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Waiver

212HK LIABILITY AND INJURY WAIVER
AND RELEASE AGREEMENT

INCLUDING PHOTO/VIDEO CONSENT AND MEDIA RELEASE

IMPORTANT NOTICE:

This is a legal document that affects your legal rights. Please read it carefully before signing. By signing this document, you are waiving certain legal rights, including the right to sue for damages. If you do not understand any part of this document, please seek legal advice before signing.

1. PARTIES

Facility Operator: 212HK

Address: 15 and 16th Floors, S22, 22 Heung Yip Road, Wong Chuk Hang, Hong Kong Business Registration No: 77956303
(hereinafter referred to as "212HK", "we", "us", or "our")

(hereinafter referred to as "I", "me", "my", or "Participant")

2. BACKGROUND AND SCOPE

I acknowledge that I am voluntarily participating in activities at 212HK, which may include but are not limited to:

  • Physical fitness activities and exercise programs
  • Use of fitness equipment and facilities
  • Group classes and training sessions
  • Recreational activities and events
  • Use of changing rooms, shower facilities, and common areas
  • Any other activities conducted at or in connection with 212HK premises (collectively referred to as "Activities")

3. DEFINITIONS

For the purposes of this Agreement:
 

"Activities" means all activities, services, programs, and facilities provided by or available at 212HK
"Claims" means all actions, suits, causes of action, proceedings, costs, expenses, damages, and demands of any kind whatsoever
"Facilities" means the premises, equipment, and all areas operated by 212HK
"Injury" includes physical injury, illness, disease, death, emotional distress, and property damage
"Negligence" includes failure to use reasonable care in providing safe premises, equipment, or supervision
"Personal Data" has the meaning given in the Personal Data (Privacy) Ordinance (Cap. 486)

4. ACKNOWLEDGMENT OF RISKS

I understand and acknowledge that participation in Activities involves inherent risks and dangers that may result in serious injury, illness, or death, including but not limited to:
  Physical Risks:
  • Sprains, strains, cuts, bruises, and other musculoskeletal injuries
  • Cardiovascular events, including heart attack, stroke, or abnormal blood pressure
  • Respiratory difficulties, including shortness of breath or breathing problems
  • Dizziness, fainting, or loss of consciousness
  • Accidents involving equipment, facilities, or other participants
  • Slips, trips, and falls
  • Overexertion and heat-related illnesses
  • Allergic reactions to equipment, materials, or environmental factors

Other Risks:
  • Theft or damage to personal property
  • Exposure to infectious diseases or viruses
  • Psychological or emotional distress
  • Risks associated with the condition of the facilities
  • Risks from the actions or inactions of other participants or third parties

COVID-19 and Infectious Disease Risks:

I specifically acknowledge that participation in Activities may expose me to COVID-19 and other infectious diseases. I understand that such exposure may result in personal injury, illness, permanent disability, or death.

5. ASSUMPTION OF RISK

I voluntarily assume all risks associated with my participation in Activities, whether known or unknown, foreseeable or unforeseeable, including those risks described above and any others that may arise. I understand that:
  • Not all hazards and dangers can be foreseen or eliminated
  • My safety depends on my own actions and judgment
  • I am responsible for my own physical and mental fitness to participate
  • I must follow all safety rules and instructions provided by 212HK

6. WAIVER AND RELEASE OF LIABILITY

Subject to the limitations imposed by Hong Kong law, including the Control of Exemption Clauses Ordinance (Cap. 71):
I hereby release, waive, discharge, and agree not to sue 212HK, its owners, directors, officers, employees, agents, contractors, volunteers, and representatives (collectively "Released Parties") from any and all Claims arising from or related to my participation in Activities, EXCEPT for Claims arising from:
  • Intentional wrongdoing or criminal acts
  • Gross negligence that results in death or personal injury
  • Breach of any statutory duty that cannot be excluded by law

This release applies to Claims based on:
  • Ordinary negligence of the Released Parties
  • Defective or dangerous conditions of premises or equipment
  • Failure to warn of dangerous conditions
  • Failure to provide adequate instruction or supervision
  • All other Claims not specifically excluded above

7. INDEMNIFICATION

I agree to indemnify and hold harmless the Released Parties against any Claims brought by third parties arising from my participation in Activities, except to the extent such Claims arise from the gross negligence or intentional wrongdoing of the Released Parties.

