This form is a release in full of all debts, liens, claims, rights, demands, actions, causes of action, known or unknown, whether in contract, tort or otherwise. This form also contains a waiver of California Civil Code § 1542.
Santa Clara Unilateral Release — Release with waiver of California Civil Code Sect. 1542 A Santa Clara Unilateral Release, also known as a Release with a waiver of California Civil Code Section 1542, is a legal document that offers protection to one party while releasing the other party from any future claims or liabilities. California Civil Code Section 1542 states that a general release does not extend to claims that the releasing party does not know or suspect to exist, which, if known, would have materially affected their settlement or agreement. This section is designed to protect individuals from unintentionally waiving their rights due to unknown or undisclosed information. However, a Santa Clara Unilateral Release, with a waiver of California Civil Code Section 1542, explicitly eliminates any protection provided by Section 1542. By signing this release, the releasing party acknowledges that they have read and understood the potential legal implications and voluntarily waive any rights they may have under Section 1542. This type of release is commonly used in various contexts, such as: 1. Employment agreements: Employers may require employees to sign a Santa Clara Unilateral Release to protect themselves from potential claims that the employee may have against them in the future, including any undisclosed issues or conflicts. 2. Settlement agreements: Parties involved in legal disputes, such as personal injury cases or business disputes, may use a Santa Clara Unilateral Release to ensure a comprehensive settlement. This release prevents the releasing party from pursuing any unknown claims after reaching a settlement agreement. 3. Real estate transactions: In property sales or lease agreements, a Santa Clara Unilateral Release may be employed to protect sellers, buyers, landlords, or tenants from undisclosed defects or issues with the property. This release ensures that both parties are aware of any potential risks or liabilities and agree to waive any claims that could arise later. It is essential to note that a Santa Clara Unilateral Release must be carefully drafted to ensure its enforceability. Consulting with a legal professional is highly recommended avoiding potential legal complications or challenges in the future. In summary, a Santa Clara Unilateral Release, with a waiver of California Civil Code Section 1542, is a legal document that releases one party from liability while waiving the protections provided by Section 1542. This type of release can be used in various situations, including employment agreements, settlement agreements, and real estate transactions, to protect one party from potential undisclosed claims or liabilities.
