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A waiver and a release are related legal concepts often used interchangeably, but they have distinct meanings. A waiver occurs when one party intentionally relinquishes their right to enforce a contract, typically after the other party has failed to fulfill their obligations. In contrast, a release happens when one party is freed from their duty to perform under the contract, usually before they have started any performance. While both terms deal with obligations under a contract, a waiver generally follows a failure to perform, while a release is more proactive, preventing obligations from arising in the first place.