The Hold Harmless Release Form is a crucial risk management document used in the Philippines when one party wishes to be protected from liability for potential risks associated with specific activities or circumstances. This document, governed by Philippine civil law, particularly the Civil Code (Republic Act No. 386), is commonly utilized in various scenarios such as sporting events, property usage, professional services, or recreational activities. The form typically includes detailed provisions for release of liability, risk acknowledgment, and indemnification clauses, while ensuring compliance with Philippine legal requirements. It's essential in situations where activities carry inherent risks and parties need to clearly document their understanding and acceptance of these risks. The document must be carefully drafted to balance protection for the releasee while maintaining enforceability under Philippine law, considering public policy limitations and civil law principles.
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1. Parties: Identification of the Releasor (party providing the release) and Releasee (party being released from liability), including complete names, addresses, and legal capacity
2. Background: Brief context explaining the relationship between the parties and the purpose of the release
3. Definitions: Clear definitions of key terms used in the agreement, including 'Released Claims', 'Liability', and 'Indemnification'
4. Scope of Release: Detailed description of the activities, claims, or circumstances covered by the release
5. Release and Waiver: Express statement of release and waiver of claims, specifically describing what rights are being waived
6. Indemnification: Provisions regarding the Releasor's obligation to indemnify and hold harmless the Releasee
7. Representations and Warranties: Statements confirming the parties' capacity, understanding, and voluntary execution of the agreement
8. Duration: Time period for which the release remains effective
9. Governing Law: Specification that Philippine law governs the agreement and reference to relevant Civil Code provisions
10. Execution: Signature blocks, notarization requirements, and execution date
1. Insurance: Details of any insurance requirements or coverage related to the release, used when specific insurance arrangements are part of the agreement
2. Special Conditions: Any specific conditions or limitations on the release, included when there are particular circumstances or exceptions
3. Consideration: Description of any payment or consideration for the release, included when there is a financial component
4. Severability: Clause ensuring remaining provisions stay valid if parts are found unenforceable, recommended for more complex agreements
5. Amendment Procedure: Process for modifying the agreement, included in cases where future changes might be necessary
6. Dispute Resolution: Procedures for handling disputes, included when parties want to specify mediation or arbitration processes
7. Acknowledgment of Risk: Detailed acknowledgment of known risks, particularly important for releases involving dangerous activities
1. Schedule A - Description of Activities: Detailed list and description of specific activities or circumstances covered by the release
2. Schedule B - Specific Risks: Enumeration of particular risks being acknowledged and released
3. Appendix 1 - Required Documentation: List of any required supporting documents, certificates, or proof of insurance
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Construction
Real Estate
Events and Entertainment
Education
Healthcare
Transportation
Tourism and Hospitality
Manufacturing
Professional Services
Retail
Fitness and Wellness
Non-profit Organizations
Technology
Industrial Services
Relevant Teams
Legal
Risk Management
Operations
Compliance
Human Resources
Facilities Management
Project Management
Safety and Security
Contract Administration
Customer Relations
Relevant Roles
Risk Manager
Legal Counsel
Operations Manager
Facility Manager
Event Coordinator
Safety Officer
Business Owner
Contract Administrator
Compliance Officer
Property Manager
Project Manager
Human Resources Manager
Sports Director
Program Coordinator
Insurance Coordinator
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