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Hold Harmless Agreement

Hold Harmless Agreement Template for Philippines

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Key Requirements PROMPT example:

Hold Harmless Agreement

"I need a Hold Harmless Agreement for my construction company to protect us from liability when subcontractors work on our commercial building renovation project in Manila, starting March 2025."

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Document background
Hold Harmless Agreements are essential risk management tools in Philippine business operations, used to protect parties from potential legal claims and financial losses. These agreements are particularly valuable in situations involving inherent risks, such as construction projects, property use, or service provision. The document must be drafted in accordance with Philippine civil law, particularly the Civil Code of the Philippines and related statutes governing contracts and obligations. A Hold Harmless Agreement typically specifies the scope of protection, the parties' obligations, notification procedures for claims, and the duration of the indemnification. It's crucial for businesses operating in the Philippines to ensure these agreements are properly structured to be enforceable under local law while effectively protecting the intended party's interests.
Suggested Sections

1. Parties: Identification of the Indemnitor (party providing the indemnification) and Indemnitee (party being protected), including their full legal names, addresses, and legal status

2. Background: Context of the agreement, relationship between the parties, and purpose of the hold harmless arrangement

3. Definitions: Key terms used in the agreement, including 'Indemnified Party', 'Claims', 'Losses', and other relevant defined terms

4. Scope of Indemnification: Clear description of what activities, events, or circumstances are covered by the hold harmless provision

5. Indemnification Obligations: Detailed explanation of the indemnitor's obligations, including defense, payment, and reimbursement requirements

6. Duration: Period during which the hold harmless provisions will remain in effect

7. Notice Requirements: Procedures for notifying the indemnitor of claims and time limits for such notifications

8. Governing Law and Jurisdiction: Specification of Philippine law as governing law and designation of courts with jurisdiction

9. Execution: Signature blocks and execution requirements under Philippine law

Optional Sections

1. Insurance Requirements: Used when the indemnitor must maintain specific insurance coverage to support their indemnification obligations

2. Specific Activity Description: Detailed when the indemnification relates to specific activities or events that need elaborate description

3. Exclusions: When certain risks or circumstances need to be explicitly excluded from the indemnification scope

4. Defense Obligations: When specific procedures for legal defense of claims need to be detailed

5. Survival: When certain provisions need to survive the termination of the agreement

6. Settlement Authority: When parameters for settlement of claims need to be established

7. Force Majeure: When exemptions for extraordinary events need to be included

8. Compliance with Laws: When specific regulatory compliance requirements need to be addressed

Suggested Schedules

1. Schedule A - Protected Activities: Detailed list and description of activities covered by the indemnification

2. Schedule B - Excluded Claims: Specific list of claims or circumstances excluded from the indemnification

3. Schedule C - Insurance Requirements: Detailed insurance requirements including types of coverage, limits, and endorsements

4. Appendix 1 - Notice Information: Detailed contact information and procedures for claim notifications

5. Appendix 2 - Claim Processing Procedures: Step-by-step procedures for handling and processing claims

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate

Events and Entertainment

Manufacturing

Sports and Recreation

Healthcare

Education

Retail

Transportation

Logistics

Professional Services

Technology

Energy

Mining

Agriculture

Tourism and Hospitality

Relevant Teams

Legal

Risk Management

Compliance

Operations

Project Management

Business Development

Facilities Management

Safety and Security

Insurance

Corporate Governance

Contract Administration

Property Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Contract Administrator

Project Manager

Operations Director

Business Development Manager

Property Manager

Facility Manager

Event Coordinator

Construction Manager

Safety Officer

Insurance Manager

Corporate Secretary

Chief Legal Officer

Chief Risk Officer

Business Owner

General Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary legislation governing contracts, obligations, and civil relationships in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, which sets out requirements for valid contracts and their enforcement.
New Civil Code Article 1306: Specifies that parties can establish such stipulations, clauses, terms and conditions as they deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
New Civil Code Article 1308: Establishes that contracts must bind both parties and their validity or compliance cannot be left to the will of one of them.
Consumer Act of the Philippines (Republic Act No. 7394): Relevant if the Hold Harmless Agreement involves consumer transactions, as it provides protections against unfair or unconscionable agreements.
New Civil Code Article 1231: Covers obligations that are extinguished by various means, including release and waiver, which are relevant to hold harmless provisions.
Anti-Dummy Law (Commonwealth Act No. 108): May be relevant if the agreement involves regulated industries or activities where foreign participation is restricted.
Statute of Frauds (New Civil Code Article 1403): Requires certain contracts to be in writing to be enforceable, which is relevant for the formal requirements of the hold harmless agreement.
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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