The Waiver And Release agreement is a critical legal document used in the Philippines when one party wishes to release another from potential legal claims, liabilities, or obligations. It is commonly employed in situations involving recreational activities, professional services, property use, or settlement of disputes. The document must comply with Philippine Civil Code requirements, particularly Articles 1231 and 1270 regarding the extinguishment of obligations and renunciation of rights. This agreement should clearly outline the rights being waived, include an acknowledgment of understanding, and ensure voluntary execution. It's essential for risk management and liability protection across various sectors, while maintaining enforceability under Philippine law.
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1. Parties: Identifies and defines all parties to the agreement, including the releasing party and the released party
2. Background: Provides context for the waiver and release, including relevant circumstances or relationships between the parties
3. Definitions: Defines key terms used throughout the document for clarity and precision
4. Scope of Release: Details the specific claims, rights, or actions being waived and released
5. Acknowledgment of Understanding: Statement confirming the releasing party understands the rights being waived and the implications
6. Voluntary Execution: Confirmation that the waiver is being executed voluntarily and without duress
7. Representations and Warranties: Statements by the releasing party regarding their authority and capacity to execute the waiver
8. Governing Law: Specifies that Philippine law governs the agreement and its interpretation
9. Entire Agreement: Confirms the document represents the complete agreement between parties
10. Execution: Signature blocks and execution requirements
1. Consideration: Details any payment or value given in exchange for the waiver, if applicable
2. Assumption of Risk: Used when the waiver relates to dangerous activities or specific risks
3. Future Claims: Specifically addresses waiver of unknown future claims, if intended to be included
4. Indemnification: Additional protection where the releasing party agrees to indemnify the released party
5. Severability: Ensures survival of remaining provisions if any provision is found invalid
6. Non-Admission of Liability: Statement that the waiver does not constitute admission of liability
7. Confidentiality: Used when the parties wish to keep the terms of the waiver confidential
8. Insurance: Relevant when insurance coverage or claims are involved in the waiver
1. Schedule A - Released Claims: Detailed list of specific claims, rights, or causes of action being waived
2. Schedule B - Released Parties: Comprehensive list of all parties benefiting from the release, including affiliated entities
3. Schedule C - Specific Risks: Detailed description of risks being assumed or acknowledged, if applicable
4. Appendix 1 - Witness Statement: Required if the waiver needs to be witnessed under specific circumstances
5. Appendix 2 - Supporting Documents: Any relevant documents referenced in the main agreement
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Entertainment
Education
Healthcare
Real Estate
Construction
Manufacturing
Tourism and Hospitality
Fitness and Wellness
Events Management
Professional Services
Transportation
Insurance
Retail
Relevant Teams
Legal
Risk Management
Compliance
Human Resources
Operations
Facilities Management
Event Management
Safety and Security
Contract Administration
Customer Relations
Insurance
Relevant Roles
Legal Counsel
Risk Manager
Compliance Officer
Human Resources Director
Operations Manager
Facility Manager
Event Coordinator
Business Owner
Property Manager
Safety Officer
Contract Administrator
Recreation Director
Athletic Director
Program Coordinator
Insurance Manager
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