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A release form, or general release form, is a legal document that serves as consent in writing to release the legal liability of a releasee by a releasor.
Waiver and release refers to the waiving of rights or privileges and the release of a party from their obligations or rights.
A release and waiver agreement is an enforceable promise not to pursue legal action in exchange for compensation. The releasee gives money or some other form of compensation to the releasor, who then agrees not to press charges, sue, or take any other legal action against the releasee.
A minor usually cannot legally release his or her rights. Only the minor's parent or guardian can do so. So, a release signed only by the minor is not enforceable. In addition, the release must be signed before any injury has occurred.
A release and waiver agreement is an enforceable promise not to pursue legal action in exchange for compensation. The releasee gives money or some other form of compensation to the releasor, who then agrees not to press charges, sue, or take any other legal action against the releasee.
The main difference between releases and waivers is the transferring of ownership. When rights are released, they are transferred to another party. When rights are waived, they are gone altogether. If intellectual property rights are waived, the IP can be used by any other party that has access to it.
A generic form of release agreement for use when parties to a commercial contract are terminating or have terminated the contract (or a portion of it) and have agreed to deliver a mutual release of claims. This Standard Document has integrated notes with important explanations and drafting tips.
An agreement of release will only be enforceable if it is valid. Generally, release agreements are valid and enforceable under circumstances such as: When the attempt to excuse one party from liability is expressed in clear, definite, and unambiguous language in the agreement.
In California, waivers of liability are generally enforceable so long as they have been drafted correctly, are explicit as to the scope of coverage, are legible and use high-visibility text, and do not illegally waive unknown or unrelated claims.
Liability waivers are enforceable in California solely to the extent they shift to the customer the risk of ordinary negligence. Under California law, a liability waiver cannot excuse an injury caused by a defendant's gross negligence, recklessness or intentionally wrongful act.