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Simple Waiver for Hong Kong

Simple Waiver Template for Hong Kong

A Simple Waiver is a legal document governed by Hong Kong law that formally documents one party's voluntary relinquishment of certain rights, claims, or privileges against another party. The document establishes the specific rights being waived, acknowledges the waiving party's understanding of the consequences, and ensures compliance with Hong Kong's common law requirements for valid waivers, including consideration unless executed as a deed. It serves as a binding agreement that provides clarity and certainty regarding the waived rights while protecting both parties' interests under Hong Kong jurisdiction.

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Simple Waiver

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What is a Simple Waiver?

The Simple Waiver is a fundamental legal instrument used in Hong Kong business and commercial relationships when one party wishes to formally surrender certain rights, claims, or privileges. This document type is particularly useful in situations involving dispute resolution, contract modifications, or settlement agreements. The Simple Waiver must comply with Hong Kong common law principles and relevant ordinances, particularly regarding consideration and third-party rights. It typically includes clear identification of the parties, explicit description of the rights being waived, confirmation of voluntary action, and consideration details. This document is essential in various scenarios such as debt settlements, shareholder disputes, employment matters, or commercial contract modifications, where formal documentation of rights relinquishment is necessary for legal certainty.

What sections should be included in a Simple Waiver?

1. Parties: Identifies and defines all parties to the waiver, including full legal names and addresses

2. Background: Describes the context and circumstances leading to the waiver, including reference to any relevant agreements or rights being waived

3. Definitions: Defines key terms used in the waiver document

4. Waiver: Clearly states the specific rights, claims, or obligations being waived

5. Acknowledgment: Contains party's acknowledgment of understanding the rights being waived and confirmation of voluntary action

6. Consideration: States the consideration provided for the waiver (if not executed as a deed)

7. Governing Law: Specifies Hong Kong law as the governing law of the waiver

What sections are optional to include in a Simple Waiver?

1. Reservation of Rights: Optional section clarifying any rights that are specifically not being waived - include when partial waiver of rights is intended

2. Time Limitation: Optional section specifying if the waiver is temporary or has an expiry date - include when waiver is not intended to be permanent

3. Conditions: Optional section detailing any conditions attached to the waiver - include when waiver is conditional

4. Third Party Rights: Optional section addressing whether third parties have rights under the waiver - include when third party rights are relevant

5. Entire Agreement: Optional section confirming the waiver represents the entire agreement regarding the waived rights - include in more complex situations

What schedules should be included in a Simple Waiver?

1. Schedule 1 - Rights Being Waived: Detailed description of specific rights, claims or obligations being waived (used when the list is extensive)

2. Schedule 2 - Related Agreements: List and details of any related agreements referenced in the waiver

3. Schedule 3 - Supporting Documents: Copies of any relevant supporting documents referenced in the waiver

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 | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions




















Clauses




















Relevant Industries

Financial Services

Banking

Real Estate

Construction

Manufacturing

Professional Services

Technology

Retail

Healthcare

Insurance

Telecommunications

Transportation and Logistics

Relevant Teams

Legal

Compliance

Risk Management

Commercial

Corporate Secretarial

Finance

Operations

Human Resources

Business Development

Project Management

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Contract Manager

Company Secretary

Chief Legal Officer

Business Development Manager

Commercial Director

Chief Financial Officer

Operations Manager

Project Manager

Human Resources Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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