Waiver Review

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 4,009 reviews

Jump to Section

Need help with a Waiver?

Post Project Now

Post Your Project (It's Free)

Get Bids to Compare

 Hire Your Lawyer

A waiver review is a process of properly reading and comprehending a contract clause before agreeing to the contract in its entirety. A careful analysis by a lawyer can establish the impact and severity of the contract's waiver.

Whenever you need to make a legally enforceable agreement or legal document, having an experienced lawyer evaluate the waiver is a smart idea. A waiver is one part of the contract that provides the review is the process of reading and analyzing a contract, frequently line by line. This thorough examination aids in ensuring that a contract is fair and legally enforceable.

A contract, or legally enforceable agreement, between oneself and one or more individuals or parties may be required. A contract lawyer will assist you in ensuring that the agreement you establish complies with all legal requirements. A lawyer can draft and update legal contracts and other papers, ensuring that they protect you in the event of a conflict.

Depending on your scenario, hiring a lawyer for contract review might entail various things. You can safeguard your financial interests by learning what a lawyer would do in certain situations while analyzing a contract.

What Is a Waiver?

A waiver is a legally enforceable condition in which one party in a contract agrees to voluntarily waive a claim without holding the other party accountable. Waivers are frequently seen during settlement negotiations, when one party may be ready to pay out a somewhat greater amount if the other person, generally a claimant, agrees to sign a waiver waiving their right to future legal action.

Waivers Explained

A waiver indicates a party's intent to give up a legal right or claim. The crucial aspect is that the surrender is voluntary and can apply to various legal scenarios. A waiver essentially relieves the other party in the agreement of any current or potential obligations. For instance, in a settlement involving two parties, one party may, by a waiver, renounce its right to take any additional legal action after the settlement is concluded.

Waivers may be made orally or in writing, or both. If a party to an agreement exercises a right, such as the right to terminate the agreement during the first year of the contract, that right may be deemed to have been waived by the conduct of that party. It waives its right to do so in the future if it doesn't terminate the agreement before the first year, which would be an act of "lack of action".

Meet some lawyers on our platform

Briana C.

60 projects on CC
View Profile

Wendy C.

2 projects on CC
View Profile

Don G.

27 projects on CC
View Profile

Daniel R.

9 projects on CC
View Profile

Elements of Waiver

Any contractual consideration need not justify the waiver. However, for an effective waiver, certain elements need to be present:

  1. A legal right must be renounced, disclaimed, or abandoned via words or actions for a waiver to be considered valid. The actions or statements must be incompatible with claiming the legal entitlement.
  2. The waiver may be inferred or explicit (spoken or in writing).
  3. If a right is being waived implicitly, the person waving it must be aware of all the circumstances that are pertinent to that right.
  4. The statement or action waiving the right must be clear.
  5. Acting on the statement or behavior, the other party—who would otherwise be in breach of the contract—changed their circumstances to their disadvantage.
  6. It would be unjust for the other party to assert the legal right in this situation.

Also, the waiver doesn't need to be supported by contractual consideration.

Waiver Examples

  • Waiver of Parental Rights: In circumstances concerning the custody of a child, a biological parent has the option to renounce their legal parental rights, which disqualifies them from making decisions about the kid's upbringing. This also permits a guardian who is not the kid's biological parent to make an effort to claim parental authority over the child by taking measures like adoption.
  • Liability Waivers: Due to the risky nature of some activities, participants may be forced to sign a waiver before engaging in them. This is done to convey their agreement to the risks involved. By signing this waiver, the firm organizing the activity would no longer be held responsible if one of the participants was hurt or killed while taking part. These releases can be utilized before engaging in activities like skydiving or intense sports like BMX racing.
  • Waivers and Tangible Items: In most cases involving tangible goods or personal property, a person may give up their right to bring future claims. This can apply to items given to a certain organization or sold to a new customer. When a car is transferred, the seller effectively relinquishes all rights to the property and grants them to the buyer as the new owner.
  • Inadmissibility: Application for Waiver of Grounds of Inadmissibility, Form I-601: If a noncitizen of the United States seeks to enter the country, they may be obliged to do so. This waiver aims to modify the applicant's status, Permitting them to enter the country lawfully.

