Third Party Liability Waiver Template for Philippines

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Key Requirements PROMPT example:

Third Party Liability Waiver

"I need a Third Party Liability Waiver for my adventure tourism company in Manila, Philippines, covering high-risk activities like rock climbing and white-water rafting, with specific clauses for equipment usage and emergency medical procedures."

Document background

The Third Party Liability Waiver is a crucial legal instrument in Philippine business and recreational activities where risk transfer is necessary. This document is commonly used when activities or services involve potential risks to participants, users, or bystanders. It must comply with the Civil Code of the Philippines, particularly Articles 1173, 2047, and 1306, which govern obligations, waivers, and public policy limitations. The document is essential for businesses, organizations, and individuals seeking to manage their liability exposure while maintaining operations within the bounds of Philippine law. It typically includes comprehensive risk disclosures, clear waiver language, and proper execution requirements to ensure validity under Philippine jurisdiction.

Suggested Sections

1. Parties: Identifies and provides complete details of all parties involved: the releasor (party waiving rights), releasee (party being released from liability), and any relevant third parties

2. Background: Explains the context and circumstances leading to the waiver, including the relationship between the parties and the activities or services involved

3. Definitions: Defines key terms used throughout the document to ensure clarity and prevent misinterpretation

4. Scope of Waiver: Clearly outlines what specific rights, claims, and causes of action are being waived

5. Acknowledgment of Risks: Details the risks being assumed by the releasor and confirms their understanding of these risks

6. Voluntary Execution: Confirms that the waiver is being executed voluntarily and without coercion

7. Consideration: States the consideration or benefit received in exchange for the waiver

8. Representations and Warranties: Statements by the releasor regarding their capacity to enter into the waiver and understanding of its implications

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

10. Signature Block: Space for signatures, dates, and witness attestations as required under Philippine law

Optional Sections

1. Duration: Specifies the time period for which the waiver remains effective - used when the waiver relates to specific events or time-limited activities

2. Insurance: Details any insurance requirements or coverage - included when specific insurance arrangements are part of the risk management strategy

3. Indemnification: Additional provisions where the releasor agrees to indemnify the releasee - used in higher-risk situations

4. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains effective - used in complex or high-stakes situations

5. Emergency Contact: Space for emergency contact information - included when the waiver relates to physical activities or events

6. Medical Disclosure: Section for relevant medical information - used when the waiver involves physical activities or health-related services

Suggested Schedules

1. Schedule A - Description of Activities: Detailed description of specific activities or services covered by the waiver

2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with the activities or services

3. Schedule C - Safety Procedures: Outline of safety procedures and protocols that will be followed

4. Appendix 1 - Witness Attestation Form: Standard form for witness attestation as may be required under Philippine law

5. Appendix 2 - Emergency Procedures: Detailed emergency procedures and contact protocols if 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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Sports and Recreation

Entertainment

Education

Healthcare

Tourism and Hospitality

Construction

Events Management

Adventure Tourism

Fitness and Wellness

Real Estate

Manufacturing

Transportation

Relevant Teams

Legal

Risk Management

Operations

Compliance

Safety and Security

Event Management

Facility Operations

Human Resources

Customer Relations

Project Management

Relevant Roles

Risk Manager

Legal Counsel

Operations Director

Safety Officer

Compliance Manager

Events Coordinator

Facility Manager

Program Director

Business Owner

Contract Administrator

Insurance Coordinator

Recreation Supervisor

Project Manager

Human Resources Manager

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Authors

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