The Third Party Liability Waiver is a crucial legal instrument in Philippine business and recreational activities where risk transfer is necessary. This document is commonly used when activities or services involve potential risks to participants, users, or bystanders. It must comply with the Civil Code of the Philippines, particularly Articles 1173, 2047, and 1306, which govern obligations, waivers, and public policy limitations. The document is essential for businesses, organizations, and individuals seeking to manage their liability exposure while maintaining operations within the bounds of Philippine law. It typically includes comprehensive risk disclosures, clear waiver language, and proper execution requirements to ensure validity under Philippine jurisdiction.
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1. Parties: Identifies and provides complete details of all parties involved: the releasor (party waiving rights), releasee (party being released from liability), and any relevant third parties
2. Background: Explains the context and circumstances leading to the waiver, including the relationship between the parties and the activities or services involved
3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation
4. Scope of Waiver: Clearly outlines what specific rights, claims, and causes of action are being waived
5. Acknowledgment of Risks: Details the risks being assumed by the releasor and confirms their understanding of these risks
6. Voluntary Execution: Confirms that the waiver is being executed voluntarily and without coercion
7. Consideration: States the consideration or benefit received in exchange for the waiver
8. Representations and Warranties: Statements by the releasor regarding their capacity to enter into the waiver and understanding of its implications
9. Governing Law: Specifies that Philippine law governs the waiver and its interpretation
10. Signature Block: Space for signatures, dates, and witness attestations as required under Philippine law
1. Duration: Specifies the time period for which the waiver remains effective - used when the waiver relates to specific events or time-limited activities
2. Insurance: Details any insurance requirements or coverage - included when specific insurance arrangements are part of the risk management strategy
3. Indemnification: Additional provisions where the releasor agrees to indemnify the releasee - used in higher-risk situations
4. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains effective - used in complex or high-stakes situations
5. Emergency Contact: Space for emergency contact information - included when the waiver relates to physical activities or events
6. Medical Disclosure: Section for relevant medical information - used when the waiver involves physical activities or health-related services
1. Schedule A - Description of Activities: Detailed description of specific activities or services covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities or services
3. Schedule C - Safety Procedures: Outline of safety procedures and protocols that will be followed
4. Appendix 1 - Witness Attestation Form: Standard form for witness attestation as may be required under Philippine law
5. Appendix 2 - Emergency Procedures: Detailed emergency procedures and contact protocols if relevant to the activities covered
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Education
Healthcare
Tourism and Hospitality
Construction
Events Management
Adventure Tourism
Fitness and Wellness
Real Estate
Manufacturing
Transportation
Relevant Teams
Legal
Risk Management
Operations
Compliance
Safety and Security
Event Management
Facility Operations
Human Resources
Customer Relations
Project Management
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Safety Officer
Compliance Manager
Events Coordinator
Facility Manager
Program Director
Business Owner
Contract Administrator
Insurance Coordinator
Recreation Supervisor
Project Manager
Human Resources Manager
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