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Liability Agreement
"I need a Liability Agreement for my adventure tourism company in Manila, covering activities including rock climbing and white-water rafting, with specific focus on waiver of liability for inherent risks while ensuring compliance with Philippine tourism safety regulations."
1. Parties: Identifies and provides complete details of all parties to the agreement, including their legal capacity to enter into contracts
2. Background: Explains the context and circumstances leading to the agreement, including the relationship between the parties
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Scope of Agreement: Clearly outlines the activities, services, or circumstances covered by the liability agreement
5. Assumption of Risk: Details the risks that are being assumed by each party and acknowledgment of understanding these risks
6. Liability Provisions: Specifies the extent and limitations of liability, including any caps on damages and excluded types of liability
7. Indemnification: Sets out the circumstances under which one party will indemnify the other and the scope of such indemnification
8. Insurance Requirements: Specifies required insurance coverage and minimum amounts to be maintained by the parties
9. Term and Termination: States the duration of the agreement and circumstances under which it can be terminated
10. Governing Law and Jurisdiction: Specifies that Philippine law governs the agreement and designates the courts having jurisdiction
11. Notices: Specifies how and where formal notices under the agreement must be delivered
12. Entire Agreement: Confirms that the document represents the complete agreement between the parties
1. Force Majeure: Include when parties wish to address liability in cases of unforeseen circumstances or events beyond their control
2. Severability: Include to ensure that if any provision is found invalid, the rest of the agreement remains enforceable
3. Warranty Disclaimers: Include when specific warranties need to be explicitly disclaimed
4. Confidentiality: Include when the liability agreement involves exchange of sensitive information
5. Assignment: Include when there's a need to restrict or permit the transfer of rights and obligations under the agreement
6. Third Party Rights: Include when the agreement may affect the rights of parties not directly involved in the agreement
7. Dispute Resolution: Include when parties wish to specify alternative dispute resolution methods before litigation
1. Schedule A - Specific Activities or Services: Detailed description of activities or services covered by the liability agreement
2. Schedule B - Insurance Requirements: Detailed specifications of required insurance policies, coverage amounts, and terms
3. Schedule C - Excluded Liabilities: Comprehensive list of specifically excluded liabilities or circumstances
4. Appendix 1 - Risk Assessment: Detailed assessment of risks associated with the activities covered by the agreement
5. Appendix 2 - Safety Procedures: Required safety procedures or protocols related to the activities covered
6. Appendix 3 - Incident Reporting Procedures: Procedures for reporting and handling incidents that may give rise to liability
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