The Consent And Waiver Form is a crucial legal document used in Hong Kong when organizations need to obtain explicit permission from individuals while managing potential liability risks. It serves dual purposes: securing informed consent for specific activities or services, and establishing a clear waiver of certain legal rights. This document is particularly important in Hong Kong's common law jurisdiction, where both written consent and liability waivers carry significant legal weight. The form must comply with various Hong Kong ordinances, including the Personal Data (Privacy) Ordinance and the Control of Exemption Clauses Ordinance. It's commonly used in situations involving physical activities, medical procedures, data collection, or any scenario where participants need to acknowledge and accept inherent risks.
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1. Party Information: Identification of all parties involved, including full legal names and contact details
2. Purpose and Background: Clear explanation of why the consent and waiver is needed and the context of the activities or services involved
3. Definitions: Clear definitions of key terms used throughout the document
4. Acknowledgment of Risks: Detailed acknowledgment of potential risks and hazards associated with the activity or service
5. Consent Declaration: Express statement of consent to participate in the activity or receive the service
6. Waiver and Release: Clear statement of rights being waived and release of liability
7. Indemnification: Agreement to indemnify the released party against claims
8. Governing Law: Specification that Hong Kong law governs the agreement
9. Execution: Signature blocks, date, and witness provisions
1. Medical Consent: Additional consent for medical treatment, used when activities might require emergency medical care
2. Photo/Video Release: Consent for use of photographs or videos, used when activity might involve recording
3. Data Protection Notice: Detailed section about personal data collection and usage, required when collecting sensitive personal data
4. Parent/Guardian Consent: Additional section for minors, required when participant is under 18
5. Insurance Declaration: Statement about insurance coverage, used in high-risk activities
6. Severability Clause: Clause ensuring remainder of agreement stays valid if one part is found unenforceable
7. Translation Declaration: Used when form is provided in multiple languages, declaring which version prevails
1. Schedule 1 - Description of Activities: Detailed description of activities or services being consented to
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3 - Safety Procedures: List of safety procedures and protocols
4. Appendix A - Emergency Contact Information: Form for emergency contact details
5. Appendix B - Medical Information: Form for relevant medical information when applicable
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Healthcare
Education
Entertainment
Tourism and Hospitality
Research and Development
Clinical Trials
Financial Services
Professional Services
Events and Conferences
Adventure Tourism
Fitness and Wellness
Photography and Media
Medical Research
Transportation
Relevant Teams
Legal
Compliance
Risk Management
Operations
Customer Service
Safety and Security
Events
Research
Clinical Operations
Administrative
Facilities Management
Front Desk
Medical Services
Relevant Roles
Legal Counsel
Compliance Officer
Risk Manager
Operations Manager
Program Director
Event Coordinator
Medical Director
Research Coordinator
Safety Officer
Customer Service Manager
Facility Manager
Athletic Director
Tour Guide
Fitness Instructor
Clinical Trial Administrator
Photography Director
Educational Administrator
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