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Is a release the same as a waiver?

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.

What does waiver mean in legal terms?

To waive is to forego something. It is an act of voluntarily giving up a right, and can apply to a variety of legal situations including knowingly giving up a legal right such as a speedy trial, a jury trial, giving up some rights in a settlement talk, or not enforcing a term of contract.

What is a release and waiver of claims?

A written contract in which one or more parties agree to give up legal causes of action against the other party in exchange for adequate consideration (that is, something of value to which the party releasing the legal claims is not already entitled).

Who is the releaser?

The releasor is the party who agrees to release a potential claim in exchange for something of value. The releasee is the party being released from the claim or a potential claim. The releasor receives consideration in the way of compensation for releasing the claim.

Why do waivers not hold up in court?

In California, a liability waiver must be clear, unambiguous, and explicit. In other words, waivers cannot be printed in faded ink, in small font, on the back of a paper, or in an otherwise ambiguous form. If the waiver that you sign is not represented clearly, it may not hold up in the event of a lawsuit.

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