Financial Disclaimer, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
for Students Engaged in International Learning Experiences
Financial Disclaimer, Waiver of Liability, Assumption of Risk, and Indemnity Agreement
for Students Engaged in International Learning Experiences
2016 – Hong Kong SAR
International travel, and staying and studying in a foreign country, always involve a certain level of health, security, and other personal risks. To participate in any international learning activity, you are required to read the following information carefully and decide whether you are willing to accept the risks it describes. If you are, please sign the acknowledgement paragraph in each section of this agreement.
Student Full First and Last NAMEStudent ID (SID) #
NAME OF PROGRAM/ACTIVITYDATES OF ACTIVITY
FINANCIAL DISCLAIMER
Participation in this Activity is completely voluntary, and participants are solely responsible for all associated costs and expenses. You assume responsibility for all financial aspects of participating in this Activity, including registering and paying for any required academic units by the established deadline.
The University of California and Berkeley Social Welfare reserve the right to make cancellations, substitutions, or changes in the case of emergency or changed conditions, including the level of participant interest in this Activity. You accept all responsibility for loss or additional expenses due to delays or other changes in the means of transportation, other services, or sickness, weather, strikes, or other unforeseen causes. You understand that The University of California and Berkeley Social Welfareare not responsible for any such disruptions in the Activity, nor for any consequent expenses you may thereby incur.
You will be responsible for all expenses associated with any legal problems resulting from or caused by your conduct. Your participation in this Activity may be terminated for failure to comply with program rules, or any part of this agreement. In the event your participation is so terminated you consent to being sent homeat your own expense with no refund of fees, including tuition, and agree to hold The University of California and Berkeley Social Welfareharmless from the expense of your return home.
You agree to procureand provide evidence of adequate insurance prior to departure to meet any medical or hospital costs incurred during your participation in this Activity, and assume all risk and responsibility for your medical or medication needs.
If you choose to stay later than the established program dates, you will be responsible for all travel arrangements and any additional expenses.
I affirm that I have read and understand the above FINANCIAL DISCLAIMER. I further acknowledge that I know, understand, and appreciate the financial risks associated with my going to [DESTINATION COUNTRY:] ______, and that I am solely responsible for all financial aspects of and obligations for participating in this Activity.
Participant SignatureDate
WAIVER OF LIABILITY
In consideration of being permitted to participate in any way in______[NAME OF ACTIVITY] during ______, [DATES OF ACTIVITY]hereinafter called "The Activity", I, for myself, my heirs, personal representatives or assigns, do hereby release, waive, discharge, and covenant not to sue The Regents of the University of California, its officers, employees, and agents from liability from any and all claims including the negligence of The Regents of the University of California, its officers, employees and agents, resulting in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in The Activity.
Participant SignatureDate
ASSUMPTION OF RISK
CRIME:Hong Kong has a low crime rate. Even so, you should exercise caution when in congested areas and pay particular attention to personal belongings while in crowded markets and while traveling on public transportation. Violent crime, though rare, does occur.
Don’t buy counterfeit and pirated goods, even if they are widely available. Not only are the bootlegs illegal in the United States, if you purchase them you may also be breaking local law.
VICTIMS OF CRIME:The local equivalent to the U.S. “911” emergency line is 999 in Hong Kong.
If you or someone you know becomes the victim of a crime abroad, you should contact the local police and the nearest U.S. embassy or consulate.The embassy can:
- Replace a stolen passport.
- Help you find appropriate medical care if you are the victim of violent crimes such as assault or rape.
- Put you in contact with the appropriate police authorities, and, if you want us to, contact family members or friends.
- Help you understand the local criminal justice process and direct you to local attorneys, although it is important to remember that local authorities are responsible for investigating and prosecuting the crime.
Hong Kong has a crime victim compensation program available to U.S. citizens who are legal residents or tourists in Hong Kong. For more detailed information on the program and its requirements, please see theHong Kong Social Welfare Department webpage. More resources for victims of crime in Hong Kong are available in the State Department’s Help for U.S. Victims of Crime in Hong Konginformation sheet.
Please see ourinformation for victims of crime, including possible victim compensation programs in the United States.
Local Laws & Special Circumstances
CRIMINAL PENALTIES:While you are traveling in Hong Kong, you are subject to its laws. Foreign laws and legal systems can be vastly different from our own. Persons violating Hong Kong laws, even unknowingly, may be expelled, arrested, or imprisoned.Penalties for possessing, using, or trafficking in illegal drugs in Hong Kong are severe, and convicted offenders can expect long jail sentences and heavy fines. Police have the right to take you in for questioning if you don’t have your passport with you. There are also some things that might be legal in the country you visit, but still illegal in the United States. You can beprosecuted in the United Statesfor engaging in sexual conduct with children or for using or disseminating child pornography in a foreign country regardless of the legality of these activities under that country’s laws. Counterfeit and pirated goods are illegal in the United States and if you purchase them in a foreign country, you may be breaking local law as well.
