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Release Agreement means an agreement, substantially in a form approved by the Company, pursuant to which Executive releases all current or future claims, known or unknown, arising on or before the date of the release against the Company, its subsidiaries and its officers.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.
A waiver is a type of exculpatory contract that lets you voluntarily give up certain rights or claims. When you waive something, you might agree to not enforce specific terms of the contract or to not hold the other party liable if something happens. A waiver can also ask you to modify a right.
A generic form of release agreement for use when parties to a commercial contract are terminating or have terminated the contract (or a portion of it) and have agreed to deliver a mutual release of claims. This Standard Document has integrated notes with important explanations and drafting tips.
A waiver and release agreement is a legal document that releases a party from liability and creates an enforceable promise for one party to not take legal action against another.
Many people mistakenly believe that by signing a waiver, they've given up all of their rights to sue the company that made them sign the waiver. This is not necessarily the case. If you are worried about signing a waiver, you should check with an experienced personal injury attorney beforehand.
The main difference between releases and waivers is the transferring of ownership. When rights are released, they are transferred to another party. When rights are waived, they are gone altogether. If intellectual property rights are waived, the IP can be used by any other party that has access to it.
In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.
You might think that since you signed a waiver acknowledging the risks of the activity, you have no legal leg to stand on to file a personal injury lawsuit. Waivers can make personal injury lawsuits more complex, but you can still seek damages for injuries that could have and should have been prevented.