What is a waiver of agreement?

<span data-sheets-value="{"1":2,"2":"A waiver is a clause or an agreement that states when a party will voluntarily give up their right to claim against another party with no legal consequences. Waivers can add a measure of flexibility to a contract or protect someone's rights."}" data-sheets-userformat="{"2":15105,"3":{"1":0},"11":4,"12":0,"14":{"1":2,"2":0},"15":"Montserrat","16":8}">A waiver is a clause or an agreement that states when a party will voluntarily give up their right to claim against another party with no legal consequences. Waivers can add a measure of flexibility to a contract or protect someone’s rights.

What are the types of waivers?

<span data-sheets-value="{"1":2,"2":"There are five types of waivers: 1. affirmative (if you didn't enforce your right once, it doesn't mean you give it up forever); 2. general (making a clear and specific statement for every case and every right you wish to waive); 3. written (only valid if in writing and signed by both parties); 4. course of dealing (a waiver of one right doesn't mean you can't enforce same or other rights later with the same party); 5. complete non-waiver (combination of 1,2, and 4)."}" data-sheets-userformat="{"2":15105,"3":{"1":0},"11":4,"12":0,"14":{"1":2,"2":0},"15":"Montserrat","16":8}">There are five types of waivers: 1. affirmative (if you didn’t enforce your right once, it doesn’t mean you give it up forever); 2. general (making a clear and specific statement for every case and every right you wish to waive); 3. written (only valid if in writing and signed by both parties); 4. course of dealing (a waiver of one right doesn’t mean you can’t enforce same or other rights later with the same party); 5. complete non-waiver (combination of 1,2, and 4).

What makes a waiver legally binding?

<span data-sheets-value="{"1":2,"2":"A waiver is legally binding if a party willingly expressed it in writing or otherwise (depending on the specific case). It also needs to be clear enough for both parties (as well as the court, should it come to that) to understand and act upon. "}" data-sheets-userformat="{"2":15105,"3":{"1":0},"11":4,"12":0,"14":{"1":2,"2":0},"15":"Montserrat","16":8}">A waiver is legally binding if a party willingly expressed it in writing or otherwise (depending on the specific case). It also needs to be clear enough for both parties (as well as the court, should it come to that) to understand and act upon.

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Waiver Agreement Template

Created by:

[Sender.FirstName][Sender.LastName][Sender.Company]

Prepared for:

[Client.FirstName][Client.LastName] [Client.Company]

By signing this waiver agreement, [Client.FirstName][Client.LastName] (the Client) agrees to the following terms:

Assumption of risk

The Client agrees that their participation in Event.Name is voluntary. Furthermore, the Client agrees to assume any risk associated with participating in the event, and releases [Sender.Company] from any and all claims of loss or damage that may arise during the Client’s participation. Such releases are without limitation, and include attorneys’ fees, personal injury, property damage, and any other losses or damages suffered by the Client.

Total indemnification

The Client agrees to indemnify and hold [Sender.Company] harmless against any and all claims of loss or damage, including damage to [Sender.Company] property caused by the Client.

Personal well being

The Client hereby warrants that they are physically fit and capable of participating in event without undue risk.

Right to cancel

[Sender.Company] maintains the right to deny the Client’s participation in Event.Name if they deem that participation would risk loss or damage to any party.

Applicable law

This waiver agreement shall be governed by the laws of [Sender.State]. Any legal proceeding, claim, or lawsuit related to the Client’s participation in Event.Name shall take place exclusively in courts located in [Sender.City], [Sender.State].

Acknowledgment

The Client agrees that this waiver agreement shall remain in full force and effect without modification, and that participation in Event.Name is pursuant to the terms of this agreement.

[Sender.Company]

MM / DD / YYYY

Signature

[Client.Company]

MM / DD / YYYY

Signature

[Sender.FirstName][Sender.LastName]

[Client.FirstName][Client.LastName]

Useful resources

Waiver Agreement FAQ

A waiver is a clause or an agreement that states when a party will voluntarily give up their right to claim against another party with no legal consequences. Waivers can add a measure of flexibility to a contract or protect someone’s rights.

There are five types of waivers: 1. affirmative (if you didn’t enforce your right once, it doesn’t mean you give it up forever); 2. general (making a clear and specific statement for every case and every right you wish to waive); 3. written (only valid if in writing and signed by both parties); 4. course of dealing (a waiver of one right doesn’t mean you can’t enforce same or other rights later with the same party); 5. complete non-waiver (combination of 1,2, and 4).

A waiver is legally binding if a party willingly expressed it in writing or otherwise (depending on the specific case). It also needs to be clear enough for both parties (as well as the court, should it come to that) to understand and act upon.