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Release And Waiver Of Claims for Philippines

Release And Waiver Of Claims Template for Philippines

A comprehensive legal document governed by Philippine law that facilitates the voluntary relinquishment of legal claims, rights, or demands by one party (the Releasor) against another party (the Releasee). The document is structured in accordance with the Civil Code of the Philippines and related legislation, ensuring compliance with local legal requirements regarding waivers and releases. It includes detailed provisions for the identification of released claims, consideration provided, and necessary acknowledgments to establish the voluntary and informed nature of the waiver, while incorporating specific protections required under Philippine jurisdiction.

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Release And Waiver Of Claims

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What is a Release And Waiver Of Claims?

The Release And Waiver of Claims is a critical legal instrument used in the Philippines to formally document the settlement of disputes and relinquishment of legal claims. This document is essential in various contexts, including employment separations, accident settlements, contract disputes, and general liability releases. It must comply with Philippine civil law requirements, particularly the Civil Code provisions regarding contracts and waivers. The document typically includes specific details about the claims being released, the consideration provided, and contains mandatory acknowledgments ensuring the waiver is voluntary and informed. It's commonly used in conjunction with settlement agreements and can be crucial in preventing future litigation. The document must be carefully drafted to ensure enforceability under Philippine law, with particular attention to public policy limitations on waivers and releases.

What sections should be included in a Release And Waiver Of Claims?

1. Parties: Identification of the Releasor (party giving up claims) and Releasee (party being released from claims), including complete legal names and addresses

2. Background: Context of the relationship between parties and circumstances leading to the release/waiver

3. Definitions: Key terms used in the document, including 'Claims', 'Released Parties', and other relevant defined terms

4. Consideration: Details of the consideration being provided in exchange for the release/waiver

5. Release and Waiver: Core section detailing the specific claims, rights, and causes of action being released and waived

6. Acknowledgments: Statements confirming the releasor's understanding of the rights being waived and voluntary nature of the waiver

7. No Admission of Liability: Statement that the release does not constitute an admission of liability by any party

8. Governing Law: Specification that Philippine law governs the agreement

9. Execution: Signature blocks and execution requirements

What sections are optional to include in a Release And Waiver Of Claims?

1. Confidentiality: Required when parties wish to keep the terms of the settlement and release confidential

2. Non-Disparagement: Used when parties agree not to make negative statements about each other

3. Future Claims: Specific provisions for waiving unknown future claims, if legally permissible

4. Return of Property: Needed in employment contexts or when physical items need to be returned

5. Tax Implications: Required when the settlement amount has significant tax consequences

6. Severability: Optional clause ensuring survival of remaining provisions if any provision is found invalid

7. Translation Certificate: Required when the releasor's primary language is not English or Filipino

What schedules should be included in a Release And Waiver Of Claims?

1. Schedule A - Released Claims: Detailed list of specific claims being released

2. Schedule B - Settlement Payment Details: Breakdown of any settlement amounts and payment terms

3. Appendix 1 - Related Parties: List of additional parties covered by the release (if applicable)

4. Appendix 2 - Excluded Claims: List of any claims specifically excluded from the release

Authors

Alex Denne

Head of Growth (Open Source Law) @ 抖阴短视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Insurance

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Legal Counsel

HR Manager

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Claims Administrator

Settlement Officer

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