Arrest notifications in Hong Kong:Hong Kong authorities regularly notify the U.S. consulate if they know that a U.S. citizen has been detained or arrested. However, to ensure that the U.S. government is aware of your circumstances, request that the police and prison officials notify the nearest U.S. embassy or consulate as soon as you are arrested or detained.
SPECIAL CIRCUMSTANCES:Hong Kong SAR customs authorities enforce strict regulations concerning controlled items you might be carrying while transiting Hong Kong (temporary importation or exportation). Most prominent of these items are weapons, not limited to firearms and ammunition. You will be subject to prosecution and possible detention if you are caught carrying any weapon or ammunition in or out of Hong Kong, including transiting via Hong Kong airport. Unless otherwise exempted by laws, possession of an "imitation firearm" is also an offense. "Arms" can mean: any firearm, air rifle/air gun/air pistol from which any shot, bullet or missile can be discharged with a muzzle energy greater than two joules; a taser or any electric stunning device, gun/pistol or other propelling/releasing instrument from or by which a projectile containing any gas or chemical could be discharged; and weapons for the discharge of any noxious liquid/gas/powder, and harpoon or spear gun. Paintball guns are included in this category. Other items defined as weapons include Chinese-style throwing darts, gravity knives, gravity-operated, spring loaded or extendable steel batons, brass knuckles, Chinese-style fighting irons, any knife with a blade that can be exposed by a spring or other mechanical/electric device, and any bladed/pointed weapon. Althoughsuch items are openly sold in mainland China, they cannot legally be brought into Hong Kong.
Please note that mace, pepper spray, stun guns, and other self-protection weapons are banned in Hong Kong.
Electronic cigarettes are regulated as pharmaceutical products, so possessing them without the proper authority could result in a stiff fine and up to two years in prison.
Hong Kong International Airport (HKG) security routinely and completely screens any luggage loaded on to an aircraft in Hong Kong whether belonging to a departing or transiting passenger. Discovery of weapons of any kind during this screening will be referred to the police for investigation, leading to arrest and detention. Other controlled items include counterfeit goods or illegally-produced copies of copyrighted items, ivory, narcotics, medications, television decoders requiring a subscription, animals and plants, meat and poultry, textiles, electronic cigarettes, and sensitive high technology or military products. If you bring such goods into Hong Kong without the necessary Hong Kong documents, you may be prosecuted and the goods may be seized. The penalty for trafficking in dangerous drugs can be life imprisonment and a heavy fine. Among the other items that you must declare to customs officials are liquors, tobacco, cigarettes and cigars, methyl alcohol, and merchandise imported for commercial purposes. There are no currency restrictions for travelers.
Please visit the website of theHong Kong Department of Customs and Excisefor specific information regarding Hong Kong customs requirements.
U.S. Customs and Border Protection encourages the use of an ATA (Admission Temporaire/Temporary Admission) carnet for the temporary admission of professional equipment, commercial samples, and/or goods for exhibitions and fair purposes. For additional information, please visit theU.S. Council for International Business website, and the U.S. Customs and Border Protection web page onTraveling with Samples.
You may bring dogs and cats into Hong Kong only with a special permit that must be issued in advance. Dogs and cats imported from the United States may be exempted from quarantine when they have valid health and vaccination certificates and the pets have been in the United States for at least six months immediately preceding travel.
Additionalinformation on importing pets is available on the Hong Kong Agriculture, Fisheries and Conservation Department website.
Please see our Customs Information sheet.
Scams:Internet dating and romance scams, as well as financial scams, occur in Hong Kong as they do in many other jurisdictions. Please see the Consular Affairs web pages onInternet Dating and Romance Scamsand onInternational Financial Scamsfor ways to spot these scams and ways to protect yourself.
Dual nationality:According to thePRC nationality law, if one or both of a child’s parents are Chinese nationals, the child is considered to be a PRC citizen. This would be the case even if a child also qualifies for U.S. citizenship.
Under the U.S.-PRC Consular Convention, all U.S. citizens entering Hong Kong on their U.S. passports are considered by the Hong Kong SAR authorities to be U.S. citizens for purposes of ensuring consular access and protection for the first 90 days they are in Hong Kong.
