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Consent And Indemnity Form for Hong Kong

Consent And Indemnity Form Template for Hong Kong

A Hong Kong law-governed Consent and Indemnity Form is a legal document that serves two primary purposes: obtaining explicit consent from an individual or entity for specific activities or circumstances, and establishing indemnification provisions to protect against potential liabilities. This document is structured in accordance with Hong Kong legal requirements, particularly the Contract Ordinance (Cap. 26) and Personal Data (Privacy) Ordinance (Cap. 486), ensuring enforceability while providing clear risk allocation between parties. It includes detailed consent provisions, specific indemnity clauses, and necessary declarations to demonstrate understanding and agreement of all parties involved.

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What is a Consent And Indemnity Form?

The Consent And Indemnity Form is a crucial legal document used in Hong Kong when organizations or individuals need to obtain explicit consent for specific activities while simultaneously protecting themselves against potential liabilities. This document type is commonly utilized in situations involving risk-bearing activities, data processing, medical procedures, educational programs, or specialized services. The form must comply with Hong Kong's legal framework, particularly regarding contract formation, personal data protection, and liability limitations. It typically includes specific consent statements, comprehensive indemnity provisions, risk acknowledgments, and execution requirements. The document's dual nature as both a consent mechanism and a risk management tool makes it essential for organizations operating in Hong Kong across various sectors where clear documentation of consent and liability protection is required.

What sections should be included in a Consent And Indemnity Form?

1. Parties: Identification of all parties involved, including the party giving consent and being indemnified, and the party receiving the consent and indemnity

2. Background: Brief context explaining the purpose of the consent and indemnity

3. Definitions: Key terms used in the document, particularly defining the scope of activities covered by the consent and indemnity

4. Consent Provisions: Clear and specific statements of consent, detailing exactly what activities or matters are being consented to

5. Indemnity Provisions: Detailed indemnity clauses specifying the scope of indemnity, including what losses and liabilities are covered

6. Declarations: Statements confirming the signing party understands the implications of the consent and indemnity

7. Execution: Signature blocks and execution formalities

What sections are optional to include in a Consent And Indemnity Form?

1. Personal Data Collection Statement: Required when the consent involves collection or processing of personal data under the Personal Data (Privacy) Ordinance

2. Limitation of Liability: Optional clause limiting the scope of indemnity, used when specific risks need to be excluded

3. Duration and Termination: Include when the consent and indemnity need to be time-limited or when termination rights are required

4. Governing Law and Jurisdiction: While Hong Kong law is specified, this section may be included for extra clarity especially if cross-border elements exist

5. Witness Provisions: Required when additional formality or evidence of execution is needed

6. Parent/Guardian Consent: Required when the consenting party is a minor or lacks capacity

What schedules should be included in a Consent And Indemnity Form?

1. Schedule 1 - Scope of Activities: Detailed description of activities or matters covered by the consent and indemnity

2. Schedule 2 - Specific Risks: List of specific risks acknowledged by the consenting party

3. Appendix A - Supporting Documents: Any required supporting documentation such as proof of identity or capacity

4. Appendix B - Personal Information Form: Required when collecting personal data as part of the consent process

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Healthcare

Education

Sports and Recreation

Financial Services

Real Estate

Insurance

Tourism and Hospitality

Entertainment

Professional Services

Construction

Technology

Research and Development

Relevant Teams

Legal

Risk Management

Compliance

Operations

Human Resources

Program Management

Event Management

Facility Management

Safety and Security

Insurance

Corporate Secretariat

Contract Administration

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Human Resources Director

Program Coordinator

Event Manager

Facility Manager

Safety Officer

Insurance Manager

Company Secretary

Contract Administrator

General Manager

Project Manager

Medical Director

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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