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Indemnity Waiver for Hong Kong

Indemnity Waiver Template for Hong Kong

A comprehensive legal document governed by Hong Kong law that establishes a formal waiver of rights and indemnification between parties. The document outlines specific rights being waived, indemnification obligations, and their scope, while ensuring compliance with Hong Kong's Control of Exemption Clauses Ordinance and other relevant legislation. It includes necessary provisions for enforceability under Hong Kong law, clear identification of parties, and explicit acknowledgment of the waiver's implications.

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Indemnity Waiver

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What is a Indemnity Waiver?

The Indemnity Waiver is a critical risk management tool used in Hong Kong business and personal contexts where one party seeks to be released from potential liability while another agrees to waive certain rights to claims. It's particularly relevant in situations involving potentially risky activities, professional services, or where clear allocation of risk is necessary. The document must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and common law principles. It typically includes detailed provisions on the scope of the waiver, acknowledgments of understanding, and specific indemnification obligations. This document is essential for businesses and individuals seeking to manage legal exposure while maintaining valid and enforceable agreements under Hong Kong law.

What sections should be included in a Indemnity Waiver?

1. Parties: Identifies and defines all parties to the waiver agreement, including full legal names and addresses

2. Background: Explains the context and circumstances leading to the waiver agreement

3. Definitions: Defines key terms used throughout the document

4. Scope of Waiver: Clearly outlines what rights, claims, or remedies are being waived

5. Indemnity Provisions: Details the specific indemnification obligations and their scope

6. Acknowledgments: Statements confirming the parties understand the implications of the waiver

7. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and Hong Kong courts' jurisdiction

8. Execution: Signature blocks and execution requirements

What sections are optional to include in a Indemnity Waiver?

1. Consideration: Required if the waiver is being given in exchange for specific consideration

2. Duration: Include when the waiver needs to be time-limited or have a specific effective period

3. Exceptions: Include when certain claims or rights are specifically excluded from the waiver

4. Insurance: Include when insurance requirements need to be specified in relation to the indemnity

5. Severability: Include when there's a need to ensure remaining provisions survive if some are found invalid

6. Third Party Rights: Include when the waiver affects or is intended to benefit third parties

7. Notices: Include when ongoing obligations require formal communication between parties

What schedules should be included in a Indemnity Waiver?

1. Schedule 1 - Specific Claims or Rights Waived: Detailed list of specific claims, rights, or remedies being waived

2. Schedule 2 - Related Agreements: List of any related agreements or documents referenced in the waiver

3. Schedule 3 - Excluded Claims: List of specific claims or rights explicitly excluded from the waiver

4. Appendix A - Risk Disclosure Statement: Standard form risk disclosure statement acknowledging understanding of waiver implications

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

Document Type

Liability Waiver

Cost

Free to use
Relevant legal definitions






















Clauses




















Relevant Industries

Sports and Recreation

Entertainment

Education

Professional Services

Real Estate

Construction

Healthcare

Technology

Financial Services

Events and Hospitality

Manufacturing

Transportation

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Event Operations

Contract Administration

Business Development

Project Management

Human Resources

Health and Safety

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Facility Manager

Events Manager

Contract Administrator

Business Development Manager

Project Manager

Human Resources Director

Safety Officer

General Counsel

Company Secretary

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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