If you are a dual U.S.-Hong Kong national who is or previously was a Hong Kong resident, and you wish to ensure U.S. consular access and protection after your initial 90-day period of admission into Hong Kong, you must present your U.S. passport to the Hong Kong Immigration Department and complete an application for declaration of change of nationality. A declaration of change of nationality will ensure U.S. consular protection, but it may also result in loss of your Chinese nationality (although not necessarily your right of abode). If you fail to declare your U.S. nationality, you may jeopardize your U.S. consular protection, but you will not jeopardize your U.S. citizenship. If you are a dual U.S.-Hong Kong resident of Hong Kong and you entered Hong Kong on your Hong Kong identity card but you desire U.S. consular protection, you will have to declare your U.S. nationality with the Hong Kong Immigration Department.Information on how to declare your citizenship to Hong Kong authoritiesmay be found on the Hong Kong Immigration Department’s website.
If you are a dual national contemplating onward travelto mainland China, you should strongly consider which passport you will use to enter and exit China. In practice, the U.S. embassy and consulates in the PRC are not able to provide you with consular protection if you did not use your U.S. passport to enter or exit China.
For further information on consular protection anddual nationality, please refer to our website.Information on Hong Kong permanent residencemay be obtained from the Hong Kong Immigration Department’s right of abode webpage.
Typhoons:During the typhoon season (July through September), theHong Kong Observatoryissues typhoon warnings an average of six times a year and heavy rainstorm alerts more frequently. The Hong Kong Observatory has an excellent notification and monitoring system. You may find general information about natural disaster preparedness at theU.S. Federal Emergency Management Agency (FEMA). Please be advised that if the Hong Kong Government announces a Typhoon Signal 8 or above or Black Rainstorm Warning, the Consulate General will close. You may find additional information on typhoon and storm preparedness on theHurricane PreparednessandNatural Disasterspages of the Bureau of Consular Affairs website.
WOMEN TRAVELER INFORMATION: If you are a woman traveling abroad, please review our travel tips for Women Travelers.
LGBT RIGHTS: There are no legal restrictions on same-sex relations between consenting adults or the organization of LGBT events in Hong Kong. For more detailed information about LGBT rights in Hong Kong you may review the State Department’s annual Country Reports on Human Rights Practices. For further information on Lesbian, Gay, Bisexual and Transgender (LGBT) travel, please read our LGBT Travel Information page.
ACCESSIBILITY:While in Hong Kong, individuals with disabilities may find accessibility and accommodation very different from what they find in the United States. Hong Kong law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, access to health care, or the provision of other state services, and the government generally enforces these provisions. The law mandates access to buildings, information, and communications for persons with disabilities. TheSocial Welfare Departmentis primarily responsible for coordinating and funding public assistance programs to persons with disabilities. The Hong KongTourism Boardpublishes “Accessible Hong Kong” a guide for visitors with disabilities and theTransport DepartmentpublishesA Guide to Public Transport for People with Disabilities. In addition, the Hong Kong government createdCyberable, a barrier free portal website, to provide one-stop information for persons with various disabilities.
Despite efforts to improve accessibility, Hong Kong continues to be challenging for those with physical disabilities. It has many stairs, inclines, and steep, uneven walkways not designed for anyone who uses a walker, cane, crutches, or wheelchair.
To stay connected:
- In the event of an emergency in Hong Kong, contact the consulate at +(852) 2523-9011. From the U.S., contact us at 1-888-407-4747 toll-free within the United States and Canada, or via a regular toll line, 1-202-501-4444, from other countries.
- Enroll in theSmart Traveler Enrollment Programto keep you up to date with important safety and security announcements.
- Follow the Bureau of Consular Affairs onTwitterandFacebook.
- Bookmark theBureau of Consular Affairs website, which contains the currentTravel Warnings and Travel Alertsas well as theWorldwide Caution.
- Follow the U.S. Consulate General to Hong Kong and Macau onTwitterand by visiting itswebsite.
Assistance for U.S. Citizens
U.S. Consulate General Hong Kong & Macau
26 Garden Road, Central,
Hong Kong
- Telephone+(852) 2841-2211, +(852) 2841-2225, +(852) 2841-2323
- Emergency After-HoursTelephone+(852) 2523-9011
- Fax+(852) 2845-4845
- U.S. Consulate General Hong Kong & Macau
I, ______[PRINT NAME], acknowledge that I have read the foregoing. I further acknowledge that I know, understand, and appreciate these and other risks that are inherent in my going to ______[DESTINATION], and recognize that the University of California and its officers, employees, and agents cannot be held responsible for conditions beyond their control. I hereby confirm that my decision to goto ______[DESTINATION] is voluntary and that I knowingly assume all associated risks.
Participant SignatureDate
INDEMNITY AGREEMENT
Indemnification and Hold Harmless: I also agree to INDEMNIFY AND HOLD The Regents of the University of California HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in The Activity and to reimburse them for any such expenses incurred.
Severability: The undersigned further expressly agrees that the foregoing waiver and assumption ofrisks agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Acknowledgment of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely andvoluntarily, and intend by my signature to be a complete and unconditional release of all liabilityto the greatest extent allowed by law.
Participant SignatureDate
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