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Limited Liability Waiver for Hong Kong

Limited Liability Waiver Template for Hong Kong

A Limited Liability Waiver is a legal document governed by Hong Kong law that establishes an agreement between parties to waive certain legal rights and limit potential liability claims. The document operates within the framework of Hong Kong's Control of Exemption Clauses Ordinance and related legislation, ensuring compliance with local legal requirements while providing protection for businesses and service providers. It includes specific provisions for risk allocation, clearly defined scope of waived liability, and explicit exclusions as required under Hong Kong law, while maintaining enforceability within the jurisdiction's legal framework.

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What is a Limited Liability Waiver?

The Limited Liability Waiver is essential for businesses and organizations operating in Hong Kong who need to manage their risk exposure while providing services or conducting activities that carry inherent risks. This document type is commonly used in situations where one party wishes to protect themselves from potential claims arising from voluntary participation in activities or use of services. The waiver must be carefully drafted to comply with Hong Kong's legal framework, particularly the Control of Exemption Clauses Ordinance and related regulations. It typically includes detailed sections on the scope of waived liability, exclusions, and representations, while ensuring that mandatory statutory obligations cannot be waived. The document is particularly relevant in sectors such as recreation, professional services, and education, where risk management is crucial for operational sustainability.

What sections should be included in a Limited Liability Waiver?

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

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

3. Definitions: Defines key terms used throughout the document for clarity and legal certainty

4. Scope of Waiver: Clearly outlines what liability is being waived and the specific activities or circumstances covered

5. Duration: Specifies the time period during which the waiver is effective

6. Exclusions: Explicitly states what is not covered by the waiver, including statutory exceptions that cannot be waived under Hong Kong law

7. Representations and Warranties: Statements of fact or promises made by each party regarding their capacity and authority to enter into the waiver

8. Governing Law and Jurisdiction: Confirms Hong Kong law as governing law and specifies jurisdiction for dispute resolution

9. Entire Agreement: Confirms that the document represents the complete agreement between parties regarding the waiver

10. Execution: Signature blocks and execution requirements

What sections are optional to include in a Limited Liability Waiver?

1. Indemnification: Optional section for cases where one party agrees to indemnify the other for certain claims - used when there's a need for additional protection beyond the waiver

2. Insurance: Required when specific insurance coverage must be maintained by either party - particularly relevant for high-risk activities

3. Severability: Includes provisions for maintaining validity of remaining clauses if some are found unenforceable - recommended for complex waivers

4. Assignment: Controls whether rights under the waiver can be assigned to other parties - needed when transfer of rights might be contemplated

5. Notices: Formal communication procedures - included for longer-term or complex relationships

6. Confidentiality: Added when the waiver involves sensitive information or trade secrets

7. Third Party Rights: Addresses whether third parties have rights under the waiver - particularly relevant under the Contracts (Rights of Third Parties) Ordinance

What schedules should be included in a Limited Liability Waiver?

1. Schedule 1 - Specific Activities: Detailed list of activities covered by the waiver

2. Schedule 2 - Excluded Risks: Comprehensive list of risks and liabilities specifically excluded from the waiver

3. Schedule 3 - Insurance Requirements: Detailed insurance requirements if applicable

4. Appendix A - Risk Assessment: Documentation of risks evaluated in forming the waiver

5. Appendix B - Related Agreements: List of any related agreements or documents referenced in the waiver

6. Appendix C - Authorized Representatives: List of persons authorized to act under the waiver if applicable

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

Sports and Recreation

Entertainment

Adventure Tourism

Professional Services

Healthcare

Education and Training

Construction

Events Management

Fitness and Wellness

Technology Services

Manufacturing

Research and Development

Consulting

Relevant Teams

Legal

Risk Management

Compliance

Operations

Commercial

Business Development

Health and Safety

Corporate Governance

Facilities Management

Project Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Director

Business Development Manager

Contract Administrator

Chief Operating Officer

General Manager

Project Manager

Safety Officer

Company Secretary

Commercial Director

Facilities Manager

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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