The Swimming Pool Waiver is essential for any facility operating a swimming pool in Hong Kong, providing crucial liability protection while ensuring compliance with local regulations. This document is typically used before allowing access to swimming facilities and should be signed by all users or their legal guardians. It incorporates specific provisions required under Hong Kong law, including elements from the Public Health and Municipal Services Ordinance and Swimming Pools Regulation. The waiver addresses health declarations, safety protocols, emergency procedures, and liability limitations, while ensuring enforceability under Hong Kong's legal framework. It's particularly important for facilities including hotels, schools, residential complexes, and public swimming pools.
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1. Parties: Identification of the facility operator/owner and the user signing the waiver
2. Background: Brief context about the swimming pool facility and purpose of the waiver
3. Definitions: Key terms used in the waiver including 'Facility', 'Activities', 'Emergency Procedures', etc.
4. Acknowledgment of Risks: User's confirmation of understanding the inherent risks of swimming pool activities
5. Health and Medical Declaration: User's declaration of health condition and ability to participate in swimming activities
6. Waiver of Liability: Core waiver language releasing the facility from liability for specified risks
7. Safety Rules Compliance: User's agreement to comply with all posted rules and staff instructions
8. Emergency Contact Information: User's emergency contact details and medical information
9. Governing Law: Specification of Hong Kong law as governing law
10. Signature and Declaration: Formal signing section with declarations of understanding
1. Parent/Guardian Consent: Required when the user is under 18 years of age
2. Special Equipment Usage: When the facility includes specialized equipment like diving boards or water slides
3. Photography Consent: When the facility has CCTV or takes photos for promotional purposes
4. Medical Treatment Authorization: Additional medical authority section for high-risk users or specific programs
5. Group Activity Provisions: When the waiver covers group or class activities
6. Competition Participation: When the facility hosts competitive events
1. Schedule 1: Pool Rules and Regulations: Detailed list of facility rules and safety regulations
2. Schedule 2: Specific Risk Acknowledgment: Detailed list of specific risks associated with different pool areas and activities
3. Schedule 3: Emergency Procedures: Outline of emergency protocols and procedures
4. Appendix A: Facility Map: Layout of the pool facility marking emergency exits and safety equipment
5. Appendix B: Health Screening Questionnaire: Detailed health screening questions for users to complete
Relevant legal definitions
Clauses
Relevant Industries
Hospitality
Recreation and Sports
Education
Property Management
Tourism
Healthcare and Wellness
Leisure and Entertainment
Municipal Services
Relevant Teams
Legal
Operations
Risk Management
Facility Management
Health and Safety
Customer Service
Recreation
Compliance
Property Management
Front Desk
Relevant Roles
Facility Manager
Risk Management Officer
Legal Counsel
Operations Director
Safety Compliance Officer
Recreation Manager
Property Manager
Aquatics Director
Health and Safety Coordinator
Customer Service Manager
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