Benefits and Drawbacks of Waivers

The benefits and drawbacks are typically pretty obvious depending on which side of the waiver you are on. To accept a settlement offer from an insurance company, the claimant must sign a release in, let's say, a vehicle accident. This implies that even when the claimant has received a payment from the insurance company, the claimant is no longer permitted to sue the insurance provider.

In this case, receiving a settlement package would be advantageous for the claimant. The insurance provider benefits because, when the claimant signs the waiver, they are no longer responsible for them and are no longer at risk of being sued.

In this illustration, the drawbacks for the claimant are the same as the benefits for the insurance provider.

They would be barred from making a further claim. If the insurance company believes the claimant may later have a valid claim and aims to reduce that risk before it materializes, they will often pay an exaggerated settlement offer. Waivers might be useful or harmful depending on your position and the situation's specifics because of how they work.

What is a Subrogation Waiver?

A waiver of subrogation forbids a person or business from trying to recover damages from a third party. Construction agreements, leases, and contracts for property insurance frequently include waivers of subrogation. If a party renounced subrogation, insurance firms would frequently add reasons why they should not be compensated for an insurance claim settlement.

Relation between Waiver and Amendment Clause

In some circumstances, the parties may cancel their agreement without altering it. In this case, the agreement's waiver and modification clauses are applied. These variations are referred to as "amendments". A waiver does not alter the terms of the contract, unlike an amendment. Instead, it permits or justifies actions that the contract would otherwise forbid. Consent and waivers must be in writing. The agreement's clauses complement one another in the agreement, Amendment, and Waiver Clause.

Conclusion

An agreement between two parties can be effectively concluded with a waiver, terminating their relationship and reducing potential danger. Waivers do have some serious risks, especially if there are potential future legal claims that have merit. Waivers, such as when negotiating building contracts, are frequently used and are typically made for each party's protection. The particular facts of each occurrence determine whether a waiver is advantageous or even required.

Contracts Counsel was founded to help people and organizations find legal advice. Companies and individuals routinely sign contracts that entail unjustified risks because they assume that receiving legal advice would be too expensive. Our technological platform gives clients an advantage by providing a competitive marketplace, complete pricing transparency, and details on the qualifications of our members. Our users have access to a vast skill and knowledge base for their legal needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Alen A. on ContractsCounsel
View Alen
5.0 (8)
Member Since:
August 26, 2021

Alen A.

Attorney
Free Consultation
Get Free Proposal
Los Angeles, CA
16 Yrs Experience
Licensed in CA
University of West Los Angeles

Alen is an attorney and licensed real estate broker with over 15 years of experience representing clients in real estate and business matters. Alen has extensive experience in business and real estate matters. The work includes lease/contract drafting & negotiations, real estate transactions, advising the purchase/sale of businesses, and other matters commonly confronting small businesses and individuals.

Garrett M. on ContractsCounsel
View Garrett
5.0 (5)
Member Since:
August 29, 2021

Garrett M.

Associate
Free Consultation
Get Free Proposal
Dexter, MO
7 Yrs Experience
Licensed in TX
University of Texas

Hello! I am a young attorney with four years' experience in real estate transactions, fund formation, and general corporate transactional work. I graduated in 2016 from the University of Texas - Austin and I am barred in Texas.

Billy Joe M. on ContractsCounsel
View Billy Joe
5.0 (2)
Member Since:
October 25, 2021

Billy Joe M.

Partner Attorney
Free Consultation
Get Free Proposal
Chicago, IL
14 Yrs Experience
Licensed in IL
University of Illinois at Urbana-Champaign

I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science, Finance, and Economics. I stayed around Champaign for law school and graduated in 2009. I then worked at a big law firm in downtown Chicago. It was boring, so I quit in early 2011. I thought that I could not be happy practicing law - I was wrong. After I quit the traditional law firm life, I began representing my own clients. I realize now that I love helping normal people, small business owners, and non-profits address a variety of legal issues. I hope to hear from you.

Phocus L. on ContractsCounsel
View Phocus
5.0 (1)
Member Since:
September 16, 2021

Phocus L.

