The Waiver Release Form is a crucial legal document used in Hong Kong when individuals or organizations need to manage liability risks associated with various activities or services. It is particularly relevant in situations where participants engage in activities that carry inherent risks, such as sports, recreational activities, or specialized services. The document must comply with Hong Kong's legal framework, including the Control of Exemption Clauses Ordinance and common law principles. It typically includes detailed sections covering risk acknowledgment, liability release, participant warranties, and medical authorizations. The form serves both to inform participants of potential risks and to provide legal protection for service providers, while maintaining enforceability under Hong Kong law.
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1. Parties: Identification of the party giving the release (Releasor) and the party being released (Releasee)
2. Background: Context of the waiver, including the activity or service being provided and general circumstances
3. Definitions: Key terms used in the waiver, including 'Claims', 'Released Parties', 'Activities', and other relevant terms
4. Acknowledgment of Risks: Explicit acknowledgment of the risks involved in the activity or service
5. Waiver and Release: Core section detailing the rights being waived and claims being released
6. Assumption of Risk: Express assumption of risks related to participation in the specified activities
7. Medical Authorization: Authorization for emergency medical treatment if needed
8. Representations and Warranties: Statements by the releasor about their capacity, understanding, and fitness to participate
9. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
10. Execution: Signature blocks, witness requirements, and date
1. Indemnification: Additional clause where releasor agrees to indemnify releasee against third-party claims - used in higher-risk activities
2. Photo/Media Release: Authorization for use of photographs or recordings - included when activity might involve photography or recording
3. Insurance: Details of insurance coverage and requirements - used for activities where insurance is relevant
4. Parent/Guardian Consent: Additional signature section for minors - required when participants may be under 18
5. Severability: Clause ensuring remainder of waiver remains valid if any portion is found unenforceable - used in more comprehensive waivers
6. Translation Declaration: Statement regarding Chinese/English versions - used when providing bilingual versions
1. Schedule 1 - Description of Activities: Detailed list of activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of risks associated with the activities
3. Schedule 3 - Safety Rules and Guidelines: List of safety protocols and requirements that must be followed
4. Appendix A - Emergency Contact Form: Form for emergency contact information
5. Appendix B - Medical Information Form: Optional form for relevant medical information and conditions
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