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Waiver Of Liability Agreement

Waiver Of Liability Agreement Template for Philippines

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Key Requirements PROMPT example:

Waiver Of Liability Agreement

"I need a Waiver of Liability Agreement for my new rock climbing facility in Manila, which will open in March 2025, covering both adult participants and minors with parental consent, including specific provisions for equipment usage and emergency medical treatment."

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Document background
The Waiver of Liability Agreement is a crucial risk management tool used in the Philippines when one party wishes to be released from potential liability arising from specific activities or services. This document type is particularly important in sectors involving inherent risks, such as sports, adventure tourism, or medical services. The agreement must be drafted in compliance with Philippine civil law, specifically adhering to the Civil Code provisions regarding contracts and obligations. When properly executed, it serves to document the voluntary assumption of risk by the releasing party while protecting the released party from certain legal claims. However, it's important to note that under Philippine law, not all types of liability can be waived, particularly those involving gross negligence or violations of public policy.
Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and general purpose of the waiver

3. Definitions: Clear definitions of key terms used throughout the agreement

4. Acknowledgment of Risks: Detailed acknowledgment of risks and hazards associated with the activity or situation

5. Waiver and Release: Express waiver language releasing the party from liability, clearly stating what claims are being waived

6. Assumption of Risk: Express statement that the releasing party knowingly assumes all risks

7. Scope of Waiver: Clear delineation of what activities, timeframes, and situations are covered by the waiver

8. Representations and Warranties: Statements confirming the releasing party's capacity, understanding, and voluntary acceptance

9. Governing Law: Specification that Philippine law governs the agreement

10. Severability: Provision stating that if any part is found invalid, the rest remains in effect

11. Entire Agreement: Confirmation that this document represents the complete agreement between parties

12. Execution: Signature blocks and execution requirements

Optional Sections

1. Medical Release: Additional medical liability waiver section, used when physical activities are involved

2. Photo/Video Release: Waiver of rights related to photography/videography, used when media capture is involved

3. Parent/Guardian Consent: Additional section when the releasing party is a minor

4. Insurance Obligations: Section specifying insurance requirements, used in high-risk activities

5. Indemnification: Additional protection requiring the releasing party to indemnify against third-party claims

6. Emergency Contact Information: Section for emergency contact details, used for activities with physical risk

7. Covid-19/Health Declaration: Special health-related warranties and releases, used during health emergencies

Suggested Schedules

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

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

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

4. Schedule D - Medical Information Form: Form for relevant medical information when physical activities are involved

5. Appendix 1 - Facility Rules: Rules and regulations of the facility or venue if applicable

6. Appendix 2 - Emergency Procedures: Emergency protocols and procedures

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

Sports and Recreation

Tourism and Hospitality

Education

Healthcare

Entertainment

Fitness and Wellness

Adventure Tourism

Events Management

Real Estate

Construction

Transportation

Medical Services

Relevant Teams

Legal

Risk Management

Operations

Compliance

Administrative

Safety and Security

Customer Relations

Business Development

Facilities Management

Relevant Roles

Risk Manager

Legal Counsel

Compliance Officer

Operations Manager

Facility Manager

Event Coordinator

Safety Officer

Business Owner

Sports Director

Adventure Guide

Fitness Instructor

Program Coordinator

Administrative Manager

General Manager

Industries
Civil Code of the Philippines (Republic Act No. 386): The fundamental law governing contracts, obligations, and civil relationships in the Philippines. Articles 1306-1308 specifically address the validity of contracts and limitations on waiver of rights.
Consumer Act of the Philippines (Republic Act No. 7394): Protects consumer rights and may limit the extent to which liability can be waived, particularly in consumer transactions. Certain rights cannot be waived as they are considered matters of public policy.
Philippine Supreme Court Decision: Philippine American General Insurance Co., Inc. vs. PKS Shipping Company (G.R. No. L-30641): Key jurisprudence establishing principles for the validity of liability waivers in the Philippines, including requirements for clear and explicit waiver language.
New Civil Code Article 2233: Specifically addresses liquidated damages and penalties in contracts, which may affect how liability limitations are structured in the waiver agreement.
Constitution of the Philippines, Article III (Bill of Rights): Fundamental law establishing basic rights that cannot be waived as a matter of public policy, affecting the scope and limitations of liability waivers.
Corporate Code of the Philippines (Batas Pambansa Blg. 68): Relevant when either party to the waiver is a corporation, establishing corporate capacity to enter into such agreements and related obligations.
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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