San Bernardino Unilateral Release refers to a legal document that includes a waiver of California Civil Code Section 1542. This release is commonly used in various types of agreements and contracts to protect one party from potential legal claims or liabilities. California Civil Code Section 1542 is a provision that states that a general release does not extend to claims that the party releasing the claims does not know or suspect to exist at the time of executing the release, which is known, might have materially affected their settlement with the other party. By incorporating a waiver of California Civil Code Section 1542 into a San Bernardino Unilateral Release, the party releasing their claims acknowledges and agrees that they are aware of the existence of this provision and expressly waive any rights under it. This means that they are releasing any potential future claims, even if they are unaware of their existence. There are different types of San Bernardino Unilateral Releases with waiver of California Civil Code Section 1542, depending on the specific purpose or context in which it is used. Some common examples include: 1. Employment Agreements: Employers might require employees or contractors to sign a San Bernardino Unilateral Release with waiver of California Civil Code Section 1542 when terminating their employment. This release ensures that both parties have a clear understanding of their rights and responsibilities, protecting the employer from potential claims that the employee might not be aware of. 2. Settlement Agreements: In legal disputes, parties often enter into settlement agreements to resolve their claims. In such cases, a San Bernardino Unilateral Release with waiver of California Civil Code Section 1542 is frequently included to ensure that both parties are releasing each other from any potential future claims, even if they are not currently known or suspected. 3. Liability Waivers: Businesses or organizations offering activities or services that carry a level of risk may require participants to sign a San Bernardino Unilateral Release with waiver of California Civil Code Section 1542. This exemption is necessary to minimize liability in the event of accidents, injuries, or other unforeseen incidents related to the activities or services provided. In conclusion, a San Bernardino Unilateral Release with waiver of California Civil Code Section 1542 is a legal document that protects individuals or organizations from potential future claims. It is employed in various contexts such as employment agreements, settlement agreements, and liability waivers, serving to release one party from any unknown or suspected claims at the time of executing the release.
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.