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Waiver And Release Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Waiver And Release Agreement

"I need a Waiver and Release Agreement under Hong Kong law for a settlement between our technology company and a former employee who is leaving on March 15, 2025, including waiver of all employment-related claims and confidentiality provisions regarding company trade secrets."

Document background
The Waiver And Release Agreement is a crucial legal instrument used in Hong Kong business and personal contexts to formally document the voluntary relinquishment of legal rights or claims by one party in favor of another. This document is commonly utilized in settling disputes, concluding business relationships, finalizing employment matters, or resolving potential litigation. Governed by Hong Kong law, it requires careful consideration of local legal requirements, including the Control of Exemption Clauses Ordinance and common law principles. The agreement typically includes specific details about the rights being waived, any consideration being provided, and representations about the parties' understanding of what they're agreeing to. It's essential in risk management and dispute resolution strategies, providing clarity and finality to potentially contentious situations.
Suggested Sections

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

2. Background: Provides context for the waiver and release, including relevant history and circumstances

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Waiver: Clearly defines what rights, claims, or actions are being waived

5. Release: Specific provisions releasing the released party from claims and liabilities

6. Consideration: States the consideration (if any) being provided in exchange for the waiver and release

7. Representations and Warranties: Statements by the releasing party about their authority and understanding

8. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes

9. Execution: Formal requirements for signing and dating the agreement

Optional Sections

1. Surviving Rights: Used when certain rights need to be preserved despite the general waiver

2. Confidentiality: Include when the existence or terms of the waiver need to be kept confidential

3. Related Agreements: Required when the waiver is part of a larger transaction or references other agreements

4. Future Cooperation: Include when parties need to cooperate on related matters after the waiver

5. Insurance: Relevant when insurance policies or claims are involved

6. Third Party Rights: Include when the rights of third parties might be affected or need to be addressed

7. Severability: Optional clause ensuring survival of agreement if parts are found invalid

Suggested Schedules

1. Schedule 1 - Specified Claims: Detailed list of specific claims or rights being waived

2. Schedule 2 - Excluded Claims: List of claims or rights specifically excluded from the waiver

3. Schedule 3 - Related Incidents: Description of incidents or circumstances giving rise to the waiver

4. Schedule 4 - Assets or Properties: List of any specific assets or properties involved in the waiver

5. Appendix A - Supporting Documents: Copies of relevant supporting documents referenced in the waiver

Authors

Alex Denne

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

Relevant legal definitions






























Clauses






























Relevant Industries

Financial Services

Insurance

Construction

Manufacturing

Professional Services

Healthcare

Real Estate

Technology

Retail

Sports and Recreation

Entertainment

Education

Transportation

Employment Services

Relevant Teams

Legal

Risk Management

Human Resources

Compliance

Corporate Governance

Operations

Finance

Executive Management

Business Development

Corporate Affairs

Relevant Roles

Legal Counsel

Risk Manager

Human Resources Director

Compliance Officer

Chief Legal Officer

Contract Manager

Business Development Manager

Chief Executive Officer

Chief Financial Officer

Operations Manager

Project Manager

Settlement Officer

Claims Manager

Corporate Secretary

General Counsel

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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