Vallejo Unilateral Release — Release with waiver of California Civil Code Sect. 1542: Explained and Types The Vallejo Unilateral Release is a legal document that includes a waiver of California Civil Code Section 1542. Section 1542 is an important provision of the California Civil Code that states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which is known by him or her must have materially affected his or her settlement with the debtor or released party." In simpler terms, Section 1542 protects individuals from inadvertently giving up unknown claims or rights when releasing another party from liability. It prevents the release of claims that the individual may not be aware of at the time of executing the release. The Vallejo Unilateral Release goes beyond a general release by explicitly waiving the protections of Section 1542. By signing this release, an individual acknowledges that they have read and understood Section 1542, and intentionally waives its benefits. Consequently, the individual gives up their right to assert any unknown claims or rights against the releasing party, even if they were unaware of them at the time of signing. Types of Vallejo Unilateral Releases: 1. Contractual Unilateral Release: This type of release is typically used in contractual relationships where one party is seeking to release the other party from liability for specific claims or damages. It includes a waiver of Section 1542 to ensure that all potential claims, known or unknown, are released. 2. Personal Injury Unilateral Release: Personal injury cases often involve the use of a Vallejo Unilateral Release. In this context, the release is signed by the injured party, waiving their rights to pursue any present or future claims against the party responsible for their injuries. By including a waiver of Section 1542, the injured party acknowledges that they may not be aware of all potential damages or injuries resulting from the incident. 3. Settlement Agreement Unilateral Release: Settlement agreements in various legal matters frequently incorporate a Vallejo Unilateral Release. Whether it is a commercial dispute, employment matter, or any other legal conflict, the release is designed to encompass all potential claims, known or unknown, ensuring a comprehensive settlement. It is crucial to consult with a qualified attorney before signing or drafting a Vallejo Unilateral Release. An attorney can provide guidance on the implications of waiving Section 1542 and assist in ensuring that your rights and interests are adequately protected in 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.