The Accident Waiver And Release Of Liability Form is a crucial legal document used in Hong Kong when organizations or individuals offer activities that carry inherent risks. This document serves to protect service providers from potential liability claims while ensuring participants make informed decisions about their participation. It's commonly used across various sectors including sports, adventure tourism, and corporate events. The form must comply with Hong Kong's Control of Exemption Clauses Ordinance and related legislation, which set specific requirements for the enforceability of liability waivers. It typically includes comprehensive risk disclosures, clear liability release provisions, and medical authorization components, all structured to meet Hong Kong legal standards while remaining accessible to the general public.
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1. Parties: Identification of all parties involved - the releasor (person signing the waiver) and releasee (organization/person being released from liability)
2. Background: Brief context about the activity or event for which the waiver is being signed
3. Definitions: Clear definitions of key terms used throughout the document, including 'Activities', 'Claims', 'Injuries', etc.
4. Acknowledgment of Risks: Detailed section where the participant acknowledges understanding of all potential risks involved in the activity
5. Voluntary Participation: Statement confirming that participation is voluntary and participant is qualified to participate
6. Waiver and Release: Core section detailing the specific rights being waived and the extent of liability release
7. Medical Authorization: Authorization for emergency medical treatment if needed during the activity
8. Insurance Confirmation: Acknowledgment regarding insurance coverage and responsibility for medical costs
9. Severability: Clause stating that if any portion is held invalid, the remainder continues in full force
10. Governing Law: Specification that Hong Kong law governs the agreement
11. Declaration and Signature: Final declaration of understanding and agreement, with space for signatures and dates
1. Photo/Video Release: Optional section for releasing rights to use photographs or videos of the participant during the activity
2. Parent/Guardian Consent: Required only when the participant is under 18 years old
3. Equipment Usage: Include when the activity involves use of specific equipment or facilities
4. Covid-19 Acknowledgment: Special provisions related to pandemic risks and health protocols
5. Translation Declaration: Include when the form is provided in multiple languages
6. Group Activity Provisions: Include when the activity involves group participation or team activities
7. Property Damage Waiver: Include when there's potential risk to participant's personal property
8. Fitness Declaration: Include when the activity requires specific physical fitness levels or health conditions
1. Schedule 1 - Activity Description: Detailed description of the activities covered by the waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3 - Safety Procedures: Outline of safety procedures and protocols participants must follow
4. Schedule 4 - Emergency Contacts: Form for participant's emergency contact information
5. Appendix A - Medical Information: Optional form for relevant medical information and conditions
6. Appendix B - Equipment Checklist: List of required equipment or gear for the activity, if applicable
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Fitness and Wellness
Construction
Event Management
Education
Corporate Team Building
Manufacturing
Healthcare
Entertainment
Research and Development
Transportation
Industrial Services
Hospitality
Relevant Teams
Legal
Risk Management
Operations
Health and Safety
Events
Human Resources
Compliance
Training and Development
Facilities Management
Insurance
Customer Relations
Project Management
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Safety Officer
Event Coordinator
Facility Manager
Activities Director
Program Coordinator
Compliance Officer
Insurance Manager
Human Resources Director
Training Coordinator
Adventure Sports Instructor
Fitness Trainer
Tour Guide
Site Supervisor
Project Manager
Corporate Events Manager
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