This Travel Waiver is essential for businesses and organizations operating in the travel and tourism sector in Hong Kong. The document should be used whenever providing travel-related services, activities, or experiences that carry inherent risks. It incorporates requirements under Hong Kong law, including compliance with the Travel Agents Ordinance and Control of Exemption Clauses Ordinance. The waiver typically includes comprehensive risk disclosures, medical declarations, emergency procedures, and explicit acknowledgments from participants. It serves both as a risk management tool and as a means of ensuring participants are fully informed of potential risks. This document is particularly crucial for adventure activities, overseas travel, and any services where participants engage in potentially risky activities.
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1. Parties: Identification of the travel service provider and the traveler(s)
2. Background: Context of the travel arrangement and purpose of the waiver
3. Definitions: Key terms used throughout the waiver including 'Activities', 'Services', 'Risk', etc.
4. Acknowledgment of Risks: Detailed outline of general risks associated with travel and activities
5. Assumption of Risk: Express assumption of risks by the traveler
6. Waiver and Release: Legal waiver of liability and release of claims
7. Medical Declaration: Traveler's confirmation of medical fitness for travel/activities
8. Emergency Authorization: Authorization for emergency medical treatment if needed
9. Governing Law and Jurisdiction: Specification of Hong Kong law and courts' jurisdiction
10. Execution: Signature blocks and execution requirements
1. Group Travel Provisions: Additional terms for group travel arrangements, used when booking involves multiple travelers
2. High-Risk Activities: Specific provisions for adventure or high-risk activities, included when itinerary includes such activities
3. Photography Release: Permission to use photos/videos, included when the operator plans to document activities
4. Insurance Requirements: Specific insurance obligations, included when additional insurance is required
5. COVID-19 Provisions: Specific provisions related to pandemic risks, included during relevant health situations
6. Minor Participation: Additional provisions when participants include minors, including parental consent
7. Equipment Usage: Terms for use of provided equipment, included when equipment is provided for activities
1. Schedule 1 - Activity Details: Detailed description of all travel activities and specific risks
2. Schedule 2 - Emergency Procedures: Emergency contact information and procedures
3. Schedule 3 - Medical Information Form: Template for participant's medical information
4. Appendix A - Safety Guidelines: Safety protocols and guidelines for specific activities
5. Appendix B - Insurance Information: Details of required/recommended insurance coverage
6. Appendix C - Local Emergency Services: List of local emergency services and contact information
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