The Release And Waiver of Liability Form is a crucial legal document used in the Philippines when one party wishes to protect themselves from potential legal claims arising from voluntary participation in activities that carry inherent risks. This document is essential for businesses, organizations, and individuals operating in sectors where participants engage in potentially risky activities. The form must be drafted in accordance with Philippine civil law, particularly the Civil Code provisions regarding contracts and waivers. It should clearly outline the rights being waived, acknowledge specific risks, and include mandatory exceptions for gross negligence and willful misconduct as required by Philippine jurisprudence. The document serves both as a risk management tool and as evidence of informed consent, making it vital for activities ranging from sports and recreation to construction and healthcare services.
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1. Parties: Identifies and provides complete details of the Releasor (person giving up rights) and Releasee (person being released from liability), including full legal names, addresses, and capacities
2. Background: Describes the context and circumstances leading to the waiver, including the activity or relationship giving rise to potential liability
3. Definitions: Defines key terms used in the document, particularly 'Claims', 'Liability', and any activity-specific terminology
4. Acknowledgment of Risks: Details the risks associated with the activity that the Releasor acknowledges and understands
5. Waiver and Release: The core provision where the Releasor explicitly waives rights and releases the Releasee from liability, with specific scope and limitations
6. Exceptions to Release: Specifies what is not covered by the release (e.g., gross negligence, willful misconduct) as required by Philippine law
7. Representations and Warranties: Statements by the Releasor confirming their capacity, understanding, and voluntary execution of the waiver
8. Governing Law: Specifies that Philippine law governs the agreement and its interpretation
9. Execution: Signature block with date and witness provisions
1. Medical Authorization: Optional section authorizing emergency medical treatment, typically included for sports or high-risk activities
2. Photography/Media Release: Optional provision for releasing rights to use photographs or recordings, commonly used for events or activities
3. Indemnification: Optional provision where the Releasor agrees to indemnify the Releasee against third-party claims
4. Parental Consent: Required only when the Releasor is a minor, including parental acknowledgment and consent
5. Severability: Optional clause stating that if any provision is found invalid, the remainder of the agreement remains in effect
6. Term and Survival: Optional section specifying how long the waiver remains in effect and which provisions survive termination
1. Schedule A - Description of Activities: Detailed description of the activities or services covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities
3. Appendix 1 - Emergency Contact Information: Form for emergency contact details and relevant medical information
4. Appendix 2 - Safety Guidelines: Safety rules and procedures related to the activities covered by the waiver
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Education
Healthcare
Fitness and Wellness
Tourism and Hospitality
Adventure Sports
Event Management
Construction
Manufacturing
Transportation
Real Estate
Relevant Teams
Legal
Risk Management
Compliance
Operations
Human Resources
Safety and Security
Customer Relations
Administrative Services
Insurance
Corporate Governance
Relevant Roles
Risk Manager
Legal Counsel
Compliance Officer
Operations Manager
Event Coordinator
Safety Officer
Facility Manager
Human Resources Manager
Recreation Director
Sports Program Coordinator
Tourism Officer
Construction Site Manager
Insurance Coordinator
Corporate Secretary
Administrative Manager
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