Release Of Liability Agreement for Philippines

Release Of Liability Agreement Template for Philippines

A Release of Liability Agreement under Philippine law is a legally binding document that serves to protect one party from legal claims or lawsuits that may arise from specified activities or circumstances. This agreement, governed by the Civil Code of the Philippines and related statutes, establishes a voluntary waiver of rights by the releasing party (Releasor) in favor of the released party (Releasee). The document must carefully balance the rights of both parties while ensuring compliance with Philippine public policy limitations on liability waivers, particularly concerning gross negligence or willful misconduct.

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What is a Release Of Liability Agreement?

The Release Of Liability Agreement is a crucial risk management tool commonly used in the Philippines to protect businesses, individuals, and organizations from potential legal claims. This document becomes essential in situations involving inherent risks, such as sporting events, recreational activities, professional services, or property use. The agreement must comply with Philippine civil law requirements, particularly the Civil Code provisions regarding contracts and obligations. While it provides important protections for the Releasee, it cannot waive liability for gross negligence or intentional wrongdoing under Philippine law. The document typically includes detailed descriptions of the activities covered, acknowledgment of risks, and specific terms of the release, making it valuable for businesses seeking to manage their legal exposure while maintaining transparent relationships with their clients or participants.

What sections should be included in a Release Of Liability Agreement?

1. Parties: Identifies and defines all parties to the agreement, including the Releasor (party giving up rights) and Releasee (party being released from liability)

2. Background: Explains the context and circumstances leading to the release of liability, including the activity or relationship involved

3. Definitions: Defines key terms used throughout the agreement, including 'Claims', 'Liability', and specific activities or risks covered

4. Release and Waiver: The core provision detailing the specific claims, rights, and causes of action being waived or released

5. Scope of Release: Clearly defines the extent and limitations of the release, including temporal and geographic scope

6. Consideration: States the consideration given in exchange for the release of liability

7. Representations and Warranties: Statements by the Releasor regarding their understanding of the agreement and capacity to enter into it

8. Acknowledgment of Risk: Explicit acknowledgment of the risks involved and voluntary assumption of such risks

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. Severability: Provides that if any provision is found invalid, the remainder of the agreement remains in effect

What sections are optional to include in a Release Of Liability Agreement?

1. Future Claims: Optional section for releasing future claims, used when the release is intended to cover potential future incidents

2. Indemnification: Used when the Releasor agrees to indemnify the Releasee against third-party claims

3. Insurance: Include when specific insurance requirements need to be maintained by either party

4. Dispute Resolution: Optional mechanism for resolving disputes through mediation or arbitration before court litigation

5. Confidentiality: Include when the circumstances or terms of the release should remain confidential

6. Emergency Contact Information: Used for releases involving physical activities or events where emergency contacts might be needed

7. Medical Release: Include when the release involves physical activities or potential medical treatment

What schedules should be included in a Release Of Liability Agreement?

1. Schedule A - Description of Activities: Detailed description of activities or circumstances covered by the release

2. Schedule B - Specific Risks: Comprehensive list of specific risks being acknowledged and waived

3. Schedule C - Safety Procedures: Where applicable, outline of safety procedures or protocols that must be followed

4. Appendix 1 - Participant Information Form: Form collecting relevant information about the Releasor, including any medical conditions or limitations

5. Appendix 2 - Emergency Contact Form: Details of emergency contacts when relevant to the activities covered

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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Work Liability Release Form

A Philippine-compliant legal document that establishes a voluntary waiver of liability between employer and employee for specific work activities while maintaining mandatory worker protections.

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What is a Release Of Liability Agreement?

What sections should be included in a Release Of Liability Agreement?

What sections are optional to include in a Release Of Liability Agreement?

What schedules should be included in a Release Of Liability Agreement?

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Alex Denne

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