The Disclaimer Waiver And Release agreement is a critical risk management tool in Hong Kong's legal landscape, designed to protect organizations and service providers from potential liability while ensuring participants or users are fully informed of risks. This document is essential when engaging in activities or services that carry inherent risks, requiring clear documentation of consent and understanding. It must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and Unconscionable Contracts Ordinance, while balancing the interests of all parties. The agreement is commonly used in recreational activities, professional services, educational programs, and various business operations where risk allocation needs to be clearly documented and agreed upon.
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1. Parties: Identification of all parties involved in the agreement, including full legal names and addresses
2. Background: Context of the agreement, relationship between parties, and purpose of the waiver and release
3. Definitions: Clear definitions of key terms used throughout the document
4. Scope of Activities: Detailed description of activities, services, or situations covered by the waiver
5. Acknowledgment of Risks: Clear statement of risks being assumed by the releasing party
6. Waiver and Release: Core provisions detailing the rights being waived and extent of release from liability
7. Exclusions from Waiver: Any rights or claims that cannot be waived under Hong Kong law
8. Representations and Warranties: Statements confirming understanding of the waiver and capacity to enter into it
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 activities might require emergency medical treatment, authorizing medical care
2. Photo/Media Release: Include when the activities might involve photography or media recording
3. Insurance Provisions: Required when specifying insurance obligations or acknowledgments
4. Indemnification: Additional protection where the releasing party agrees to indemnify against third-party claims
5. Parent/Guardian Consent: Required when the releasing party is a minor
6. Severability: Optional clause ensuring remainder of agreement survives if any part is found invalid
7. Electronic Execution: Include when the waiver may be signed electronically
8. Confidentiality: Required when the activities involve access to confidential information
1. Schedule of Activities: Detailed list of specific activities covered by the waiver
2. Schedule of Risks: Comprehensive list of potential risks associated with the activities
3. Schedule of Excluded Claims: List of claims or rights that cannot be waived under Hong Kong law
4. Schedule of Insurance Requirements: Details of any required insurance coverage
5. Schedule of Safety Procedures: Required safety protocols or procedures related to the activities
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education and Training
Entertainment
Healthcare
Professional Services
Tourism and Hospitality
Fitness and Wellness
Adventure Sports
Technology
Events Management
Real Estate
Manufacturing
Research and Development
Media and Broadcasting
Relevant Teams
Legal
Risk Management
Compliance
Operations
Customer Relations
Safety and Security
Business Development
Administrative
Corporate Governance
Facilities Management
Program Management
Events Management
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Director
Facility Manager
Events Coordinator
Program Director
Safety Officer
Business Development Manager
Customer Relations Manager
Training Coordinator
Sports Director
General Manager
Contract Administrator
Corporate Secretary
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