The Independent Contractor Liability Waiver is essential for businesses operating in the Philippines that engage independent contractors for various services. This document serves as a critical risk management tool, particularly in situations where contractors perform services that may involve inherent risks or potential liabilities. It is designed to comply with Philippine legal requirements, including the Civil Code of the Philippines and relevant labor regulations, while providing clear documentation of the contractor's acknowledgment and acceptance of risks associated with their services. The waiver typically includes detailed provisions on liability limitations, insurance requirements, and indemnification obligations, making it particularly important for high-risk industries or specialized service provisions. This document helps establish clear boundaries between employee and independent contractor relationships, which is crucial for compliance with Philippine employment laws and regulations.
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1. Parties: Identification of the contracting parties - the company/individual engaging the contractor and the independent contractor
2. Background: Context of the engagement and confirmation of independent contractor status
3. Definitions: Key terms used throughout the waiver, including 'Services', 'Liability', 'Claims', etc.
4. Acknowledgment of Independent Contractor Status: Clear statement confirming the contractor's status as an independent contractor, not an employee
5. Scope of Services: Brief description of the services being provided (referencing detailed scope in Schedule)
6. Assumption of Risk: Contractor's acknowledgment and acceptance of risks associated with providing the services
7. Waiver of Liability: Core waiver provisions detailing what liabilities are being waived
8. Exceptions to Waiver: Specific circumstances or types of liability that cannot be waived under Philippine law
9. Indemnification: Contractor's agreement to indemnify the company for certain claims or losses
10. Insurance Requirements: Contractor's obligations regarding insurance coverage
11. Term and Termination: Duration of the waiver and conditions for termination
12. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
13. Execution: Signature blocks and execution requirements
1. Safety Protocols: Required when services involve physical or high-risk activities
2. Confidentiality: Include when contractor will have access to confidential information
3. Equipment and Tools: Add when contractor uses their own equipment or company equipment
4. Emergency Procedures: Include for high-risk services or specific workplace environments
5. Medical Certification: Required when services involve physical activities or health risks
6. Subcontractor Provisions: Include if contractor may engage subcontractors
7. Intellectual Property: Add when services involve creation of intellectual property
1. Schedule A - Detailed Scope of Services: Comprehensive description of services covered by the waiver
2. Schedule B - Specific Risks and Hazards: Detailed list of identified risks associated with the services
3. Schedule C - Insurance Requirements: Detailed insurance requirements including types and coverage amounts
4. Appendix 1 - Safety Guidelines: Relevant safety procedures and protocols if applicable
5. Appendix 2 - Emergency Contact Information: List of emergency contacts and procedures
Relevant legal definitions
Clauses
Relevant Industries
Construction
Information Technology
Professional Services
Manufacturing
Healthcare
Real Estate
Transportation and Logistics
Entertainment
Education and Training
Consulting
Maintenance and Repair
Event Management
Research and Development
Mining and Resources
Agriculture
Relevant Teams
Legal
Human Resources
Procurement
Risk Management
Operations
Project Management
Compliance
Facilities Management
Health and Safety
Business Development
Contract Administration
Relevant Roles
Legal Counsel
HR Manager
Procurement Manager
Risk Manager
Operations Director
Project Manager
Compliance Officer
Contract Administrator
Facility Manager
Safety Officer
Department Head
Business Development Manager
Construction Manager
IT Director
Consultant
Independent Contractor
Freelancer
Site Supervisor
Service Provider
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