This Accident Waiver template is designed for use in Hong Kong by organizations and businesses that offer activities or services with inherent risks. The document serves as a critical risk management tool, enabling service providers to clearly communicate potential risks to participants while establishing legally sound liability protections. The Accident Waiver includes comprehensive sections covering risk acknowledgment, liability limitations, and specific exclusions, all structured to comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and civil liability legislation. It's essential for activities ranging from sports and adventure tourism to educational programs and research activities, requiring careful consideration of both the service provider's protection and the participant's rights. The document should be regularly reviewed and updated to reflect any changes in activities offered or legal requirements.
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1. Parties: Identifies and defines all parties to the agreement, including full legal names and addresses
2. Background: Explains the context and purpose of the waiver, including the nature of activities covered
3. Definitions: Defines key terms used throughout the document for clarity and legal certainty
4. Acknowledgment of Risks: Detailed description of potential risks and hazards that the participant acknowledges and understands
5. Assumption of Risk: Express statement of voluntary assumption of identified risks by the participating party
6. Waiver and Release: Core waiver provisions releasing liability for specified incidents and injuries
7. Exclusions from Waiver: Specifies what is not covered by the waiver (e.g., gross negligence, willful misconduct)
8. Representations and Warranties: Statements by the participating party regarding their capacity, fitness, and understanding
9. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
10. Execution: Signature blocks and execution requirements
1. Medical Authorization: Authorization for emergency medical treatment - include when activities involve physical risk or are conducted in remote locations
2. Insurance Requirements: Details of required insurance coverage - include when participants need specific insurance
3. Photo/Video Release: Consent for use of photographs or videos - include when activity might involve photography or filming
4. Parent/Guardian Consent: Additional consent section for minors - include when participants may be under 18
5. Special Conditions: Specific conditions or requirements - include when activity has unique risks or requirements
6. Severability: Clause ensuring remainder of agreement stays valid if any part is found unenforceable - include in more complex waivers
1. Schedule 1 - Activity Description: 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: Required safety procedures and protocols
4. Appendix A - Emergency Contact Information: Form for participant's emergency contact details
5. Appendix B - Medical Information: Form for relevant medical information and conditions
Relevant legal definitions
Activity
Accident
Agreement
Authorized Representative
Claims
Commencement Date
Confidential Information
Emergency Contact
Equipment
Effective Date
Facility
Force Majeure
Governing Law
Guardian
Hazards
Incident
Indemnification
Injury
Liability
Medical Emergency
Minor
Negligence
Participant
Parties
Personal Information
Premises
Release
Risk
Safety Procedures
Service Provider
Serious Bodily Injury
Term
Territory
Waiver
Accident
Agreement
Authorized Representative
Claims
Commencement Date
Confidential Information
Emergency Contact
Equipment
Effective Date
Facility
Force Majeure
Governing Law
Guardian
Hazards
Incident
Indemnification
Injury
Liability
Medical Emergency
Minor
Negligence
Participant
Parties
Personal Information
Premises
Release
Risk
Safety Procedures
Service Provider
Serious Bodily Injury
Term
Territory
Waiver
Clauses
Risk Acknowledgment
Liability Waiver
Assumption of Risk
Indemnification
Medical Authorization
Emergency Procedures
Safety Compliance
Participant Representations
Capacity and Authority
Insurance
Term and Termination
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notice
Force Majeure
Witness and Execution
Confidentiality
Data Protection
Release of Rights
Health and Safety
Photographic Release
Guardian Consent
Liability Waiver
Assumption of Risk
Indemnification
Medical Authorization
Emergency Procedures
Safety Compliance
Participant Representations
Capacity and Authority
Insurance
Term and Termination
Governing Law
Dispute Resolution
Severability
Entire Agreement
Amendment
Notice
Force Majeure
Witness and Execution
Confidentiality
Data Protection
Release of Rights
Health and Safety
Photographic Release
Guardian Consent
Relevant Industries
Sports and Recreation
Adventure Tourism
Education and Training
Events and Entertainment
Fitness and Wellness
Medical and Healthcare
Research and Development
Transportation
Construction
Manufacturing
Relevant Teams
Legal
Risk Management
Operations
Safety and Compliance
Human Resources
Program Management
Event Operations
Training and Development
Customer Relations
Facility Operations
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Safety Officer
Program Coordinator
Facility Manager
Event Manager
Training Coordinator
Compliance Officer
Recreation Supervisor
Adventure Guide
Sports Instructor
Research Supervisor
Project Manager
Human Resources Manager
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