Non Liability Agreement - Philippines

Non Liability Agreement for Philippines

Non Liability Agreement Template for Philippines

This Non-Liability Agreement is a legal document governed by Philippine law, specifically structured under the Civil Code of the Philippines (Republic Act No. 386). It serves as a formal waiver of liability between parties, where one party agrees not to hold the other legally responsible for specified risks, damages, or injuries that may occur during particular activities or services. The agreement incorporates essential provisions required by Philippine law while ensuring compliance with consumer protection regulations and public policy requirements. It includes detailed sections on risk acknowledgment, scope of waiver, and specific circumstances under which the waiver applies, all crafted to be enforceable within the Philippine legal system.

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What is a Non Liability Agreement?

The Non-Liability Agreement is a crucial legal instrument used in the Philippines when one party wishes to limit their liability exposure for specific activities or services. This document is particularly relevant in situations involving inherent risks, such as recreational activities, professional services, or facility usage. The agreement must comply with Philippine civil law requirements, including the Civil Code's provisions on contracts and obligations, while respecting public policy limitations on liability waivers. It typically includes comprehensive details about the activities covered, specific risks being waived, and acknowledgment of understanding by all parties. The document is essential for businesses and organizations operating in the Philippines who need to manage their risk exposure while maintaining legal compliance with local regulations and jurisprudence regarding liability limitations.

What sections should be included in a Non Liability Agreement?

1. Parties: Identification and details of all parties entering into the agreement

2. Background: Context of the agreement, relationship between parties, and circumstances leading to the need for liability waiver

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

4. Scope of Agreement: Detailed description of activities, services, or circumstances covered by the liability waiver

5. Waiver of Liability: Express waiver of liability including specific risks and types of liability being waived

6. Acknowledgment of Risk: Statement confirming the participating party's understanding and acceptance of potential risks

7. Representations and Warranties: Statements of fact and promises made by each party regarding their capacity and understanding

8. Duration and Termination: Period for which the waiver remains effective and conditions for termination

9. Governing Law: Specification of Philippine law as governing law and relevant jurisdictional details

10. Entire Agreement: Clause confirming this document represents the complete agreement between parties

What sections are optional to include in a Non Liability Agreement?

1. Insurance: Details of any insurance requirements or coverage, recommended when activities involve significant risks

2. Indemnification: Additional provisions for indemnifying specific parties, useful in complex business relationships

3. Emergency Contact Information: Required when the agreement covers physical activities or events

4. Severability: Clause ensuring remaining provisions stay valid if some are found unenforceable, recommended for complex agreements

5. Modification Clause: Procedures for modifying the agreement, useful for long-term arrangements

6. Dispute Resolution: Alternative dispute resolution procedures, recommended for business-to-business agreements

7. Language Declaration: Required when parties are not native English speakers or when multiple language versions exist

What schedules should be included in a Non Liability Agreement?

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

2. Schedule B - Specific Risks: Comprehensive list of specific risks being waived

3. Schedule C - Safety Procedures: Optional schedule outlining safety measures and procedures, if applicable

4. Appendix 1 - Incident Reporting Form: Standard form for reporting any incidents that occur

5. Appendix 2 - Emergency Procedures: Documentation of emergency procedures and protocols, if applicable

6. Appendix 3 - Proof of Insurance: Copies of relevant insurance certificates when required

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

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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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What is a Non Liability Agreement?

What sections should be included in a Non Liability Agreement?

What sections are optional to include in a Non Liability Agreement?

What schedules should be included in a Non Liability Agreement?

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