Attorney
Free Consultation
Get Free Proposal
Phoenix, AZ, USA
12 Yrs Experience
Licensed in AZ, CA
Georgetown University Law Center

G'day, my name is Michele! I work with startups, entrepreneurs and small/medium-sized businesses across the country in a wide array of industries. I help them with all of their ongoing, daily legal needs. This includes entity formation, M&A, contract drafting and review, employment, asset sale & acquisition, and business sales or shareholder exits. I'm half-Australian, half-Italian, and I've lived the last 20+ years of my life in America. I've lived all over the USA, completing high school in the deep south, graduating cum laude from Washington University in St. Louis, and then cum laude from Georgetown University Law Center. After law school I worked for the Los Angeles office of Latham & Watkins, LLP. After four intense and rewarding years there, I left to become General Counsel and VP of an incredible, industry-changing start-up called Urban Mining Company (UMC) that manufactures rare earth permanent magnets. I now work for Phocus Law where I help run our practice focused on entrepreneurs, startups, and SMEs. I love what I do, and I'd love to be of help! My focus is on providing stress-free, enjoyable, and high-quality legal service to all of my clients. Being a good lawyer isn't enough: the client experience should also be great. But work isn't everything, and I love my free time. I've been an avid traveler since my parents put me on a plane to Italy at 9-months old. I'm also a music nut, and am still looking for that perfect client that will engage me to explain why Dark Side Of The Moon is the greatest album of all time. Having grown up in a remote, and gorgeous corner of Australia, I feel a strong connection to nature, and love being in the elements.

Daliah S. on ContractsCounsel
View Daliah
Member Since:
September 1, 2021

Daliah S.

Principal Attorney
Free Consultation
Get Free Proposal
Chicago, IL
19 Yrs Experience
Licensed in IL
University of Illinois College of Law

Daliah Saper operates a cutting-edge internet and social media law practice that regularly leads local and national media outlets to solicit her commentary on emerging internet law issues involving cyberbullying, sexting, catfishing, revenge porn, anonymous online defamation, domain name and user-name squatting, privacy, and the latest business decisions made by social media platforms such as Facebook, Twitter and YouTube. As a litigator Daliah represents companies bringing or defending business and intellectual property disputes. (She has argued cases in a number of jurisdictions including taking a case all the way to the Illinois Supreme Court.) As a transactional lawyer she helps clients choose the right business entity, drafts contracts and licensing agreements, advises on sweepstakes and contest rules, and ensures website terms of use and privacy policies are compliant, and provides comprehensive trademark and copyright counseling. Since founding Saper Law Offices in 2005, Daliah has been named a 40 Under 40 by Law Bulletin Publishing Co., a top Media & Advertising attorney by Super Lawyers Magazine 14 years in a row, and has been repeatedly recognized as a leading media and entertainment lawyer by Chambers and Partners. For the past eleven years, she also has taught entertainment and social media law at Loyola University Chicago School of Law.

Alex M. on ContractsCounsel
View Alex
Member Since:
August 26, 2021

Alex M.

Attorney
Free Consultation
Get Free Proposal
Los Angeles, California
12 Yrs Experience
Licensed in CA
Southwestern Law School

Mr. Mehdipour attended the University of California San Diego where he received his degree in political science. After graduating from UCSD, Mr. Mehdipour attended Southwestern University School of Law where he received his JD. Upon passing the bar, Mr. Mehdipour gained invaluable experience both in a law firm and business setting. Mr. Mehdipour uses his prior business and legal experiences to negotiate the most advantageous results for his clients.

Nicholas A. on ContractsCounsel
View Nicholas
Member Since:
August 28, 2021

Nicholas A.

Founder, Victrix Legal LLC
Free Consultation
Get Free Proposal
Buffalo, NY
2 Yrs Experience
Licensed in NY
Liberty University School of Law

I help small business owners build and protect their dreams. I always thought that I would just be a litigator. Then I joined an intellectual property clinic in law school. We were helping nonprofits and small businesses reach their goals. I fell in love with the work and decided to open my own firm so I could keep helping them. When I decided to start Victrix Legal, I decided that it would be a modern law firm designed to serve professionals. It would be different from every other law firm. In my experience, my law firms are designed to promote inefficiency and reactionary lawyering. Because in most firms, you make more money when you spend more time on a project. And you lose money if your client doesn't get sued. In my opinion, that's a built-in conflict of interest. My firm is different. I use flat fees for most basic projects to keep costs predictable for you and incentivize efficiency. I offer long-term advisory plans and legal audits to prevent issues from happening. I want my clients to see me as their business partner, not just the guy they call when they are in trouble. If any of that interests you, please reach out to me. I offer free consultations. Let's set aside some time and talk about what your legal needs are.