8. MEDICAL REPRESENTATIONS AND FITNESS

I represent and warrant that:
  • I am in good physical and mental health
  • I have no medical conditions that would prevent safe participation in Activities
  • I have consulted with a healthcare provider if I have any medical concerns
  • I will immediately notify 212HK of any changes to my health status
  • I will not participate in Activities if I am feeling unwell or have symptoms of illness

9. EMERGENCY MEDICAL AUTHORIZATION

I authorize 212HK to:
  • Seek emergency medical treatment on my behalf if I am unable to do so
  • Share necessary medical information with medical professionals
  • Transport me to appropriate medical facilities

I understand that:
  • I am responsible for all medical expenses incurred
  • 212HK assumes no responsibility for medical treatment decisions
  • This authorization does not create a duty for 212HK to provide medical care

10. PHOTO/VIDEO CONSENT AND MEDIA RELEASE

Personal Data Collection Notice
In accordance with the Personal Data (Privacy) Ordinance (Cap. 486), I acknowledge that:
  • 212HK may collect my personal data (including images and recordings) for promotional, marketing, and operational purposes
  • My personal data will be handled in accordance with 212HK's Privacy Policy
  • I have the right to access and correct my personal data
Personal Data Collection Notice
I hereby grant 212HK and its authorized representatives the irrevocable right and permission to:
Record and Use:
  • Photograph, film, or otherwise record my image, likeness, voice, and performance
  • Use such recordings in any media format, including but not limited to:
    • Website and social media platforms
    • Marketing and promotional materials
    • Training and educational content
    • Internal documentation and analysis

Rights Granted:
  • Use, reproduce, edit, distribute, and display the recordings
  • Use my name and/or biographical information in connection with the recordings
  • Use the recordings for any lawful purpose related to 212HK's business

Waiver of Rights:
I waive any right to:
  • Inspect or approve the finished recordings
  • Receive compensation for the use of the recordings
  • Claim ownership of the recordings or any intellectual property rights therein

Limitations: This consent does not extend to use of recordings for purposes unrelated to 212HK's business or in a manner that would be defamatory or violate my privacy rights under Hong Kong law.

11. RULES AND REGULATIONS

I agree to:
  • Follow all posted rules and regulations of 212HK
  • Use equipment properly and safely
  • Respect other participants and staff
  • Report any unsafe conditions immediately
  • Comply with all reasonable instructions from 212HK staff

I understand that failure to comply may result in termination of my access to 212HK facilities.

12. INSURANCE AND LIABILITY LIMITATIONS

I understand that:
  • 212HK does not provide insurance coverage for participants
  • I am encouraged to maintain my own health and accident insurance
  • Any insurance I carry is primary coverage for any Claims

13. SEVERABILITY

If any provision of this Agreement is found to be unenforceable or invalid, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be replaced with a provision that comes closest to the original intent while being enforceable.

14. GOVERNING LAW AND JURISDICTION

This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

15. ACKNOWLEDGMENT AND VOLUNTARY AGREEMENT

I acknowledge that:
  • I have read and understood this entire Agreement
  • I have had the opportunity to ask questions and seek legal advice
  • I am signing this Agreement voluntarily and without duress
  • I understand that I am giving up substantial legal rights
  • This Agreement is binding on my heirs, executors, administrators, and assigns

Duration: This Agreement remains in effect for all future visits to 212HK unless revoked in writing.

PARTICIPANT SIGNATURES

PARENT/GUARDIAN CONSENT (Required for participants under 18 years)

I am the parent/legal guardian of the above-named minor. I have read and understood this Agreement and agree to its terms on behalf of the minor. I understand that I am giving up the minor's rights as well as my own, including any rights I may have as a parent or guardian.
Parent/Guardian