Waiver And Release Of Liability

Waiver And Release Of Liability Template for Philippines

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Key Requirements PROMPT example:

"I need a Waiver and Release of Liability agreement for my adventure tourism company in Manila that offers rock climbing experiences, with specific provisions for minors as we often have participants under 18 years old, and the agreement should be valid from January 2025."

Document background

The Waiver And Release of Liability is a crucial legal document used in the Philippines when individuals or organizations need to protect themselves from potential legal claims arising from voluntary participation in activities that carry inherent risks. This document is essential for businesses and organizations operating in sectors such as sports, adventure tourism, education, and healthcare, where participants need to acknowledge and accept certain risks. The agreement must be carefully drafted to comply with Philippine civil law, particularly regarding limitations on liability waivers for gross negligence and willful misconduct. It typically includes detailed sections on risk acknowledgment, scope of the waiver, and clear statements about preserved rights. The document should be customized based on specific activities and risks involved while maintaining enforceability under Philippine jurisdiction.

Suggested Sections

1. Parties: Identifies and provides full details of the parties involved - the Releasor (person giving up rights) and Releasee (person being released from liability)

2. Background: Explains the context and circumstances leading to the waiver, including the activity or relationship giving rise to potential liability

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

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

5. Waiver and Release: Core section stating the specific rights being waived and liabilities being released, with clear scope and limitations

6. Exceptions to Waiver: Explicitly states what cannot be waived under Philippine law (e.g., gross negligence, willful misconduct) as per Article 1229

7. Representations and Warranties: Statements by the Releasor confirming their capacity, understanding, and voluntary execution of the waiver

8. Duration and Survival: Specifies how long the waiver remains in effect and which provisions survive termination

9. Governing Law: Confirms Philippine law as governing law and specifies jurisdiction for disputes

10. Execution: Formal closing and signature blocks for all parties

Optional Sections

1. Medical Authorization: Optional section for activities with risk of injury, authorizing emergency medical treatment

2. Photo/Video Release: Optional section for releasing rights to use of images/videos, commonly used in events or activities

3. Parent/Guardian Consent: Required when the Releasor is a minor or lacks legal capacity

4. Insurance Provisions: Optional section addressing insurance requirements and coverage

5. Indemnification: Optional section where Releasor agrees to indemnify Releasee against third-party claims

6. Severability: Optional but recommended clause ensuring survival of agreement if any provision is found invalid

7. Assignment: Optional section addressing whether rights under the waiver can be assigned to others

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of activities covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities

3. Schedule C - Safety Procedures: Optional schedule outlining safety procedures and protocols

4. Schedule D - Emergency Contacts: Optional schedule for listing emergency contact information

5. Appendix 1 - Witness Statements: Optional appendix for witness signatures and statements confirming voluntary execution

Authors

Alex Denne

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Adventure Tourism

Education

Healthcare

Fitness and Wellness

Entertainment

Events Management

Hospitality

Outdoor Activities

Extreme Sports

Tourism

Medical Services

Professional Services

Retail

Manufacturing

Construction

Relevant Teams

Legal

Risk Management

Operations

Compliance

Safety and Security

Customer Service

Human Resources

Administration

Events Management

Facilities Management

Business Development

Training and Development

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Event Coordinator

Safety Officer

Facility Manager

Recreation Director

Sports Instructor

Tour Guide

Medical Director

School Administrator

Business Owner

General Manager

Human Resources Manager

Training Coordinator

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