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
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