Release Waiver And Indemnity Agreement - Philippines

Release Waiver And Indemnity Agreement Template for Philippines

A Release Waiver and Indemnity Agreement under Philippine law is a legally binding document that combines elements of risk acceptance, liability release, and indemnification obligations. It serves to protect organizations or individuals from potential legal claims by having participants acknowledge risks and waive their right to sue, while also agreeing to indemnify the protected party against potential third-party claims. The document must comply with Philippine civil law requirements, particularly the Civil Code provisions regarding contracts, obligations, and waivers, ensuring all elements are enforceable under local jurisdiction.

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What is a Release Waiver And Indemnity Agreement?

The Release Waiver And Indemnity Agreement is a crucial risk management tool used in various contexts under Philippine jurisdiction. It is particularly relevant when organizations or individuals engage in activities that carry inherent risks or potential liabilities. The document serves three main purposes: releasing the protected party from potential claims, acknowledging risks by the participating party, and establishing indemnification obligations. Common applications include recreational activities, sporting events, educational programs, and business operations where risk transfer is necessary. The agreement must be drafted in compliance with Philippine civil law, particularly Republic Act No. 386 (Civil Code of the Philippines), ensuring all waivers and indemnities are valid and enforceable. This document is essential for businesses and organizations operating in the Philippines who need to manage their liability exposure while maintaining operational efficiency.

What sections should be included in a Release Waiver And Indemnity Agreement?

1. Parties: Identifies and defines all parties to the agreement, including the Releasor and Releasee

2. Background: Explains the context and circumstances leading to the agreement, including the activity or relationship giving rise to the need for the waiver

3. Definitions: Defines key terms used throughout the agreement for clarity and precision

4. Release and Waiver: Details the specific claims, rights, and causes of action being released and waived by the Releasor

5. Indemnification: Specifies the scope and nature of the indemnification obligations, including what losses and liabilities are covered

6. Acknowledgment of Risk: Contains explicit acknowledgment of understood risks and voluntary assumption of such risks

7. Representations and Warranties: States the parties' representations regarding their capacity, authority, and understanding of the agreement

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

9. Execution: Contains signature blocks and execution requirements

What sections are optional to include in a Release Waiver And Indemnity Agreement?

1. Insurance: Used when specific insurance requirements need to be maintained by either party

2. Consideration: Include when there is specific consideration being provided for the release and indemnity

3. Term and Survival: Required when the agreement needs to specify duration and which provisions survive termination

4. Dispute Resolution: Added when parties want to specify particular dispute resolution mechanisms

5. Severability: Optional clause to ensure partial invalidity doesn't void the entire agreement

6. Emergency Contact Information: Include when the agreement relates to physical activities or events

7. Medical Authorization: Required when the agreement involves activities where medical treatment might be necessary

8. Photo/Media Release: Include when the activity might involve photography or media recording

What schedules should be included in a Release Waiver And Indemnity Agreement?

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

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

3. Schedule C - Insurance Requirements: Detailed insurance requirements and coverage specifications if applicable

4. Schedule D - Property Description: Description of any property or facilities involved in the activities covered by the agreement

5. Appendix 1 - Emergency Procedures: Documentation of emergency procedures and protocols if relevant to the activities

6. Appendix 2 - Medical Information Form: Template for collecting relevant medical information when applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

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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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Download a Standard Release Waiver And Indemnity Agreement

Review your own Release Waiver And Indemnity Agreement

What is a Release Waiver And Indemnity Agreement?

What sections should be included in a Release Waiver And Indemnity Agreement?

What sections are optional to include in a Release Waiver And Indemnity Agreement?

What schedules should be included in a Release Waiver And Indemnity Agreement?

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Alex Denne

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