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A waiver and a release are related legal concepts, often used interchangeably. A waiver occurs when a party intentionally gives up their right to enforce a contract after another party fails to fulfill their obligations. Conversely, a release happens before performance begins, where one party is relieved from their duty to perform under the contract. Thus, while both terms deal with obligations under a contract, a waiver typically follows a failure to perform, whereas a release is granted before any performance occurs.