Waiver Of Liability (Insurance) Template for Hong Kong

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Key Requirements PROMPT example:

Waiver Of Liability (Insurance)

"I need a Waiver of Liability (Insurance) document for my adventure tourism company in Hong Kong, covering high-risk activities including rock climbing and white-water rafting, with specific provisions for equipment usage and emergency medical treatment."

Document background
The Waiver of Liability (Insurance) document is essential in Hong Kong's insurance and risk management landscape, particularly where parties need to clearly establish the boundaries of insurance coverage and liability. This document is typically used when there's a need to formally document the voluntary relinquishment of the right to sue or make claims under specific circumstances, while ensuring compliance with Hong Kong's insurance regulations and contract law. It's commonly employed in situations involving high-risk activities, specialized insurance arrangements, or complex commercial relationships where standard insurance coverage requires modification or limitation. The document must carefully balance the interests of all parties while maintaining enforceability under Hong Kong law, particularly considering the requirements of the Insurance Ordinance and the Control of Exemption Clauses Ordinance.
Suggested Sections

1. Parties: Identifies all parties to the waiver, including the insurer, insured party, and any relevant third parties

2. Background: Explains the context and purpose of the waiver, including the relationship between the parties

3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation

4. Scope of Waiver: Clearly outlines what risks, activities, or liabilities are being waived

5. Acknowledgment of Risk: Statement confirming the signing party understands and accepts the risks involved

6. Release of Liability: Specific terms of the release, including what claims are being waived

7. Exceptions to Waiver: Clearly states what is not covered by the waiver (e.g., gross negligence, willful misconduct)

8. Representations and Warranties: Statements of fact or promises made by the parties regarding their capacity and authority

9. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Coverage: Details of any existing insurance coverage relevant to the waiver - include when specific insurance policies are referenced

2. Medical Release: Authorization for emergency medical treatment - include when activities involve physical risk

3. Photo/Video Release: Waiver of rights related to photographs or recordings - include when activities may be documented

4. Indemnification: Agreement to indemnify against third-party claims - include when third-party risks are significant

5. Severability: Provision ensuring remainder of agreement stays valid if any part is found unenforceable - include in complex waivers

6. Duration and Termination: Specifies how long the waiver remains in effect - include when not a one-time event

7. Assignment: Prohibition or permission of rights assignment - include when rights transfer is a concern

Suggested Schedules

1. Schedule 1 - Covered Activities: Detailed list of activities or situations covered by the waiver

2. Schedule 2 - Specific Risks: Enumeration of specific risks being waived

3. Schedule 3 - Insurance Policies: Details of relevant insurance policies including policy numbers and coverage limits

4. Appendix A - Safety Procedures: Required safety procedures or protocols related to the waived activities

5. Appendix B - Emergency Contacts: List of emergency contacts and procedures

6. Appendix C - Claim Procedures: Procedures for handling any permitted claims or notifications

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

Relevant Industries

Insurance

Financial Services

Sports and Recreation

Healthcare

Construction

Manufacturing

Transportation

Education

Event Management

Adventure Tourism

Professional Services

Real Estate

Maritime

Aviation

Relevant Teams

Legal

Risk Management

Compliance

Insurance Operations

Corporate Governance

Finance

Operations

Underwriting

Claims Processing

Policy Administration

Relevant Roles

Risk Manager

Insurance Underwriter

Legal Counsel

Compliance Officer

Chief Risk Officer

Insurance Claims Manager

Corporate Secretary

Chief Financial Officer

Operations Director

Contract Manager

Insurance Broker

Risk Assessment Officer

Legal Director

Insurance Policy Administrator

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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