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Waiver And Indemnity Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Waiver And Indemnity Agreement

"I need a Waiver and Indemnity Agreement for my adventure sports facility in Hong Kong, covering rock climbing and bouldering activities, where participants will waive their rights to sue for injuries and indemnify the facility against any claims arising from their participation."

Document background
The Waiver And Indemnity Agreement is commonly used in Hong Kong business and commercial contexts where parties need to allocate risks and responsibilities clearly. This document is essential when one party wishes to engage in activities that carry inherent risks while protecting another party from potential claims or liabilities. It finds application in various scenarios, from recreational activities and property use to professional services and business operations. The agreement must be drafted in compliance with Hong Kong law, particularly considering the Control of Exemption Clauses Ordinance and the Unconscionable Contracts Ordinance. Key elements include clear identification of waived rights, scope of indemnification, and explicit risk acknowledgment, all structured to ensure enforceability under Hong Kong's legal framework.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement

2. Background: Context and circumstances leading to the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Waiver Provisions: Explicit description of rights being waived and scope of the waiver

5. Acknowledgment of Risks: Clear acknowledgment of risks and voluntary assumption of such risks

6. Indemnification: Scope and extent of indemnification obligations

7. Representations and Warranties: Statements of fact and promises made by the parties

8. Term and Survival: Duration of the agreement and which provisions survive termination

9. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Insurance Requirements: Required when specific insurance coverage needs to be maintained by either party

2. Third Party Rights: Needed when the agreement affects rights of third parties under the Contracts (Rights of Third Parties) Ordinance

3. Limitation of Liability: Optional caps or limitations on the extent of indemnification

4. Confidentiality: Required when confidential information will be exchanged

5. Force Majeure: Optional clause for circumstances beyond parties' control

6. Dispute Resolution: Alternative dispute resolution procedures if preferred over court litigation

7. Severability: Optional provision for maintaining validity if parts are found unenforceable

Suggested Schedules

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

2. Schedule of Risks: Comprehensive list of specific risks being waived

3. Schedule of Assets: List of specific properties or assets covered by the agreement

4. Schedule of Insurance Requirements: Detailed insurance requirements including types and amounts of coverage

5. Schedule of Excluded Claims: List of claims or circumstances explicitly excluded from the waiver and indemnity

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 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

Sports and Recreation

Events and Entertainment

Real Estate

Construction

Education

Healthcare

Financial Services

Technology

Manufacturing

Professional Services

Tourism and Hospitality

Adventure Sports and Activities

Relevant Teams

Legal

Risk Management

Compliance

Operations

Facilities Management

Events

Contract Administration

Business Development

Property Management

Safety and Security

Human Resources

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Operations Manager

Facility Manager

Event Manager

Contract Administrator

Business Development Manager

Property Manager

General Manager

Chief Legal Officer

Chief Risk Officer

Safety Coordinator

Human Resources Director

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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