businesses and individuals from potential legal claims. This document becomes necessary when engaging in activities that carry inherent risks, organizing events, providing services, or entering into arrangements where one party wishes to be protected from future liability claims. The form must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and Contract Ordinance, while being specific enough to cover the intended scope of release without being unconscionable. It typically includes detailed provisions about the rights being waived, the scope of the release, and any exceptions or limitations, all framed within Hong Kong's common law jurisdiction.
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1. Parties: Identifies and defines the Releasor (person giving up rights) and Releasee (person being released from liability), including full legal names and addresses
2. Background: Briefly explains the context and circumstances leading to the release of liability
3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Liability', and any specific activities or events covered
4. Consideration: States the consideration being provided in exchange for the release, as required for contract validity under Hong Kong law
5. Release and Discharge: Core section detailing the specific claims, rights, and causes of action being released
6. Scope of Release: Clearly defines the extent of the release, including temporal and geographic limitations
7. Representations and Warranties: Statements by the Releasor confirming their understanding of the release and capacity to enter into it
8. Governing Law: Specifies Hong Kong law as the governing law and jurisdiction for any disputes
9. Entire Agreement: Confirms that the document represents the complete agreement between parties
10. Execution: Signature blocks and execution requirements
1. Indemnification: Optional clause where Releasor agrees to indemnify Releasee against future claims - used in higher-risk situations
2. Severability: Clause ensuring survival of remaining provisions if any provision is found invalid - recommended for more complex releases
3. Future Claims: Specific provision addressing unknown future claims - used when comprehensive future protection is needed
4. Confidentiality: Provisions regarding confidentiality of the release terms - used in sensitive or commercial contexts
5. Insurance: Provisions regarding insurance coverage and requirements - used in commercial or high-risk activities
6. Exclusions: Specific exclusions from the release - used when certain claims need to be preserved
7. Assignment: Provisions regarding the ability to assign rights under the release - used in commercial contexts
1. Schedule 1 - Description of Released Claims: Detailed list of specific claims, incidents, or circumstances being released
2. Schedule 2 - Specific Activities or Events: Detailed description of activities or events covered by the release
3. Appendix A - Risk Disclosure: Detailed disclosure of risks associated with the activities covered by the release
4. Appendix B - Insurance Details: Details of any relevant insurance coverage and requirements
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Education
Healthcare
Real Estate
Construction
Tourism and Hospitality
Event Management
Retail
Fitness and Wellness
Adventure Tourism
Professional Services
Manufacturing
Transportation
Property Management
Relevant Teams
Legal
Risk Management
Compliance
Operations
Human Resources
Health and Safety
Facilities Management
Contract Administration
Customer Relations
Insurance
Event Management
Project Management
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Event Coordinator
Facility Manager
Human Resources Director
Safety Officer
Business Owner
Contract Administrator
General Manager
Property Manager
Sports/Recreation Director
Project Manager
Insurance Coordinator
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