Liability Forms are essential legal documents used across various sectors in Hong Kong to manage risk and protect businesses and service providers from potential legal claims. These forms must comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and related legislation. The document is typically employed when offering services or activities that carry inherent risks, requiring participants to acknowledge these risks and waive certain rights to legal action. The form includes clear identification of parties, risk acknowledgments, liability releases, and indemnification clauses, all structured to be enforceable under Hong Kong law. It's particularly crucial for businesses offering physical activities, professional services, or any operations where customer interaction could lead to potential liability issues.
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1. Identification of Parties: Details of the party providing the liability waiver/release and the party accepting it, including full legal names and contact information
2. Definitions: Clear definitions of key terms used throughout the form, including 'Liability', 'Claims', 'Loss', and any activity-specific terminology
3. Purpose and Scope: Clear statement of the activities, services, or circumstances covered by the liability form
4. Acknowledgment of Risks: Detailed description of potential risks and hazards associated with the activity or service
5. Liability Release: Core waiver language releasing the provider from specific types of liability, carefully worded to comply with Hong Kong law
6. Indemnification: Agreement by the signing party to indemnify the provider against certain claims or losses
7. Governing Law: Specification that Hong Kong law governs the agreement and Hong Kong courts have jurisdiction
8. Signature Block: Space for dated signatures, witness signatures if required, and confirmation of understanding
1. Medical Declaration: Required for activities involving physical exertion or risk, including health condition confirmations and emergency contact information
2. Photo/Video Release: Optional section for activities where photography or videography may occur, granting permission for image use
3. Parent/Guardian Consent: Required when the participant is under 18 or lacks capacity to contract
4. Insurance Details: Optional section specifying insurance requirements or coverage details if relevant to the activity
5. Data Privacy Statement: Required when personal data is collected, outlining compliance with the Personal Data (Privacy) Ordinance
6. Equipment Usage Terms: Required for activities involving use of equipment or facilities, including responsibility for damage
1. Schedule 1 - Description of Activities: Detailed list and description of all activities covered by the liability waiver
2. Schedule 2 - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Schedule 3 - Safety Procedures: Outline of safety procedures and protocols that must be followed
4. Appendix A - Emergency Procedures: Details of emergency protocols and contact information
5. Appendix B - Medical Information Form: Template for collecting relevant medical information when required
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Education and Training
Healthcare
Fitness and Wellness
Tourism and Hospitality
Entertainment
Adventure Sports
Professional Services
Retail
Manufacturing
Construction
Transportation
Event Management
Child Care Services
Relevant Teams
Legal
Risk Management
Compliance
Operations
Customer Service
Safety and Security
Administration
Corporate Governance
Business Development
Facility Operations
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Business Owner
Program Director
Customer Service Manager
General Manager
Corporate Secretary
Chief Operating Officer
Athletic Director
Recreation Coordinator
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