The Standard Waiver Of Liability Form is a crucial risk management tool used across various sectors in Hong Kong. It serves to protect organizations from potential liability claims by clearly documenting participants' acknowledgment and acceptance of inherent risks in activities or services. The document must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance, which restricts the extent to which liability can be excluded. This form is typically used before individuals participate in activities that carry inherent risks, such as sports, recreational activities, or specialized services. It includes detailed sections on risk acknowledgment, liability waiver provisions, and important exceptions required by Hong Kong law. The document helps establish clear expectations between parties while providing legal protection within the bounds of Hong Kong's regulatory requirements.
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1. Parties: Identifies and provides full details of the parties involved - the party providing the waiver (releasor) and the party being released from liability (releasee)
2. Background: Brief context explaining the purpose of the waiver and the relationship between the parties
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Liability', 'Claims', etc.
4. Acknowledgment of Risks: Statement acknowledging that the releasor understands and accepts the risks involved in the activity
5. Waiver and Release: Core section detailing the scope of the waiver and specific liabilities being released
6. Exceptions to Waiver: Clearly stated exceptions to the waiver, including those required by Hong Kong law (e.g., death or personal injury caused by negligence)
7. Representations and Warranties: Statements confirming the releasor's capacity to enter into the agreement and understanding of its terms
8. Governing Law and Jurisdiction: Specification that Hong Kong law governs the agreement and Hong Kong courts have jurisdiction
9. Execution: Signature blocks and date of execution
1. Medical Authorization: Optional section authorizing emergency medical treatment - used when the waiver relates to physical activities or events
2. Photo/Video Release: Optional section covering consent for photography/videography - used when the activity may involve recording or photography
3. Parent/Guardian Consent: Required when the releasor is under 18 years of age
4. Insurance Obligations: Optional section specifying any insurance requirements or acknowledgments - used for high-risk activities
5. Indemnification: Optional section where the releasor agrees to indemnify the releasee against third-party claims - used in higher-risk scenarios
1. Schedule 1 - Description of Activities: Detailed description of activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3 - Safety Procedures: Optional schedule outlining safety procedures and requirements for the activities
4. Schedule 4 - Emergency Contact Information: Form for emergency contact details of the releasor
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