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The Waiver of Liability and Hold Harmless Agreement is essential in various contexts under Philippine jurisdiction where activities or services involve inherent risks. This document is commonly used in recreational activities, professional services, educational programs, and business operations where participants or service recipients need to acknowledge and accept certain risks. The agreement must be drafted in compliance with the Civil Code of the Philippines, ensuring it balances the protection of the Releasee while maintaining fairness to the Releasor. It typically includes comprehensive risk disclosures, explicit waiver language, indemnification provisions, and clearly defined scope. While the agreement provides significant protection, it cannot waive liability for gross negligence or willful misconduct under Philippine law. The document serves as a crucial risk management tool while establishing clear expectations and legal obligations between parties.

1. Parties: Identifies and defines the parties to the agreement, including the Releasor (party giving the waiver) and Releasee (party being released from liability)

2. Background: Describes the context and circumstances leading to the agreement, 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 detailing the specific rights, claims, and causes of action being waived by the Releasor

6. Hold Harmless and Indemnification: Specifies the Releasor's agreement to indemnify and hold the Releasee harmless from claims, damages, and expenses

7. Scope of Agreement: Defines the temporal and geographical scope of the waiver and hold harmless provisions

8. Representations and Warranties: States the Releasor's representations regarding their capacity, understanding, and voluntary execution of the agreement

9. Governing Law: Specifies that Philippine law governs the agreement and its interpretation

10. Severability: Provides that if any provision is found invalid, the remainder of the agreement remains in effect

11. Entire Agreement: Confirms that the document represents the complete agreement between the parties

12. Execution: Formal closing section for signatures, witnessing, and notarization requirements