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Risk Waiver Form

Risk Waiver Form Template for Hong Kong

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Key Requirements PROMPT example:

Risk Waiver Form

"I need a Risk Waiver Form for my new rock climbing facility in Hong Kong, opening in March 2025, that covers both adult participants and minors, with specific provisions for equipment usage and medical emergencies."

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Document background
The Risk Waiver Form is an essential legal document used in Hong Kong to manage liability risks in various activities and services. This document becomes necessary when organizations offer activities or services that carry inherent risks, requiring participants to acknowledge and accept these risks before participation. The form must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and common law principles. It serves multiple purposes: protecting the service provider from certain liability claims, ensuring participants are fully informed of risks, collecting essential medical and emergency contact information, and documenting the participant's informed consent. The document must be carefully drafted to remain enforceable under Hong Kong law while not attempting to exclude liability for death or personal injury caused by negligence, which would be void under local legislation.
Suggested Sections

1. Parties: Identification of all parties involved - the party providing the service/activity and the participant signing the waiver

2. Background: Brief context about the activity or service for which the waiver is being signed

3. Definitions: Clear definitions of key terms used in the waiver, including 'Risk', 'Activity', 'Injury', etc.

4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activity

5. Voluntary Participation: Statement confirming that participation is voluntary and participant understands the risks

6. Waiver and Release: Core section detailing what liability is being waived and released

7. Medical Declaration: Participant's confirmation of physical fitness and disclosure of relevant medical conditions

8. Emergency Contact: Space for emergency contact information

9. Governing Law: Specification that Hong Kong law governs the waiver

10. Execution: Signature blocks, date, and witness sections

Optional Sections

1. Photo/Video Release: Optional section for consent to use photographs or videos, relevant for public events or activities

2. Insurance Declaration: Section about participant's personal insurance coverage, relevant for high-risk activities

3. Equipment Usage: Section about proper use and responsibility for equipment, relevant when equipment is provided

4. Parent/Guardian Consent: Required only when the participant is under 18 or lacks capacity to contract

5. Group Activity Provisions: Additional terms for group activities or team events

6. Covid-19/Health Protocols: Specific health and safety protocols, particularly relevant during public health concerns

Suggested Schedules

1. Schedule 1 - Detailed Risk Description: Comprehensive list of specific risks associated with the activity

2. Schedule 2 - Safety Procedures: Detailed safety procedures and protocols that must be followed

3. Schedule 3 - Equipment List: List of equipment provided or required, with safety specifications if applicable

4. Appendix A - Emergency Procedures: Detailed emergency procedures and protocols

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Sports and Recreation

Adventure Tourism

Entertainment

Education

Fitness and Wellness

Medical Research

Clinical Trials

Extreme Sports

Event Management

Transportation

Construction Site Visits

Manufacturing Facility Tours

Theme Parks and Attractions

Research and Development

Professional Training

Relevant Teams

Legal

Risk Management

Compliance

Operations

Safety and Security

Events

Customer Service

Facilities Management

Human Resources

Insurance

Medical Services

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Safety Officer

Event Coordinator

Activity Director

Insurance Manager

Customer Service Manager

Facility Manager

Training Coordinator

Program Director

Human Resources Manager

Medical Director

Corporate Secretary

Industries
Control of Exemption Clauses Ordinance (Cap. 71): This ordinance regulates the extent to which civil liability for breach of contract or negligence can be excluded or restricted. It's crucial for determining what risks can legally be waived.
Unconscionable Contracts Ordinance (Cap. 458): This legislation protects against unfair or unconscionable terms in contracts, ensuring the waiver terms are reasonable and not overly harsh on the signing party.
Supply of Services (Implied Terms) Ordinance (Cap. 457): Relevant for understanding what implied terms exist in service contracts and which of these can or cannot be waived.
Personal Data (Privacy) Ordinance (Cap. 486): Important for handling any personal data collected through the waiver form and ensuring compliance with data protection requirements.
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Relevant when the waiver might affect or benefit third parties not directly party to the agreement.
Misrepresentation Ordinance (Cap. 284): Important for ensuring all information provided in relation to the waiver is accurate and not misleading.
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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