Legal Templates
Release And Hold Harmless Agreement

Release And Hold Harmless Agreement Template for Philippines

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Key Requirements PROMPT example:

Release And Hold Harmless Agreement

"I need a Release and Hold Harmless Agreement for my outdoor adventure company in Manila, which will be used for participants in our rock climbing activities starting January 2025; it should specifically cover equipment usage and inherent risks of climbing activities."

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What is a Release And Hold Harmless Agreement?

The Release And Hold Harmless Agreement is a crucial legal instrument in Philippine business and civil transactions, designed to manage risk and prevent future litigation. This document is commonly used when parties wish to resolve potential disputes, release claims, or allocate risk in various situations such as property transactions, service agreements, or recreational activities. The agreement must comply with Philippine Civil Code requirements and cannot waive rights that are protected by public policy or mandatory law. It typically includes detailed provisions about the scope of the release, the specific claims being waived, and the indemnification obligations of the parties. The document is particularly relevant in situations where there are inherent risks in activities or transactions, and parties need to clearly document their understanding and acceptance of these risks.

What sections should be included in a Release And Hold Harmless Agreement?

1. Parties: Identifies and defines the Releasor and Releasee, including their complete legal names, addresses, and any relevant corporate details

2. Background: Explains the context and circumstances leading to the need for the release agreement

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Losses', 'Released Matters', etc.

4. Release and Waiver: Core section detailing the specific claims, rights, and causes of action being released

5. Hold Harmless and Indemnification: Specifies the indemnification obligations and hold harmless provisions

6. Scope of Release: Clearly defines what is and isn't covered by the release, including temporal and subject matter limitations

7. Representations and Warranties: States the parties' representations regarding their authority to enter into the agreement and understanding of its terms

8. No Admission of Liability: Clarifies that the agreement does not constitute an admission of liability by any party

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

10. Entire Agreement: Confirms that the document represents the complete agreement between the parties

11. Execution: Signature blocks and execution formalities

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

1. Insurance: Include when specific insurance arrangements are relevant to the release

2. Dispute Resolution: Add when parties wish to specify particular dispute resolution mechanisms

3. Confidentiality: Include when the release involves sensitive information or when parties wish to keep the terms confidential

4. Severability: Add when parties want to ensure that invalidity of one provision doesn't affect others

5. Future Cooperation: Include when ongoing cooperation between parties is necessary after the release

6. Consideration: Add when there is specific consideration being provided in exchange for the release

7. Survival: Include when certain provisions need to survive the general release

What schedules should be included in a Release And Hold Harmless Agreement?

1. Schedule A - Description of Released Claims: Detailed list or description of specific claims, incidents, or matters being released

2. Schedule B - Specific Assets or Property: Details of any specific assets or property involved in the release

3. Schedule C - Excluded Matters: List of specific matters excluded from the scope of the release

4. Appendix 1 - Related Documents: Copies or references to related agreements or documents

5. Appendix 2 - Insurance Certificates: Copies of relevant insurance certificates when insurance provisions are included

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

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alex.den.21@genieai.co
Relevant Industries

Construction

Real Estate

Manufacturing

Sports and Recreation

Healthcare

Education

Entertainment

Transportation

Professional Services

Retail

Technology

Events Management

Insurance

Hospitality

Logistics

Relevant Teams

Legal

Risk Management

Compliance

Operations

Business Development

Human Resources

Safety and Security

Contracts Administration

Corporate Affairs

Facility Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Business Development Manager

Operations Director

Project Manager

Property Manager

Event Coordinator

Human Resources Manager

Safety Officer

Contract Administrator

General Manager

Chief Executive Officer

Chief Legal Officer

Facility Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): The primary law governing contracts, obligations, and civil relationships in the Philippines. Particularly relevant are Book IV on Obligations and Contracts, which sets out the essential requirements for valid contracts, and Title XVII on Extra-contractual Obligations.
Article 1306 of the Civil Code: Specifies that parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy.
Article 1173 of the Civil Code: Defines the standard of diligence required in the performance of obligations, which is relevant for determining what types of liability can be validly waived.
Article 2176 of the Civil Code: Defines quasi-delicts (torts) and establishes the basis for liability from acts or omissions causing damage to another, which is crucial for understanding what can be released through the agreement.
Article 1170 of the Civil Code: Deals with liability arising from negligence, which is essential in determining the scope and limitations of the release provisions.
New Civil Code Article 2234: Governs the award of damages in cases involving gross negligence, which may affect the enforceability of certain release provisions.
Consumer Act of the Philippines (Republic Act No. 7394): If the release agreement involves consumer transactions, this act may limit the extent to which liability can be waived or released.
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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