Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Second Regular Session

6424

HOUSE BILL NO.

Introduced by Honorable FREDERICK W. SIAO

EXPLANATORY NOTE

This bill requires operators of amusement or theme parks and adventure or extreme sports
facilities to institutionalize safety measures and secure comprehensive general liability insurance
coverage for all their clients.

Safety must be the number one priority of the operators of amusement or theme parks and
adventure or extreme sports facilities. With the advent of the information age and the popularity
of virtual games, amusement and sports activities have become hard core games to test the physical
limits and imagination of the players, patrons, clients and other sports enthusiasts. And because
the amusement parks and adventure sports industries are highly dynamic, the operators continue
to reinvent these enterprises.

For instance, a world-renowned theme park in the Philippines, the Enchanted Kingdom, is
continuously innovating the amusement park into an integrated destination with a complete
package for different groups that includes swimming, comfortable lodging, food and beverage,
shopping, exhibits and conventions.

With the continuous technological advancement of amusement or theme parks and
adventure or extreme sports facilities. the /nternational Association of Amusement Parks and
Altractions emphasizes the need to strengthen the safety measures appurtenant to these activities,
‘Therefore, it becomes imperative to institutionalize the safety measures and make the procurement
of comprehensive general liability insurance as one of the mandatory prerequisites for the
operators so that clients may safely enjoy the amenities of amusement or theme parks and
adventure or extreme sports facilities.

In view of the foregoing, approval of this bill is earnestly sought.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SEVENTEENTH CONGRESS
Second Regular Session

HOUSE BILL no.6424

Introduced by Honorable FREDERICK W. SIAO.

AN ACT
REQUIRING OPERATORS OF AMUSEMENT OR THEME PARKS AND ADVENTURE
OR EXTREME SPORTS FACILITIES TO INSTITUTIONALIZE SAFETY MEASURES
AND SECURE COMPREHENSIVE GENERAL LIABILITY INSURANCE COVERAGE
FOR THEIR CLIENTS

Be it enacted by the Senate and House of Representatives of the Philippines in Congress
assembled:

SECTION 1. Short Title. ~ This Act shall be known as the “Leisure and Adventure or
Extreme Sports Safety and Insurance Act.”

SEC. 2. Declaration of Policy. — It is the policy of the State to encourage the citizens to
engage in sports and physical activities as a form of recreation and to foster self-discipline,
teamwork and excellence for the development of a healthy citizenry. With the evolution of sports
and the growing interest of the public towards adventurous activities, it is also the policy of the
State to provide measures to mitigate the inherent danger associated with the bold and daring
activities offered by amusement or theme parks and adventure or extreme sports facilities. It is,
therefore, imperative for the State to:

(a) Require the operator of amusement or theme parks and adventure or extreme sports
facilities to secure a comprehensive general liability insurance for the client;

(b) _Institutionalize standard safety measures for the protection of the client; and

(c) Require the operator to secure and update sport-specific certifications that reflect
the age, skills, trainings and technical abilities of the operator and their staff.


SEC. 3. Comprehensive General Liability Insurance. ~ Any person, partnership,
association or corporation, operating the amusement or theme parks and adventure or extreme
sports facilities shall procure a comprehensive general liability insurance for all their clients, The
comprehensive general liability insurance shall be in full force and effect for the entire period of
the operation of the amusement or theme parks and adventure or extreme sports facilities,

In case the insurance is suspended, cancelled or rendered inactive, the operator shall
reinstate, revive or procure another insurance. In the absence of a comprehensive general liability
insurance, the permit to operate the amusement or theme parks and the adventure or extreme sports
facilities shall be suspended or revoked. In case of revocation, the amusement or theme parks and
the adventure or extreme sports facilities shall be ordered closed by the local government unit
where they are located.

SEC. 4. Insurance Coverage. ~The comprehensive general liability insurance shall cover
the injury, illness, or death suffered by the client of the amusement or theme parks and adventure
or extreme sports fitcilities due to any of the following:

(a) Malicious and negligent act of another person, including the operator, the organizer or
sponsor or any of its staff or employee;

(b) Defective facility or amenity in the amusement or theme parks and adventure or
extreme sports facilities; and

(&) Force majeure, that includes earthquake, typhoon, flood, fire, war, terrorist attack
or other unforeseen event, the happening or consequence of which may not be prevented or
avoided.

SEC. 5. Insurable Activities. — A comprehensive general liability insurance shall be
secured by the operator of the amusement or theme parks for the client for sports activities such as
abseiling, parachute jumping from building, antenna, span or bridge, and earth or cliff (BASE),
bobsledding, bungee jumping, canyoning, caving, hang gliding, heli-skiing, high diving, horseback
riding, hot air ballooning, inline skating, jet skiing, zip lining, kayaking, motorcycle or all-terrain
vehicle (ATV) or motor scooter riding, mountain biking, parachuting, paragliding, piloting a non-

commercial aircraft, rappelling. rock climbing, scuba diving, skydiving. snorkeling,


snowboarding, snowmobiling, snow skiing, spelunking, surfing, trekking, wakeboarding, water
skiing, whitewater rafting, wildlife safaris, and windsurfing and other similar activities.

