This Personal Injury Waiver Form is essential for businesses and organizations operating in Hong Kong that offer activities with inherent physical risks. The document serves as a risk management tool, providing legal protection while ensuring compliance with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and relevant consumer protection laws. It should be used before participants engage in any potentially risky activities, from sports and adventure experiences to educational excursions and recreational events. The waiver includes crucial elements such as risk acknowledgment, liability release, emergency medical authorization, and personal data handling consent, while maintaining validity under Hong Kong jurisdiction. Special provisions can be incorporated for minors, group activities, or specific risk scenarios.
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1. Parties: Identification of the party providing the waiver (participant) and the party receiving the waiver (organization/service provider)
2. Background: Brief description of the activity or service for which the waiver is being provided
3. Definitions: Key terms used in the waiver including 'Activities', 'Injuries', 'Claims', 'Released Parties'
4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activity
5. Assumption of Risk: Express statement that the participant voluntarily assumes all risks
6. Waiver and Release: Core waiver language releasing the organization from liability
7. Medical Authorization: Permission to seek emergency medical treatment if needed
8. Personal Data Consent: Consent for collection and use of personal data in compliance with PDPO
9. Governing Law: Specification that Hong Kong law governs the agreement
10. Signature Block: Space for date, signatures, and witness signatures if required
1. Parent/Guardian Consent: Required when the participant is under 18 years of age
2. Group Activity Provisions: Additional terms for group or team activities
3. Photo/Video Release: Optional media release for promotional purposes
4. Insurance Declaration: Statement about participant's personal insurance coverage
5. Equipment Usage Terms: When specific equipment is provided for the activity
6. Special Health Considerations: For activities requiring specific health conditions or clearances
7. Severability Clause: Optional legal provision ensuring partial enforceability
1. Schedule 1 - Activity Description: Detailed description of activities covered by the waiver
2. Schedule 2 - Safety Rules and Procedures: List of safety protocols and requirements
3. Schedule 3 - Emergency Contact Information: Form for participant's emergency contact details
4. Appendix A - Medical Information Form: Optional form for relevant medical information
5. Appendix B - Equipment Checklist: List of required or provided equipment for the activity
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education
Tourism and Hospitality
Fitness and Wellness
Adventure Sports
Entertainment
Events Management
Healthcare
Youth Services
Corporate Team Building
Relevant Teams
Legal
Risk Management
Operations
Safety and Compliance
Customer Service
Events Management
Facilities Management
Program Administration
Sports Administration
Guest Relations
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Safety Officer
Event Coordinator
Sports Facility Manager
Recreation Program Director
Adventure Sports Instructor
Tour Guide
Compliance Officer
Athletic Director
School Administrator
Fitness Center Manager
Corporate Events Manager
Customer Service Manager
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