A waiver or release is the intentional and voluntary act of relinquishing something, such as a known right to sue a person or business for an injury. The term waiver is sometimes used to refer a document that is signed before any damages actually occur. A release is sometimes used to refer a document that is executed after an injury has occurred.
Courts do not always uphold waivers and releases. Courts vary in their approach to releases depending on the particular facts of each case, the releases effect on other statutes and laws, and the courts views of the benefits of releases as a matter of public policy.
Courts do not permit businesses to waive their responsibility when they have exercised gross negligence or misconduct that is intentional or criminal in nature. Such an agreement would be deemed to be against public policy because it would encourage dangerous and illegal behavior.
The following form is a release of liability by a homeowner in favor of a person making repairs for unintentional minor damages that sometime occur to the home as a result of making necessary repairs to the roof.
