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Release Of Liability Form Template for Hong Kong

A Release of Liability Form under Hong Kong law is a legal document that provides protection against potential claims and lawsuits by establishing a voluntary waiver of rights by one party (the Releasor) in favor of another party (the Releasee). The document, governed by Hong Kong's common law system and relevant ordinances including the Control of Exemption Clauses Ordinance, clearly outlines the scope of the release, the rights being waived, and the circumstances under which the release applies. It serves as a risk management tool while ensuring compliance with Hong Kong's legal requirements regarding the enforceability of liability waivers.

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What is a Release Of Liability Form?

A Release Of Liability Form is a crucial risk management document used in Hong Kong to protect individuals, businesses, and organizations from potential legal claims. This document is particularly relevant when engaging in activities that carry inherent risks or when providing services that could result in potential liability. The form, which must comply with Hong Kong's Control of Exemption Clauses Ordinance and related legislation, typically includes detailed descriptions of the activities covered, specific risks involved, and the extent of the release being granted. It's commonly used in scenarios ranging from sporting events and recreational activities to professional services and property usage. The Release Of Liability Form should be drafted with careful consideration of Hong Kong's legal requirements to ensure enforceability while maintaining fairness to all parties involved.

What sections should be included in a Release Of Liability Form?

1. Parties: Identification of the Releasor (person giving up rights) and Releasee (person being released from liability), including full legal names and addresses

2. Background: Brief context explaining the purpose of the release and the relationship between the parties

3. Definitions: Clear definitions of key terms used in the document, including 'Released Claims', 'Activities', and any specific terms relevant to the release

4. Scope of Release: Detailed description of what claims, rights, and causes of action are being released

5. Consideration: Statement of the consideration being provided in exchange for the release

6. Acknowledgment of Understanding: Confirmation that the Releasor understands the implications of signing the release

7. Governing Law: Specification that Hong Kong law governs the agreement

8. Execution: Signature blocks, date, and witness provisions

What sections are optional to include in a Release Of Liability Form?

1. Assumption of Risk: Used when the release relates to inherently risky activities, explicitly stating that the Releasor understands and accepts the risks

2. Insurance: Include when specifying insurance requirements or acknowledging existing insurance coverage

3. Indemnification: Optional clause where the Releasor agrees to indemnify the Releasee against third-party claims

4. Severability: Include when there's a need to ensure that if one part of the release is found invalid, the rest remains enforceable

5. Future Claims: Used when the release needs to cover potential future claims, subject to Hong Kong law limitations

6. Medical Authorization: Include when the release relates to activities that may require emergency medical treatment

7. Photo/Media Release: Add when the release includes permission to use photographs or media recordings

What schedules should be included in a Release Of Liability Form?

1. Schedule 1 - Description of Activities: Detailed description of the specific activities, events, or circumstances covered by the release

2. Schedule 2 - Specific Risks: Comprehensive list of risks associated with the activities being released

3. Schedule 3 - Safety Procedures: Optional schedule listing safety procedures and protocols related to the activities

4. Appendix A - Emergency Contact Information: Form for emergency contact details of the Releasor

5. Appendix B - Medical Information: Optional form for relevant medical information when the release involves physical activities

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Document Type

Liability Waiver

Cost

Free to use

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