The Release And Waiver Of Liability And Indemnity Agreement is a critical risk management tool commonly used in Hong Kong across various sectors where activities or services carry inherent risks. This document becomes necessary when organizations or individuals need to protect themselves from potential legal claims while providing services or facilitating activities. It is particularly relevant in situations involving physical activities, educational programs, entertainment events, or professional services where participants need to acknowledge and accept certain risks. The agreement must be drafted in compliance with Hong Kong law, particularly the Control of Exemption Clauses Ordinance and related legislation, ensuring it balances the interests of all parties while maintaining enforceability. This document typically includes detailed sections on risk acknowledgment, liability release, indemnification obligations, and specific activity requirements, making it essential for risk management and legal compliance.
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1. Parties: Identifies all parties to the agreement, including the releasor (person giving up rights) and releasee (person being released from liability)
2. Background: Explains the context and purpose of the agreement, including the activity or relationship giving rise to the need for the waiver
3. Definitions: Defines key terms used throughout the agreement for clarity and precision
4. Acknowledgment of Risks: Details the risks involved and confirms that the releasor understands these risks
5. Waiver and Release: Core section specifying the rights being waived and the scope of the release from liability
6. Indemnification: Sets out the indemnification obligations of the releasor
7. Representations and Warranties: Statements confirming the releasor's capacity, understanding, and voluntary execution of the agreement
8. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction
9. Entire Agreement: Confirms that the document represents the complete agreement between parties
10. Execution: Signature blocks and execution requirements
1. Insurance: Details any insurance requirements or recommendations - use when specific insurance coverage is relevant to the activity
2. Medical Authorization: Grants permission for emergency medical treatment - include for activities with physical risks
3. Photo/Video Release: Permits use of participant's image - include when activities may be photographed or recorded
4. Parent/Guardian Consent: Required when the releasor is a minor - include for activities involving minors
5. Severability: Ensures remaining provisions survive if any part is found invalid - recommended for complex agreements
6. Term and Termination: Specifies duration of the waiver - include for ongoing activities or relationships
7. Specific Activity Rules: Details rules and protocols for specific activities - include when the waiver relates to particular activities
8. COVID-19 or Health Provisions: Specific health-related warranties and releases - include during health concerns
1. Schedule A - Description of Activities: Detailed description of activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of risks associated with the activities
3. Schedule C - Safety Procedures: Required safety procedures and protocols
4. Schedule D - Emergency Contacts: List of emergency contacts and procedures
5. Appendix 1 - Insurance Requirements: Detailed insurance requirements and minimum coverage levels
6. Appendix 2 - Medical Information Form: Form for relevant medical information and conditions
Relevant legal definitions
Agreement
Activities
Claims
Effective Date
Facilities
Indemnified Parties
Liability
Losses
Minor
Parent/Guardian
Participant
Personal Information
Premises
Released Claims
Released Parties
Releasor
Representatives
Risk Factors
Services
Term
Emergency Contact
Force Majeure Event
Governing Law
Medical Treatment
Safety Procedures
Inherent Risks
Confidential Information
Equipment
Intellectual Property Rights
Waiver Period
Activities
Claims
Effective Date
Facilities
Indemnified Parties
Liability
Losses
Minor
Parent/Guardian
Participant
Personal Information
Premises
Released Claims
Released Parties
Releasor
Representatives
Risk Factors
Services
Term
Emergency Contact
Force Majeure Event
Governing Law
Medical Treatment
Safety Procedures
Inherent Risks
Confidential Information
Equipment
Intellectual Property Rights
Waiver Period
Clauses
Acknowledgment of Risks
Release of Liability
Indemnification
Assumption of Risk
Medical Authorization
Emergency Procedures
Insurance
Representation and Warranties
Capacity and Authority
Voluntary Participation
Photography and Media Release
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Amendment
Force Majeure
Notice
Assignment
Health and Safety
Confidentiality
Personal Data Protection
Third Party Rights
Term and Termination
Compliance with Laws
Waiver of Rights
Survival
Release of Liability
Indemnification
Assumption of Risk
Medical Authorization
Emergency Procedures
Insurance
Representation and Warranties
Capacity and Authority
Voluntary Participation
Photography and Media Release
Governing Law
Jurisdiction
Dispute Resolution
Severability
Entire Agreement
Amendment
Force Majeure
Notice
Assignment
Health and Safety
Confidentiality
Personal Data Protection
Third Party Rights
Term and Termination
Compliance with Laws
Waiver of Rights
Survival
Relevant Industries
Sports and Recreation
Education
Entertainment
Adventure Tourism
Fitness and Wellness
Healthcare
Professional Services
Events Management
Construction
Manufacturing
Research and Development
Transportation
Hospitality
Relevant Teams
Legal
Risk Management
Operations
Compliance
Safety and Security
Human Resources
Customer Relations
Program Management
Facilities Management
Event Management
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Director
Facility Manager
Event Coordinator
Safety Officer
Program Director
Sports Coach
Fitness Instructor
Adventure Guide
Educational Administrator
Contract Manager
Business Owner
General Manager
Human Resources Director
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