The Risk Waiver document is essential for businesses and organizations operating in the Philippines that offer activities or services involving inherent risks. It serves as a crucial risk management tool, protecting service providers while ensuring participants are fully informed of potential risks. The document should be used before engaging in activities such as sports, adventure tourism, fitness programs, or any situation where participants need to acknowledge and accept inherent risks. Under Philippine law, while certain liabilities cannot be completely waived, this document helps establish clear boundaries of responsibility and demonstrates informed consent. The waiver must comply with the Civil Code of the Philippines, particularly Articles 1173 and 2047, regarding standards of diligence and the validity of releasing future claims.
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1. Parties: Identification of the party providing the service/activity (Releasee) and the person assuming the risk (Releaser), including full legal names and addresses
2. Background: Context of the activity or service being provided and general purpose of the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including 'Activities', 'Risks', 'Claims', and other relevant terms
4. Acknowledgment of Risks: Detailed description of all potential risks associated with the activity that the releaser is acknowledging
5. Assumption of Risk: Express statement that the releaser voluntarily assumes all risks associated with the activity
6. Waiver and Release: Clear statement of rights being waived and release of liability, including specific types of claims being released
7. Indemnification: Releaser's agreement to indemnify the releasee against any claims arising from the activity
8. Medical Authorization: Authorization for emergency medical treatment if needed during the activity
9. Governing Law: Specification that Philippine law governs the agreement and jurisdiction for any disputes
10. Severability: Provision stating that if any part of the waiver is found to be unenforceable, the remainder remains valid
11. Acknowledgment of Understanding: Statement confirming that the releaser has read, understood, and voluntarily agrees to the terms
1. Photo/Video Release: Optional section for activities where photographs or videos may be taken, granting permission for their use
2. Equipment Usage: For activities involving equipment, detailed terms about proper use and responsibility for damage
3. Group Activities: Additional terms for activities involving multiple participants or group interactions
4. Insurance Requirements: Specification of any insurance requirements or recommendations for the activity
5. Covid-19/Health Protocols: Special health and safety protocols, particularly relevant during public health concerns
6. Minor Participation: Additional terms when the participant is a minor, requiring parent/guardian consent
1. Schedule A - Description of Activities: Detailed list and description of all activities covered by the waiver
2. Schedule B - Specific Risks: Comprehensive list of specific risks associated with each activity
3. Schedule C - Safety Procedures: Outline of safety procedures and protocols that must be followed
4. Schedule D - Emergency Contacts: Form for emergency contact information and relevant medical information
5. Appendix 1 - Facility Rules: If applicable, specific rules and regulations for facility usage
Authors
Relevant legal definitions
Clauses
Relevant Industries
Sports and Recreation
Adventure Tourism
Fitness and Wellness
Entertainment
Education and Training
Events Management
Medical Services
Construction
Manufacturing
Research and Development
Transportation
Hospitality
Relevant Teams
Legal
Risk Management
Operations
Health and Safety
Customer Service
Compliance
Training and Development
Event Management
Facility Operations
Program Management
Relevant Roles
Risk Manager
Legal Counsel
Operations Director
Safety Officer
Facility Manager
Event Coordinator
Training Manager
Recreation Supervisor
Adventure Sports Instructor
Compliance Officer
Customer Service Manager
Program Director
Business Owner
General Manager
Health and Safety Coordinator
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