The Waiver And Release Of Liability Form is a crucial legal document used in Hong Kong to manage risk and protect organizations from potential legal claims. It is commonly employed when individuals participate in activities that carry inherent risks, such as sports, adventure activities, or specialized events. The document, governed by Hong Kong law and particularly the Control of Exemption Clauses Ordinance, requires participants to acknowledge understanding of risks and voluntarily waive certain legal rights to make claims for injuries or damages. It typically includes provisions for risk acknowledgment, medical authorization, and specific activity details, while ensuring compliance with Hong Kong's legal requirements regarding the reasonableness and clarity of exemption clauses. The form is essential for businesses, educational institutions, and organizations offering activities where participants need to understand and accept inherent risks.
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1. Parties: Identification of all parties involved, including the person/entity seeking the waiver and the person/entity granting it
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 document, including 'Activities', 'Liability', 'Claims', etc.
4. Acknowledgment of Risks: Detailed description of the risks and potential hazards being acknowledged by the signing party
5. Voluntary Participation: Statement confirming that participation is voluntary and participant understands the risks
6. Waiver and Release: Core section detailing the specific rights being waived and the extent of the release from liability
7. Medical Authorization: Authorization for emergency medical treatment if needed
8. Governing Law: Specification that Hong Kong law governs the agreement
9. Signature Block: Space for signatures, dates, and witness details
1. Parent/Guardian Consent: Required when the participant is under 18 years old or lacks legal capacity
2. Photography/Media Release: Optional section for allowing use of participant's image or recordings
3. Insurance Declaration: Statement regarding insurance coverage, if relevant to the activity
4. Severability Clause: Provision stating that if any part of the waiver is found invalid, the rest remains in effect
5. Indemnification: Additional clause where participant agrees to indemnify the released party against third-party claims
6. Term and Termination: Include when the waiver needs to specify duration or conditions for termination
1. Schedule 1 - Description of Activities: Detailed list and description of activities covered by the waiver
2. Schedule 2 - Safety Rules and Guidelines: Specific safety protocols and rules that must be followed
3. Schedule 3 - Emergency Contact Information: Form for participant's emergency contact details
4. Appendix A - Risk Disclosure: Comprehensive list of specific risks associated with the activities
5. Appendix B - Medical Information Form: Optional form for relevant medical information and conditions
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