The Hold Harmless Release Letter is a crucial risk management document used in the Philippines when one party needs to be protected from potential legal claims arising from specific activities or circumstances. This document, governed by the Civil Code of the Philippines (Republic Act No. 386), serves to formally release one party from liability while acknowledging that the releasing party understands and accepts the inherent risks involved. It's commonly used in situations involving recreational activities, property use, professional services, or any scenario where risk transfer is necessary. The document must carefully balance the rights of both parties while ensuring compliance with Philippine law, which does not permit releases for gross negligence or willful misconduct. A properly drafted Hold Harmless Release Letter should clearly identify all parties, specify the activities or circumstances covered, state the duration of the release, and include any relevant conditions or limitations.
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1. Letter Date and Address Block: Formal letter heading including date and full contact details of both the releasing and released parties
2. Subject Line: Clear identification that this is a Hold Harmless Release Letter
3. Parties Introduction: Clear identification of the party providing the release (Releasor) and the party being released (Releasee)
4. Purpose Statement: Brief explanation of why the release is being provided
5. Release Statement: Explicit statement of release from liability, clearly defining what claims or potential claims are being released
6. Activity or Circumstance Description: Specific description of the activities, events, or circumstances covered by the release
7. Duration: Time period for which the release is valid
8. Governing Law: Statement that the letter is governed by Philippine law
9. Signature Block: Space for signatures, dates, and witness signatures if required
1. Consideration Statement: To be included when there is specific consideration being provided in exchange for the release
2. Insurance Coverage Reference: To be included when the release relates to or affects insurance coverage
3. Third Party Beneficiaries: To be included when the release extends to other parties beyond the primary releasee
4. Exceptions to Release: To be included when certain types of claims or liabilities are specifically excluded from the release
5. Acknowledgment of Understanding: Additional section for high-risk activities confirming the releasor understands the risks involved
6. Notarization Block: To be included when notarization is required or desired for additional legal certainty
1. Schedule A - Description of Activities: Detailed description of specific activities or events covered by the release, if too lengthy for main letter
2. Schedule B - List of Released Parties: Complete list of all parties covered by the release when multiple parties are involved
3. Schedule C - Specific Risks: Enumeration of specific risks being released when dealing with complex or hazardous activities
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