Release Of Liability Waiver for Hong Kong

Release Of Liability Waiver Template for Hong Kong

A Release of Liability Waiver is a legal document governed by Hong Kong law that provides protection to businesses, organizations, or individuals by having participants acknowledge risks and waive certain legal rights to make claims. The document must comply with Hong Kong's Control of Exemption Clauses Ordinance and related legislation, which place specific limitations on liability exclusions, particularly regarding death or personal injury caused by negligence. It includes detailed risk acknowledgments, clear waiver provisions, and specific exceptions required under Hong Kong law, making it essential for activities or services that carry inherent risks.

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What is a Release Of Liability Waiver?

The Release of Liability Waiver is a crucial risk management tool in Hong Kong's business and recreational landscape. It serves to protect organizations and individuals providing services or activities by establishing a clear understanding of risks and responsibilities between parties. This document is commonly used in situations involving physical activities, events, or services where there are inherent risks that participants need to acknowledge and accept. The waiver must be drafted in compliance with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and related legislation, which set specific limitations on what types of liability can be waived. It's essential to note that under Hong Kong law, certain liabilities, such as those relating to death or personal injury caused by negligence, cannot be excluded.

What sections should be included in a Release Of Liability Waiver?

1. Parties: Identification of the party granting the waiver (Releasor) and the party being released from liability (Releasee), including full legal names and addresses

2. Background: Brief context explaining the purpose of the waiver and the relationship between the parties

3. Definitions: Key terms used throughout the document, including 'Activities', 'Claims', 'Liability', and other relevant definitions

4. Acknowledgment of Risks: Detailed description of the risks involved in the activities covered by the waiver, demonstrating the Releasor's informed consent

5. Waiver and Release: Core provision where the Releasor agrees to waive rights and release the Releasee from liability, specifically outlining what claims are being waived

6. Exceptions to Waiver: Clear statement of what cannot be waived under Hong Kong law (e.g., death or personal injury caused by negligence)

7. Indemnification: Releasor's agreement to indemnify the Releasee against claims brought by third parties

8. Governing Law: Specification that Hong Kong law governs the waiver and its interpretation

9. Execution: Signature blocks, date, and witness requirements

What sections are optional to include in a Release Of Liability Waiver?

1. Medical Authorization: Authorization for emergency medical treatment, used when the waiver covers physical activities or events

2. Parent/Guardian Consent: Additional section required when the Releasor is a minor, including parent/guardian acknowledgment and consent

3. Photo/Video Release: Optional media release clause when activities may involve photography or videography

4. Insurance Obligations: Section specifying any insurance requirements or acknowledgments, particularly relevant for high-risk activities

5. Severability: Clause ensuring that if any part of the waiver is found unenforceable, the rest remains valid

6. Duration and Termination: Section defining how long the waiver remains in effect, used for ongoing activities rather than one-time events

What schedules should be included in a Release Of Liability Waiver?

1. Schedule 1 - Description of Activities: Detailed list and description of all activities covered by the waiver

2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule 3 - Safety Procedures: Optional schedule outlining safety procedures and protocols that the Releasor agrees to follow

4. Schedule 4 - Emergency Contacts: List of emergency contacts and medical information, particularly relevant when including the Medical Authorization section

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

Cost

Free to use
Relevant Industries

Sports and Recreation

Education

Entertainment

Tourism and Hospitality

Fitness and Wellness

Adventure Sports

Event Management

Healthcare

Corporate Training

Real Estate

Construction

Transportation

Retail

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Event Management

Safety and Security

Administrative

Business Development

Human Resources

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Event Coordinator

Facility Manager

Safety Officer

Program Director

Athletic Director

Business Owner

General Manager

Recreation Coordinator

Training Manager

Customer Service Manager

Contract Administrator

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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