The Food Liability Waiver is designed for use in Hong Kong's food service industry where businesses seek to manage their legal exposure while maintaining compliance with local regulations. This document becomes particularly important in scenarios involving specialized dietary requirements, allergen risks, or unique food preparation methods. The waiver helps establish clear expectations and responsibilities between food service providers and customers, while acknowledging that certain liabilities cannot be waived under Hong Kong law. It includes provisions for food safety protocols, allergen warnings, and customer acknowledgments, making it essential for restaurants, catering services, and food delivery operations. The document should be updated regularly to reflect changes in Hong Kong's food safety regulations and consumer protection laws.
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1. Parties: Identification of the food service provider/establishment and the customer (waiver signer)
2. Background: Context of the food service being provided and purpose of the waiver
3. Definitions: Clear definitions of key terms including 'Food Services', 'Premises', 'Known Allergens', and 'Liability'
4. Scope of Services: Description of food services covered by the waiver
5. Acknowledgment of Risks: Customer's acknowledgment of inherent risks in food consumption
6. Waiver and Release: Specific terms of the liability waiver, clearly stating what liability is being waived while maintaining compliance with Hong Kong law
7. Exclusions from Waiver: Clear statement of what cannot be waived under Hong Kong law (e.g., gross negligence, death, personal injury)
8. Customer Obligations: Customer's responsibilities including disclosure of allergies and medical conditions
9. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
10. Signature and Declaration: Space for customer signature and date, affirming understanding and voluntary acceptance
1. Special Dietary Requirements: Additional section for establishments offering specialized dietary options (e.g., vegetarian, halal, kosher)
2. Allergen Specific Provisions: Detailed section for establishments handling common allergens or offering allergy-sensitive menu items
3. Photography and Social Media: Terms regarding food photography and social media posting if relevant to the establishment
4. Event-Specific Terms: Additional terms for special events or catering services
5. Delivery Services: Additional provisions for establishments offering delivery services
6. Temperature-Sensitive Items: Special provisions for establishments serving raw or temperature-sensitive items like sashimi
1. Schedule 1: Menu Items: List of specific food items or categories covered by the waiver
2. Schedule 2: Allergen List: Comprehensive list of allergens that may be present in the establishment's food items
3. Schedule 3: Food Handling Procedures: Summary of establishment's food safety and handling procedures
4. Appendix A: Incident Report Form: Standard form for reporting any food-related incidents or adverse reactions
5. Appendix B: Emergency Procedures: Procedures to follow in case of allergic reactions or other food-related emergencies
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