Norwalk Unilateral Release — Release with Waiver of California Civil Code Sect. 1542: A Comprehensive Explanation The Norwalk Unilateral Release is a legally binding document used in the state of California to release one party (the releaser) from any present or future claims, actions, or liability against another party (the released). This release includes a specific waiver of California Civil Code Sect. 1542, which is an important legal provision that affects the scope of the release. What is California Civil Code Sect. 1542? California Civil Code Sect. 1542 is a statute 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 unless their waiver of section 1542 is expressly in writing." Therefore, if the releaser includes a waiver of California Civil Code Sect. 1542 in the Norwalk Unilateral Release, they acknowledge that despite not knowing about certain claims or injuries, they are waiving their right to pursue any such claims against the released. Types of Norwalk Unilateral Release — Release with Waiver of California Civil Code Sect. 1542: 1. Simple Norwalk Unilateral Release with Waiver of California Civil Code Sect. 1542: This type of release is the basic version used to release the released from any known or unknown present or future claims. It includes a specific provision that waives the releaser's rights under California Civil Code Sect. 1542, ensuring that they cannot later claim ignorance of potential claims. 2. Limited Norwalk Unilateral Release with Waiver of California Civil Code Sect. 1542: Sometimes, the releaser may wish to limit the scope of the release. In this case, a limited release is used, specifying the claims, actions, or liability that are being released while still including the waiver of California Civil Code Sect. 1542 for those specified claims. 3. Mutual Norwalk Unilateral Release with Waiver of California Civil Code Sect. 1542: While the Norwalk Unilateral Release is generally one-sided, it is possible for both parties to release each other from any known or unknown claims with mutual consent. This type of release is often used in situations where both parties have potential claims against each other, and they wish to waive those claims and preserve the relationship. Importance and Considerations: The Norwalk Unilateral Release with Waiver of California Civil Code Sect. 1542 provides certainty and finality to both parties involved. By utilizing this waiver, the releaser cannot later claim ignorance or unknown injuries as a basis for pursuing legal action against the released. However, it is crucial for both parties to carefully review and negotiate the terms of the release. The releaser should have a clear understanding of the claims being waived, while the released should ensure the release is comprehensive enough to cover all potential claims. It is highly recommended that individuals seeking to draft or sign a Norwalk Unilateral Release with Waiver of California Civil Code Sect. 1542 consult with an experienced attorney to ensure all legal requirements are met and their interests are protected.
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.