A Release And Waiver Of Liability agreement is essential in situations where activities or services involve inherent risks and the service provider or organizer needs to protect themselves against potential claims. This document, governed by Hong Kong law, typically includes detailed descriptions of the activities covered, specific risks being waived, and clear acknowledgments from the releasing party. It's commonly used in recreational activities, sporting events, facility usage, and various business operations where risk management is crucial. The agreement must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and common law principles regarding the reasonableness and enforceability of liability waivers. Special attention must be paid to exceptions that cannot be waived under Hong Kong law, such as liability for death or personal injury caused by negligence.
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1. Parties: Identification of the parties: the releasor (person giving up rights) and releasee (person being released from liability)
2. Background: Context of the agreement, relationship between parties, and general purpose of the waiver
3. Definitions: Clear definitions of key terms used in the agreement, including 'Released Parties', 'Claims', 'Liability', and specific activity-related terms
4. Acknowledgment of Risks: Clear statement of risks being assumed and acknowledgment of understanding these risks
5. Waiver and Release: Core section detailing the specific rights being waived and liabilities being released
6. Scope of Release: Detailed description of what claims and rights are covered by the release
7. Exceptions to Release: Clear statement of what cannot be waived under Hong Kong law (e.g., death or personal injury caused by negligence)
8. Representations and Warranties: Statements by the releasor about their capacity, understanding, and voluntary nature of the waiver
9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
10. Execution: Signature blocks and execution requirements
1. Medical Release: Used when the waiver involves physical activities or potential medical situations, including authorization for emergency medical treatment
2. Photo/Media Release: Used when activities may involve photography or recording, granting rights to use images or recordings
3. Parent/Guardian Consent: Required when the releasor is under 18 years of age
4. Insurance Provisions: Used when specifying insurance requirements or acknowledging insurance coverage
5. Indemnification: Optional clause where releasor agrees to indemnify released parties against third-party claims
6. Severability: Clause ensuring survival of agreement if certain provisions are found invalid
7. Duration and Termination: Used when the waiver needs to specify a time period or conditions for termination
1. Schedule 1 - Description of Activities: Detailed description of activities or services covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of risks being acknowledged and waived
3. Schedule 3 - Safety Procedures: Details of safety procedures or protocols relevant to the activities
4. Appendix A - Emergency Contact Information: Form for emergency contact details and relevant medical information
5. Appendix B - Special Conditions: Any special conditions or circumstances applicable to the waiver
Relevant legal definitions
Agreement
Released Parties
Releasor
Releasee
Claims
Liability
Activities
Losses
Effective Date
Premises
Services
Negligence
Force Majeure
Confidential Information
Personal Data
Associated Risks
Emergency Contact
Medical Treatment
Governing Law
Inherent Risks
Equipment
Facilities
Representatives
Affiliates
Territory
Term
Indemnified Parties
Safety Procedures
Property Damage
Personal Injury
Released Parties
Releasor
Releasee
Claims
Liability
Activities
Losses
Effective Date
Premises
Services
Negligence
Force Majeure
Confidential Information
Personal Data
Associated Risks
Emergency Contact
Medical Treatment
Governing Law
Inherent Risks
Equipment
Facilities
Representatives
Affiliates
Territory
Term
Indemnified Parties
Safety Procedures
Property Damage
Personal Injury
Clauses
Acknowledgment of Risks
Release of Liability
Assumption of Risk
Indemnification
Medical Authorization
Emergency Contact
Voluntary Participation
Capacity to Contract
Parental Consent
Photo and Media Release
Insurance
Safety Compliance
Modification
Severability
Entire Agreement
Governing Law
Jurisdiction
Term and Termination
Representations and Warranties
Force Majeure
Data Privacy
Confidentiality
Notice
Assignment
Legal Fees
Dispute Resolution
Release of Liability
Assumption of Risk
Indemnification
Medical Authorization
Emergency Contact
Voluntary Participation
Capacity to Contract
Parental Consent
Photo and Media Release
Insurance
Safety Compliance
Modification
Severability
Entire Agreement
Governing Law
Jurisdiction
Term and Termination
Representations and Warranties
Force Majeure
Data Privacy
Confidentiality
Notice
Assignment
Legal Fees
Dispute Resolution
Relevant Industries
Sports and Recreation
Education
Entertainment
Healthcare
Tourism and Hospitality
Event Management
Fitness and Wellness
Adventure Tourism
Corporate Events
Non-profit Organizations
Community Services
Real Estate (Facility Management)
Construction
Manufacturing
Relevant Teams
Legal
Risk Management
Operations
Compliance
Event Management
Facility Management
Customer Relations
Safety and Security
Business Development
Administration
Program Management
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Sports Director
Program Administrator
Recreation Supervisor
Business Development Manager
Contract Administrator
General Manager
Customer Relations Manager
Volunteer Coordinator
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