SEC. 6, Exclusion. -No proceeds from the insurance company shall accrue to the client
in case the injury, illness, disability or death is due to any of the following:

(a) Suicide or attempted suicide;

(b) —_Self-inflicted injury; or

(c) Any act committed during the state of intoxication or insanity.

SEC. 7. Safety Regulations and Standards. - To ensure the safety of the client, the safety
regulations and standards for amusement or theme parks and adventure or extreme sports facilities
shall conform with the internationally accepted standards and regulations. Further, the operator of
the amusement or theme parks and adventure or extreme sports facilities shall:

(a) Secure a permit to operate from the local government unit where the amusement or
theme parks and the adventure or extreme sports facilities are located;

(b) Possess a current sport-specific certification that reflects the age, skills, trainings
and technical abilities of the operator and the staff to assist the client in carrying out the activities
involved in the amusement or theme parks and adventure or extreme sports facilities;

(c) Maintain on standby an emergency medical team or paramedics certified to perform
cardiopulmonary resuscitation and automated external defibrillation (CPR/AED) and first aid
within the duration of an activity in the amusement or theme parks and adventure or extreme sports
facilities;

(d) Impose on its staff the responsibility of being the first responder in the absence of
‘a more qualified health professional in case of emergency;

(e) Document all injuries and circumstances surrounding the accident during the
operation of the amusement or theme parks and adventure or extreme sports facilities in
anticipation of the need for accident reports by the parent, spouse, legal guardian or relative of a
client as a prerequisite to insurance claims or other legal purposes; and

() Be knowledgeable and familiar of the local culture of the place where the event

takes place, including relevant local history and current events.


SEC. 8. Periodic Inspection. — The municipal or city engineer of the local government
unit where the amusement or theme parks and adventure or extreme sport facilities are located
shall conduct periodic inspection of the facilities to ensure the safety of the clients.

Inspection shall also be conducted at times when request for information on the operation
of amusement or theme parks and adventure or extreme sport facilities are needed as basis for the
issuance of a stop operation order of any ride or facility found to be unsafe to operate.

Any alteration, modification or relocation of a ride or facility shall require a new inspection.
Likewise, inspection is mandatory when the ride or facility has given rise to an injury to the client.
The operation of the relocated, altered or modified ride or facility which has resulted to an injury
to the client shall resume only after the inspection and findings that such ride or facility is safe.

If the inspector knowingly allows the operation of unsafe ride or facility, the inspector shall
primarily be liable for any resulting injury without prejudice to the liability of the operator of the
amusement or theme park and adventure or extreme sports facility.

SEC. 9. Permit to Operate. No person, natural or juridical, shall operate amusement or
theme parks and adventure or extreme sports facilities without a permit duly issued by the local
government unit where the amusement or theme parks and adventure or extreme sports facilities
are located. The permit to operate shall be renewed annually, subject to withdrawal or revocation
as may be determined by the municipal or city engineer during the annual inspection and in cases
of violation of the laws, rules, regulations or safety standards on the operation of amusement or
theme parks and adventure or extreme sports facilities.

The permit to operate mobile rides or facilities or those that are temporarily installed during
school fairs, “fiestas,” “tiangges" and the like shall also be issued by local government units
where the mobile rides or facilities are located.

SEC. 10, Penalties. — Any person who violates Sections 3, 7, 8 and 9 of this Act shall,
upon conviction, suffer the following penalties:

(a) For the first violation, a fine of not less than One hundred thousand pesos
(P100,000.00) but not more than Five hundred thousand pesos (P500,000.00); and

(b) For any subsequent violation, a fine of not less than Four hundred thousand pesos

(P400,000.00) but not more than One million pesos (P1,000,000.00),


If the offender is an alien, the person shall be deported immediately after service of
sentence without further proceedings.

In case of juridical entities, the directors, officers and other persons responsible for the
violation of this Act shall be held liable.

SEC. 11. Implementing Rules and Regulations. — Within thirty (30) days from the
effectivity of this Act, the Secretary of Tourism and the Secretary of the Interior and Local
Government shall, in coordination with the representatives of the different amusement or theme
parks and adventure or extreme sports associations in the country, issue the necessary rules and
regulations for the effective implementation of this Act.

SEC. 12. Repealing Clause. — All laws, orders, issuances, rules and regulations, or parts
thereof inconsistent with the provisions of this Act, are hereby repealed, amended and modified
accordingly.

SEC. 13. Separability Clause. — \f any part or provision of this Act is declared
unconstitutional or invalid, the other provisions or parts not affected shall remain in full force and
effect.

SEC. 14. Effectivity. — This Act shall take effect fifteen (15) days after its publication in
the Official Gazente or in a newspaper of general circulation.

Approved,