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Waiver And Release Agreement for Philippines

Waiver And Release Agreement Template for Philippines

A Waiver and Release Agreement under Philippine law is a legally binding document where one party (the releasor) voluntarily relinquishes certain legal rights, claims, or potential causes of action against another party (the releasee). The agreement must comply with the Civil Code of the Philippines and related legislation, ensuring all elements of a valid contract are present. It typically includes detailed provisions about the specific rights being waived, any consideration provided, and acknowledgments of the releasor's understanding of the implications. The document must be carefully drafted to ensure enforceability within the Philippine legal system while protecting both parties' interests.

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What is a Waiver And Release Agreement?

The Waiver and Release Agreement is a crucial legal instrument in Philippine business and personal transactions, used when one party wishes to release another from liability or potential claims. This document type is particularly relevant in situations involving risk activities, settlement of disputes, employment terminations, or participation in events. The agreement must be drafted in accordance with Philippine civil law, particularly the Civil Code of the Philippines and related statutes. It should clearly outline the rights being waived, include proper consideration where required, and ensure the releasor fully understands the implications of the waiver. The document is commonly used across various sectors and can be adapted to different contexts while maintaining its core purpose of risk management and liability release.

What sections should be included in a Waiver And Release Agreement?

1. Parties: Identifies and defines all parties to the agreement, including their full legal names, addresses, and any relevant corporate details

2. Background: Provides context for the waiver, including relevant events, relationships, or circumstances leading to the agreement

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Waiver and Release: Core section detailing the specific rights, claims, or actions being waived and released

5. Acknowledgments: Statements confirming the releasor's understanding of their rights and the implications of the waiver

6. Representations and Warranties: Statements of fact and guarantees made by the parties, particularly the releasing party

7. Consideration: Details of any payment or value given in exchange for the waiver and release

8. Governing Law: Specifies that Philippine law governs the agreement and its interpretation

9. Execution: Signature blocks and execution formalities compliant with Philippine law

What sections are optional to include in a Waiver And Release Agreement?

1. Confidentiality: Required when the parties wish to keep the terms or existence of the waiver confidential

2. Future Claims: Used when specifically addressing the waiver of unknown future claims

3. Severability: Important when parties want to ensure partial invalidity doesn't void the entire agreement

4. Non-Admission of Liability: Used when the released party wants to explicitly state that the waiver is not an admission of wrongdoing

5. Indemnification: Include when one party agrees to protect the other against third-party claims

6. Dispute Resolution: Required when parties want to specify mediation or arbitration procedures

7. Return of Property: Necessary when physical items or documents need to be returned as part of the agreement

8. Non-Disparagement: Include when parties agree not to make negative statements about each other

What schedules should be included in a Waiver And Release Agreement?

1. Schedule A - Description of Incident: Detailed description of the incident or circumstances leading to the waiver

2. Schedule B - Specific Rights Waived: Itemized list of specific rights, claims, or actions being waived

3. Schedule C - Consideration Details: Breakdown of any monetary or non-monetary consideration

4. Appendix 1 - Related Documents: Copies of relevant documents referenced in the waiver

5. Appendix 2 - Proof of Authority: Documentation proving authority to execute (if signing on behalf of entity)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Philippines

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Legal Services

Healthcare

Education

Insurance

Construction

Sports and Recreation

Entertainment

Manufacturing

Real Estate

Tourism and Hospitality

Transportation

Financial Services

Technology

Professional Services

Retail

Relevant Teams

Legal

Human Resources

Risk Management

Compliance

Operations

Corporate Secretariat

Safety and Security

Contract Administration

Project Management

Insurance

Facilities Management

Relevant Roles

Legal Counsel

Risk Manager

Human Resources Director

Compliance Officer

Corporate Secretary

Operations Manager

Event Coordinator

Safety Officer

Contract Administrator

Business Development Manager

Facility Manager

Project Manager

Insurance Claims Manager

Sports Director

General Counsel

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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