Liability Insurance Waiver for Hong Kong

Liability Insurance Waiver Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes the terms under which an individual or entity agrees to waive certain rights to claim against insurance liability. This document outlines specific risks, acknowledges voluntary acceptance of these risks, and details the scope of liability being waived. It incorporates relevant provisions from Hong Kong's Insurance Ordinance and Contract Law, ensuring compliance with local regulatory requirements while providing clear protection for all parties involved.

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What is a Liability Insurance Waiver?

The Liability Insurance Waiver serves as a critical risk management tool for businesses and organizations operating in Hong Kong, particularly those engaged in activities carrying inherent risks. This document is essential when parties need to clearly document the voluntary assumption of risk and waiver of insurance claims. The waiver must comply with Hong Kong's legal framework, including the Insurance Ordinance (Cap. 41) and Control of Exemption Clauses Ordinance (Cap. 71). It typically includes detailed risk descriptions, acknowledgment statements, and specific terms regarding the scope of waived liability. The document is particularly relevant in scenarios involving recreational activities, professional services, or situations where participants engage in potentially risky activities.

What sections should be included in a Liability Insurance Waiver?

1. Parties: Identification of all parties involved, including the insurer, insured, and any additional parties covered by the waiver

2. Background: Context of the waiver, including the relationship between parties and general purpose of the agreement

3. Definitions: Clear definitions of key terms used throughout the document, including specific insurance and liability-related terminology

4. Scope of Waiver: Detailed description of the specific liabilities, risks, and claims being waived

5. Acknowledgment of Risk: Statement confirming the signing party understands the risks involved and implications of waiving liability

6. Duration and Termination: Period for which the waiver is valid and conditions for termination

7. Governing Law: Specification of Hong Kong law as the governing law and jurisdiction

8. Execution: Signature blocks and execution requirements for all parties

What sections are optional to include in a Liability Insurance Waiver?

1. Partial Invalidity: Section addressing the severability of provisions, used when there's concern about specific clauses being challenged

2. Third Party Rights: Section addressing rights of third parties under the Contracts (Rights of Third Parties) Ordinance, used when third parties might be affected

3. Insurance Requirements: Details of any insurance requirements that must be maintained, used when the waiver is conditional on maintaining certain insurance coverage

4. Indemnification: Additional indemnification provisions, used when specific indemnification obligations need to be established

5. Emergency Contact Information: Contact details for emergencies, used particularly in high-risk activities

6. Dispute Resolution: Specific dispute resolution procedures, used when parties want to specify arbitration or mediation processes

What schedules should be included in a Liability Insurance Waiver?

1. Schedule 1 - Specific Risks and Activities: Detailed list of specific risks, activities, or circumstances covered by the waiver

2. Schedule 2 - Insurance Policies: Details of relevant insurance policies and coverage limits

3. Schedule 3 - Excluded Liabilities: List of liabilities specifically excluded from the waiver

4. Appendix A - Risk Acknowledgment Form: Standardized form for acknowledging understanding of risks

5. Appendix B - Emergency Procedures: Procedures to follow in case of accidents or emergencies

6. Appendix C - Declaration of Physical Fitness: Where applicable, declaration of physical fitness or health status

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Liability Waiver

Cost

Free to use
Relevant Industries

Sports and Recreation

Adventure Tourism

Healthcare

Education

Construction

Manufacturing

Event Management

Professional Services

Fitness and Wellness

Transportation

Entertainment

Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Operations

Insurance

Corporate Governance

Human Resources

Safety and Security

Business Development

Facilities Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Insurance Coordinator

Operations Director

Facility Manager

Event Manager

Safety Officer

Corporate Secretary

Business Development Manager

Contract Administrator

Human Resources Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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