Vista Unilateral Release — Release with waiver of California Civil Code Sect. 1542., also known as Vista Release or California Civil Code 1542 Release, is a legal document commonly used in California to execute a release or settlement agreement. This type of release is specifically designed to waive claims or matters that the person signing the agreement may not be aware of at the time of signing. California Civil Code Section 1542 is a statutory provision that prevents the unintentional waiver of unknown claims. It states: "A general release does not extend to claims that the creditor 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." This means that without a specific mention of Section 1542 in the release, unknown claims may not be waived. The Vista Unilateral Release is used to explicitly waive the protections of California Civil Code Section 1542. By doing so, the person signing the release acknowledges and agrees that they are releasing all known and unknown claims against the other party. This waiver is important as it prevents any future claims that may arise, even if they were not known or anticipated at the time of signing the release. There are various types of Vista Unilateral Release or California Civil Code 1542 Release, depending on the context in which it is used. Some common types include: 1. Employment Vista Unilateral Release: This type of release is often used in the employment context, where an employee agrees to release their employer from any known or unknown claims in exchange for certain benefits, such as severance pay or other considerations. 2. Settlement Agreement Vista Release: This type of release is used when parties involved in a legal dispute decide to settle the matter out of court. By signing the release, both parties waive any claims they may have against each other, known or unknown, thus ending the dispute. 3. Liability Waiver Vista Release: This type of release is commonly used in activities or events where there may be potential risks or hazards involved. Participants are required to sign a liability waiver release, releasing the organizers or hosts from any known or unknown claims arising from their participation. 4. Real Estate Transaction Vista Release: In real estate transactions, a Vista Unilateral Release may be used when a party releases claims against the other party, usually in relation to the purchase or sale of a property. This release ensures that any undisclosed issues or claims are waived once the transaction is complete. In summary, Vista Unilateral Release — Release with waiver of California Civil Code Sect. 1542. is an essential legal document used in various contexts to release and waive claims, both known and unknown. It is crucial for individuals or parties involved in agreements or settlements to carefully review and understand the implications of this release to ensure a comprehensive waiver of rights.
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.