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Waiver Contract

Waiver Contract Template for Philippines

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Key Requirements PROMPT example:

Waiver Contract

"I need a Waiver Contract for my rock climbing facility in Manila, to be used starting January 2025, that covers both adult participants and minors (with parental consent), including protection against injury claims and equipment damage."

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Document background
The Waiver Contract is a crucial legal instrument in Philippine business and personal transactions, used when one party wishes to formally surrender certain rights, claims, or privileges. This document type is particularly relevant in situations involving risk management, liability releases, or the settlement of potential claims. The contract must adhere to Philippine Civil Code requirements and other relevant legislation, ensuring that the waiver is voluntary, informed, and legally enforceable. Typical applications include sports and recreational activities, medical procedures, employment matters, and property transactions. The document specifically outlines the rights being waived, includes necessary legal declarations, and incorporates protective clauses for all parties involved. Given its legal implications, a Waiver Contract often requires careful review and sometimes notarization to ensure validity under Philippine law.
Suggested Sections

1. Parties: Identifies and provides full details of all parties involved in the waiver agreement

2. Background: Explains the context and circumstances leading to the waiver

3. Definitions: Defines key terms used throughout the waiver document

4. Rights Being Waived: Clearly specifies and describes the rights, claims, or interests being waived

5. Consideration: States the consideration (if any) being provided in exchange for the waiver

6. Voluntary Agreement: Explicitly states that the waiver is being made voluntarily and with full understanding

7. Representations and Warranties: Statements confirming the party's capacity and authority to waive the rights

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

9. Execution: Formal signing section with space for signatures, dates, and witnesses

Optional Sections

1. Release of Liability: Include when the waiver involves releasing another party from potential legal claims or liability

2. Indemnification: Include when one party agrees to protect another from future claims related to the waived rights

3. Confidentiality: Include when the waiver involves confidential information or requires confidentiality about its terms

4. Severability: Include when there's a need to ensure that the invalidity of one provision doesn't affect others

5. Duration: Include when the waiver needs to specify a time period or expiration date

6. Revocation Rights: Include when the waiver can be revoked under certain conditions

7. Third Party Rights: Include when the waiver affects or benefits third parties not directly party to the agreement

Suggested Schedules

1. Schedule A - Description of Waived Rights: Detailed description of specific rights, claims, or interests being waived

2. Schedule B - Related Documents: List and copies of relevant documents referenced in the waiver

3. Appendix 1 - Supporting Evidence: Any supporting documentation proving the existence of the rights being waived

4. Appendix 2 - Required Notices: Copies of any required notices or disclosures under Philippine law

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
Clauses
Acknowledgment
Assumption of Risk
Voluntary Participation
Release of Liability
Indemnification
Medical Authorization
Severability
Integration
Governing Law
Jurisdiction
Representation and Warranties
Consideration
Entire Agreement
Amendment
Assignment
Notice
Force Majeure
Confidentiality
Dispute Resolution
Term and Termination
Binding Effect
Waiver of Rights
Legal Capacity
Non-Revocation
Witness Requirements
Acknowledgment of Understanding
Emergency Contact
Photography/Media Release
Personal Property
Insurance
Relevant Industries

Sports and Recreation

Healthcare

Education

Real Estate

Construction

Entertainment

Tourism and Hospitality

Manufacturing

Insurance

Fitness and Wellness

Transportation

Event Management

Professional Services

Relevant Teams

Legal

Risk Management

Compliance

Human Resources

Operations

Facility Management

Event Management

Safety and Security

Contract Administration

Corporate Governance

Property Management

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Human Resources Director

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Contract Administrator

Business Owner

Property Manager

Sports Director

Healthcare Administrator

Insurance Underwriter

Corporate Secretary

Industries
Civil Code of the Philippines (Republic Act No. 386): Primary law governing contracts, obligations, and general provisions on contract formation, validity, and enforcement in the Philippines
Article 1306 of the Civil Code: Specifies that contracts must not be contrary to law, morals, good customs, public order, or public policy - crucial for determining which rights can be validly waived
Article 1231 of the Civil Code: Covers provisions about extinguishment of obligations, including waivers and renunciation of rights
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and limits the extent to which consumer rights can be waived, particularly in contracts of adhesion
Statute of Frauds (Article 1403 of the Civil Code): Requires certain contracts to be in writing to be enforceable, which may apply depending on the subject matter of the waiver
Constitution of the Philippines: Provides fundamental rights that cannot be waived and sets limits on contractual freedom
Article 1377 of the Civil Code: Provides rules for interpretation of contracts, including waivers, stating that interpretation must be against the party who caused the obscurity
Article 1169 of the Civil Code: Covers provisions about demand and default, which may be relevant for enforcement of waiver terms
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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