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General Release And Waiver for Philippines

General Release And Waiver Template for Philippines

A comprehensive legal document governed by Philippine law that facilitates the voluntary relinquishment of rights, claims, or causes of action by one party (the Releasor) in favor of another party (the Releasee). This document, structured in accordance with the Civil Code of the Philippines and relevant statutes, provides a formal mechanism for settling disputes, concluding business relationships, or resolving potential legal claims. It includes specific provisions for consideration, representations, and warranties, and requires proper execution and notarization as per Philippine legal requirements. The document serves as a binding agreement that prevents future legal actions regarding the specified claims or rights being released.

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General Release And Waiver

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What is a General Release And Waiver?

The General Release and Waiver is a crucial legal instrument in Philippine business and civil practice, designed to provide a clear and legally binding mechanism for releasing claims and liabilities between parties. This document is commonly used in various scenarios including employment separations, business dissolution, settlement of disputes, or conclusion of contractual relationships. It must comply with Philippine civil law requirements, particularly the Civil Code of the Philippines and related jurisprudence regarding the validity of waivers and releases. The document typically includes comprehensive details about the rights being waived, consideration provided, and representations by the parties. Given its legal significance and binding nature, it often requires proper notarization and careful review to ensure enforceability under Philippine law.

What sections should be included in a General Release And Waiver?

1. Parties: Identifies and provides complete details of the Releasor and Releasee, including their legal names, addresses, and any relevant corporate details

2. Background: Explains the context and circumstances leading to the release, including any relevant history of the relationship between the parties

3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Released Parties', and other relevant terms

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

5. Consideration: Specifies the consideration being provided in exchange for the release and waiver

6. No Admission of Liability: States that the agreement and consideration do not constitute an admission of liability by any party

7. Representations and Warranties: Contains statements by the Releasor regarding their understanding of the agreement and authority to enter into it

8. Governing Law: Specifies that Philippine law governs the agreement and details jurisdiction for any disputes

9. Execution: Contains signature blocks and notarial requirements in accordance with Philippine law

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

1. Confidentiality: Optional section when parties wish to keep the terms of the release confidential

2. Return of Property: Used when there is company or personal property that needs to be returned as part of the release

3. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

4. Future Cooperation: Used when ongoing cooperation between parties may be needed after the release

5. Severability: Optional clause stating that if any provision is found invalid, the remainder of the agreement remains in effect

6. Tax Implications: Required when the release involves monetary compensation with potential tax consequences

7. Release of Unknown Claims: Optional section specifically addressing the release of unknown or unforeseen claims

What schedules should be included in a General Release And Waiver?

1. Schedule A - Released Claims: Detailed list of specific claims, rights, or causes of action being released

2. Schedule B - Excluded Claims: List of any claims specifically excluded from the release

3. Schedule C - Settlement Payment Details: Details of any monetary consideration, including payment terms and schedule

4. Appendix 1 - Related Parties: List of additional parties covered by the release (such as subsidiaries, affiliates, officers, etc.)

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

Jurisdiction

Philippines

Publisher

Ƶ

Document Type

Release Agreement

Cost

Free to use
Relevant legal definitions

























Clauses

























Relevant Industries

Legal Services

Human Resources

Manufacturing

Financial Services

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Real Estate

Construction

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Entertainment and Media

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Human Resources

Compliance

Risk Management

Executive Leadership

Finance

Operations

Corporate Governance

Administrative Services

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Relevant Roles

Legal Counsel

Corporate Secretary

Human Resources Manager

Compliance Officer

Risk Manager

Chief Executive Officer

Chief Financial Officer

Operations Manager

Business Development Manager

Contract Administrator

Employment Relations Manager

Settlement Officer

Legal Operations Manager

Corporate Governance Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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