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Personal Liability Waiver Template for Hong Kong

A Personal Liability Waiver document governed by Hong Kong law that provides a legal framework for releasing parties from potential liability claims. This document is structured to comply with Hong Kong's Control of Exemption Clauses Ordinance and related legislation, incorporating necessary provisions for risk acknowledgment, explicit waiver statements, and clear delineation of what can and cannot be waived under Hong Kong law. The document includes comprehensive sections covering risk disclosure, liability limitations, and specific circumstances under which the waiver applies, while maintaining compliance with Hong Kong's legal requirements regarding unconscionable contracts and consumer protection.

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What is a Personal Liability Waiver?

The Personal Liability Waiver is essential for businesses and organizations operating in Hong Kong that need to manage their risk exposure when providing services or organizing activities. This document is commonly used across various sectors including recreational activities, professional services, and healthcare, where participants or clients need to acknowledge risks and waive certain rights to claims. The waiver must be carefully drafted to comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and Unconscionable Contracts Ordinance, which set limits on what rights can be waived. It's crucial to note that while Personal Liability Waivers are generally enforceable in Hong Kong, they cannot exclude liability for death, personal injury resulting from negligence, or fraudulent actions.

What sections should be included in a Personal Liability Waiver?

1. Parties: Identification of the party providing the waiver (releasor) and the party being released from liability (releasee)

2. Background: Context of the waiver, including the activity or situation to which it applies

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

4. Acknowledgment of Risks: Explicit acknowledgment by the releasor of the risks involved in the activity

5. Waiver and Release: Core section detailing the specific liabilities and claims being waived

6. Exceptions to Waiver: Clear statement of what is not covered by the waiver (e.g., gross negligence, willful misconduct)

7. Representations and Warranties: Statements by the releasor about their capacity, understanding, and voluntary acceptance

8. Indemnification: Agreement by the releasor to indemnify the releasee against third-party claims

9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and Hong Kong courts' jurisdiction

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Personal Liability Waiver?

1. Medical Release: Authorization for emergency medical treatment, used when the waiver relates to physical activities

2. Photo/Video Release: Permission to use images/videos, relevant for public events or activities

3. Insurance: Details of any required insurance coverage, used when specific insurance is necessary

4. Parent/Guardian Consent: Additional section when the releasor is a minor

5. COVID-19 Acknowledgment: Specific virus-related risks and waiver provisions, used during public health concerns

6. Equipment Usage: Specific provisions related to use of equipment, relevant for sports or technical activities

What schedules should be included in a Personal Liability Waiver?

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

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

3. Schedule 3 - Safety Procedures: Required safety procedures and protocols

4. Appendix A - Emergency Contact Information: Form for emergency contact details

5. Appendix B - Medical Information: Optional form for relevant medical information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Document Type

Loan Agreement

Sector

Banking

Cost

Free to use

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