The Personal Injury Release Of Liability Form is a critical legal document used in the Philippines when parties wish to settle personal injury claims and formally release one party from future liability. This document is particularly relevant in situations involving workplace accidents, premises liability incidents, or any scenario where personal injury has occurred and parties agree to settle the matter outside of court. Governed by Philippine civil law, particularly the Civil Code of the Philippines, the form must include specific elements to be legally enforceable, such as clear identification of parties, explicit description of the incident and injuries, settlement terms, and appropriate notarization. The document serves both to document the settlement terms and to protect the released party from future claims related to the same incident, making it an essential tool for risk management and dispute resolution in various business contexts.
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1. Parties: Identifies and defines the Releasor (injured party) and Releasee (party being released from liability), including complete legal names and addresses
2. Background: Brief context of the incident that led to the personal injury claim, including date, location, and general nature of the incident
3. Definitions: Defines key terms used in the agreement, including 'Claims', 'Incident', 'Injuries', and 'Released Parties'
4. Description of Incident and Injuries: Detailed description of the incident giving rise to the claim and the injuries sustained
5. Consideration: States the settlement amount or other consideration being provided in exchange for the release
6. Release and Discharge: Core provision where the Releasor releases and forever discharges the Releasee from all claims related to the incident
7. Scope of Release: Specifies what claims are covered by the release, including known and unknown claims
8. No Admission of Liability: Statement that the settlement and release do not constitute an admission of liability by the Releasee
9. Representations and Warranties: Releasor's confirmations regarding their understanding of the agreement and authority to settle
10. Governing Law: Specifies that Philippine law governs the agreement
11. Entire Agreement: Confirms that the document represents the complete agreement between the parties
12. Execution: Signature blocks and notarization requirements
1. Confidentiality: Optional clause requiring parties to keep the terms of the settlement confidential, used when privacy is a concern
2. Non-Disparagement: Prohibits parties from making negative statements about each other, used in sensitive cases or where reputational concerns exist
3. Future Medical Expenses: Addresses potential future medical expenses related to the injury, used when there's uncertainty about future medical needs
4. Insurance Coverage: Addresses any relevant insurance policies and their relationship to the settlement, used when insurance is involved
5. Return of Documents: Requirements for returning any confidential or case-related documents, used in cases involving sensitive information
6. Tax Implications: Addresses responsibility for taxes on settlement amount, used for larger settlements with potential tax consequences
1. Schedule A - Medical Records: List of relevant medical records and reports documenting the injuries
2. Schedule B - Settlement Payment Details: Breakdown of settlement amount and payment terms if applicable
3. Schedule C - Related Expenses: Itemized list of expenses being covered by the settlement
4. Appendix 1 - Incident Report: Official incident report or documentation of the accident if available
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