The Food Liability Waiver is essential for food service establishments operating in the Philippines seeking to manage their liability exposure while maintaining compliance with local laws. This document becomes particularly important in scenarios involving high-risk food items, special dietary requirements, or unique serving conditions. The waiver addresses key areas of food safety and liability as governed by Philippine legislation, including the Food Safety Act of 2013 and Consumer Act. It provides clear acknowledgment of risks, defines responsibilities, and establishes liability limitations within the bounds of Philippine law. The document is structured to protect both the establishment and consumer interests, incorporating necessary provisions for allergen warnings, food handling procedures, and emergency responses. This Food Liability Waiver is designed to be adaptable for various food service contexts while maintaining its legal validity under Philippine jurisdiction.
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1. Parties: Identifies the food service provider/establishment and the customer/consumer signing the waiver
2. Background: Explains the context of the food service being provided and the purpose of the waiver
3. Definitions: Defines key terms used in the waiver including 'Food Items', 'Premises', 'Services', and 'Liability'
4. Acknowledgment of Risks: Details the potential risks associated with consuming food items, including allergies, foodborne illness, and other related risks
5. Waiver and Release: The core waiver language releasing the establishment from liability for specified risks and circumstances
6. Consumer Representations: Customer's confirmation of their understanding of risks and absence of known allergies or medical conditions
7. Scope of Waiver: Clear delineation of what is and isn't covered by the waiver, including limitations under Philippine law
8. Duration: Period for which the waiver remains valid
9. Governing Law: Specifies Philippine law as governing law and relevant jurisdiction
10. Execution: Signature blocks and execution requirements
1. Special Dietary Requirements: Additional section for establishments offering specialized dietary options (e.g., gluten-free, allergen-free)
2. Food Delivery Services: Additional provisions for establishments offering delivery services
3. Group Events: Special provisions for catering or group dining events
4. Photo and Social Media Release: Optional release for establishments wanting to use customer photos or social media content
5. Dispute Resolution: Optional alternative dispute resolution procedures
6. Indemnification: Additional indemnification provisions for high-risk situations
7. Severability: Clause ensuring remainder of waiver remains valid if any portion is found unenforceable
1. Schedule A: Menu Items and Specific Risks: Detailed list of menu items and their associated specific risks or allergens
2. Schedule B: Food Safety Protocols: Documentation of establishment's food safety measures and compliance with regulations
3. Schedule C: Allergen Information: Comprehensive list of common allergens and their potential presence in menu items
4. Appendix 1: Emergency Procedures: Procedures for handling food-related emergencies or adverse reactions
5. Appendix 2: Customer Guidelines: Guidelines for customers regarding food handling, storage, and consumption
6. Appendix 3: Regulatory Compliance: References to relevant Philippine food safety regulations and compliance measures
Relevant legal definitions
Clauses
Relevant Industries
Food & Beverage
Hospitality
Catering
Restaurant Industry
Street Food
Food Delivery Services
Event Management
Food Manufacturing
Food Retail
Tourism
Relevant Teams
Legal
Operations
Risk Management
Compliance
Food Safety
Quality Assurance
Customer Service
Kitchen Operations
Event Management
Health and Safety
Relevant Roles
Restaurant Manager
Food Safety Officer
Legal Counsel
Risk Management Director
Operations Manager
Compliance Officer
Food Service Director
Quality Assurance Manager
Customer Service Manager
Business Owner
Event Coordinator
Kitchen Manager
Food and Beverage Manager
Health and Safety Officer
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