A Liability Release Statement is a crucial risk management tool used in the Philippines to establish clear boundaries of liability between parties. This document is essential when engaging in activities that carry inherent risks or when providing services where potential liability needs to be addressed. Under Philippine law, while parties can agree to waive certain rights and potential claims, there are important limitations - notably, liability for gross negligence and willful misconduct cannot be waived. The document must comply with the Civil Code of the Philippines and relevant consumer protection laws. It's commonly used in recreational activities, professional services, educational programs, and various business operations where clear risk allocation is necessary. The statement typically includes detailed descriptions of the activities covered, acknowledgment of risks, and specific terms of the release, all drafted in compliance with Philippine legal requirements.
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1. Parties: Identifies and provides complete details of the Releasor (person giving the release) and Releasee (person being released from liability)
2. Background: Explains the context and circumstances leading to the release, including relevant activities or relationships between the parties
3. Definitions: Defines key terms used in the document, particularly the scope of activities and types of liability being addressed
4. Release and Waiver: Core section detailing the specific liabilities, claims, and rights being waived or released, with clear limitations regarding what cannot be waived under Philippine law
5. Acknowledgment of Understanding: Statement confirming that the Releasor understands the rights being waived and the implications of the release
6. Governing Law: Specifies that Philippine law governs the agreement and acknowledgment of jurisdictional requirements
7. Execution: Signature block with date and witness provisions as required under Philippine law
1. Consideration: Required only if the release is given in exchange for something of value; details the consideration provided
2. Term and Survival: Include when the release needs to specify a duration or ongoing obligations
3. Insurance Coverage: Include when there are relevant insurance policies that need to be addressed in relation to the release
4. Indemnification: Include when the Releasor agrees to indemnify the Releasee against third-party claims
5. Severability: Include when the document needs to ensure partial enforceability if certain provisions are invalidated
6. Language Compliance: Include when the release needs to be in multiple languages or acknowledge language requirements under Philippine law
1. Schedule A - Description of Activities: Detailed description of activities or circumstances covered by the release when the scope is complex or requires detailed explanation
2. Schedule B - Specific Risks: Comprehensive list of specific risks being acknowledged and waived when applicable to the situation
3. Appendix 1 - Witness Attestation: Required documentation for witness signatures and attestations when needed under Philippine law
4. Appendix 2 - Parental Consent: Required when the Releasor is a minor or when parental/guardian consent is necessary under Philippine law
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