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Damage Waiver Form Template for Hong Kong

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Key Requirements PROMPT example:

Damage Waiver Form

"I need a Damage Waiver Form for my adventure sports company in Hong Kong that offers rock climbing and hiking activities, with specific coverage for equipment damage and personal injury, including provisions for both local and international participants."

Document background
The Damage Waiver Form is a critical risk management tool used in Hong Kong business operations where there is potential for property damage, personal injury, or other losses. This document is commonly implemented when participants engage in activities with inherent risks, use facilities, or participate in events where the service provider needs to limit their liability exposure. The form must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and related legislation. It typically includes detailed risk acknowledgments, clear waiver statements, and specific provisions required under Hong Kong law. The document serves both to inform participants of potential risks and to establish a legal framework for liability limitation, while maintaining fairness and reasonableness as required by Hong Kong courts.
Suggested Sections

1. Parties: Identification of the party providing the waiver (releaser) and the party being released from liability (releasee), including full legal names and addresses

2. Background: Brief context of the activity, service, or property that is subject to the waiver

3. Definitions: Clear definitions of key terms used in the waiver, including 'Damage', 'Activities', 'Property', and other relevant terms

4. Acknowledgment of Risks: Clear statement of the risks involved and confirmation that the signing party understands these risks

5. Waiver Declaration: Express statement of the waiver of liability and specific rights being given up

6. Scope of Waiver: Detailed description of what types of damage, injuries, or losses are covered by the waiver

7. Governing Law: Statement that the waiver is governed by Hong Kong law

8. Execution: Signature blocks, date, and witness provisions

Optional Sections

1. Medical Authorization: Optional section authorizing emergency medical treatment if the waiver relates to physical activities

2. Photography/Media Release: Optional section for permission to use photographs or recordings if relevant to the activity

3. Insurance Declaration: Optional section regarding insurance coverage and responsibilities

4. Parent/Guardian Consent: Required only if the participant is under 18 years of age

5. Severability Clause: Optional clause stating that if any part of the waiver is found to be unenforceable, the rest remains valid

6. Translation Declaration: Required only if the form is provided in multiple languages, confirming which version prevails

Suggested Schedules

1. Schedule 1 - Description of Activities: Detailed list of activities or services covered by the waiver

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

3. Appendix A - Safety Guidelines: Safety rules and procedures that must be followed

4. Appendix B - Emergency Contacts: Form for emergency contact information if relevant to the activity

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























Clauses























Relevant Industries

Sports and Recreation

Education

Entertainment

Tourism

Fitness and Wellness

Property Management

Event Management

Adventure Tourism

Retail

Healthcare

Transportation

Manufacturing

Construction

Relevant Teams

Legal

Risk Management

Operations

Compliance

Customer Service

Administration

Safety and Security

Events Management

Program Management

Facility Management

Relevant Roles

Risk Manager

Legal Counsel

Operations Director

Facility Manager

Safety Officer

Compliance Manager

Customer Service Manager

Events Coordinator

Program Director

Business Owner

General Manager

Corporate Secretary

Insurance Coordinator

Activities Director

Administrative Manager

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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