Antioch Unilateral Release — Release with Waiver of California Civil Code Sect. 1542: A Comprehensive Explanation Antioch Unilateral Release is a legal concept that involves an individual or party voluntarily releasing another party from any future claims or liabilities. This release includes a waiver of the protections offered by California Civil Code Section 1542, commonly referred to as "CCP 1542." CCP 1542 is a significant statute in California law that states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which is known by them, would have materially affected their settlement with the debtor or released party." By incorporating a waiver of CCP 1542 into an Antioch Unilateral Release, the releasing party acknowledges that they are fully aware of CCP 1542 and the prospective claims it protects, and nevertheless, they voluntarily release the other party from all known and unknown claims. There are several types of Antioch Unilateral Release with waiver of CCP 1542, including: 1. General Antioch Unilateral Release: This type of release is commonly used in various legal contexts, such as settling disputes, terminating contracts, or ending employer-employee relationships. It provides a broad release from all known and unknown claims, regardless of their nature or extent. 2. Specific Antioch Unilateral Release: Unlike the general release, a specific release focuses on releasing the other party from particular claims or liabilities. It may be used in situations where the releasing party seeks to limit the scope of the release to specific matters or issues. 3. Mutual Antioch Unilateral Release: In some cases, both parties involved mutually release each other from known and unknown claims with the inclusion of a CCP 1542 waiver. This type of release ensures that both parties are equally protected from future legal actions arising from the subject. 4. Conditional Antioch Unilateral Release: In certain situations, the release may be conditioned upon specific criteria being met, such as the completion of certain actions or the occurrence of particular events. This type of release ensures that the releasing party's rights are protected until the specified conditions are fulfilled. It is important to note that Antioch Unilateral Release with waiver of CCP 1542 should be reviewed and negotiated carefully, preferably with the assistance of legal counsel. This ensures that the releasing party fully comprehends the legal implications and consequences of releasing the other party from potential claims, including those protected by CCP 1542. Remember, this content is intended for informational purposes only and should not be considered legal advice. For accurate and personalized advice regarding your specific circumstances, it is recommended to consult with an attorney familiar with California law.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.