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The Waiver And Release of Liability is essential for businesses and organizations operating in Hong Kong that engage in activities carrying inherent risks or potential liability exposure. This document serves as a risk management tool, providing legal protection while ensuring compliance with Hong Kong's regulatory framework, particularly the Control of Exemption Clauses Ordinance. It's commonly used in recreational facilities, educational institutions, healthcare settings, and various service-based industries where participants need to acknowledge and accept certain risks. The document typically includes detailed risk disclosures, clear waiver language, and specific provisions about the scope of release, while respecting legal limitations on liability exclusions under Hong Kong law. It's particularly important in situations where participants engage in potentially risky activities or receive services that carry inherent risks.

1. Parties: Identifies all parties involved in the waiver agreement, including the party providing the waiver (releasor) and the party being released from liability (releasee)

2. Background: Explains the context and circumstances leading to the need for the waiver, including the activities or services involved

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

4. Acknowledgment of Risks: Details the risks associated with the activity or service that the releasor acknowledges and understands

5. Waiver and Release: The core section that outlines the specific rights being waived and the extent of the release from liability

6. Scope of Release: Clearly defines what claims, rights, and causes of action are being waived and released

7. Exceptions to Release: Specifies any limitations to the waiver and what cannot legally be waived under Hong Kong law

8. Representations and Warranties: Statements by the releasor confirming their capacity, understanding, and voluntary acceptance of the waiver

9. Governing Law and Jurisdiction: Specifies Hong Kong as the governing law and jurisdiction for any disputes

10. Execution: Signature blocks and execution requirements for all parties