Gerald W. on ContractsCounsel
View Gerald
Member Since:
August 28, 2021

Gerald W.

Attorney
Free Consultation
Get Free Proposal
Round Rock, Texas
9 Yrs Experience
Licensed in IL, TX
Valparaiso University School of Law

My clients know me as more than just an attorney. First and foremost, my background is much broader than that. Prior to attending the Valparaiso University School of Law, I earned a Master of Business Administration and ran a small business as a certified public accountant. Thanks to this experience, I possess unique insight which in turn allows me to better assist my clients with a wide range of business and tax matters today. In total, I have over 20 years of experience in financial management, tax law, and business consulting, and I’m proud to say that I’m utilizing the knowledge I’ve gained to assist the community of Round Rock in a variety of ways. In my current practice, I provide counsel to small to medium-sized businesses, nonprofit organizations, and everyday individuals. Though my primary areas of practice are estate planning, elder law, business consulting, and tax planning, I pride myself on assisting my clients in a comprehensive manner. Whenever I take on a new client, I make an effort to get to know them on a personal level. This, of course, begins with listening. It is important that I fully understand their vision so I can help them successfully translate it into a concrete plan of action that meets their goals and expectations. I appreciate the individual attributes of each client and know firsthand that thoughtful, creative, and customized planning can maximize both financial security and personal happiness. During my time as a certified public accountant, I cultivated an invaluable skill set. After all, while my legal education has given me a deep understanding of tax law, I would not be the tax attorney I am today without my background in accounting. Due to my far-reaching experience, I am competent in unraveling even the most complex tax mysteries and disputes. My CPA training benefits my estate planning practice, too. In the process of drafting comprehensive wills and trusts, I carefully account for every asset and plan for any tax burdens that may arise, often facilitating a much smoother inheritance for the heirs of my clients. Prior to becoming certified as a CPA, I made sure to establish a solid foundation in business both in and out of the classroom, and the acumen I’ve attained has served me well. Not only am I better able to run my own practice than I otherwise would be; I am able to help other small business owners fulfill their dreams, as well.

James David W. on ContractsCounsel
View James David
Member Since:
September 3, 2021

James David W.

Partner
Free Consultation
Get Free Proposal
Raleigh, NC
7 Yrs Experience
Licensed in DC, NC
Harvard Law School

I graduated from Harvard Law School and worked first for a federal judge and then a leading DC firm before starting a firm with a law school classmate. My practice focuses on company formations, early-stage investments, and mergers & acquisitions.

Anna K. on ContractsCounsel
View Anna
Member Since:
November 11, 2021

Anna K.

Manager
Free Consultation
Get Free Proposal
Miami, Florida
25 Yrs Experience
Licensed in FL
University of Miami

Anna is an experienced attorney, with over twenty years of experience. With no geographical boundaries confining her practice, Anna works on corporate, healthcare and real estate transactions. Anna brings extensive big firm experience, garnered as an associate in the Miami office of the world's largest law firm, Baker and McKenzie, and the Miami office of the international law firm Kilpatrick Townsend. Her areas of expertise include: mergers and acquisitions, initial public offerings, private placements, healthcare transactions, corporate finance, commercial real estate transaction and acting as a general corporate counsel. Anna is certified to practice law in Florida and was admitted to the Florida Bar in 1998. Anna is also a Certified Public Accountant. She passed May 1995 CPA Exam on the first sitting. She is fluent in Russian (native).

Serge Y. on ContractsCounsel
View Serge
Member Since:
September 22, 2021

Serge Y.

General Counsel
Free Consultation
Get Free Proposal
NYC
11 Yrs Experience
Licensed in NY
Fordham University School of Law

Startup Lawyer that caters to the entrepreneurial spirit. Focusing on building long term relationships and working with emerging startups throughout their entire life cycle. From concept to IPO, I'll will help guide you along the way. Years of high level experience drafting, negotiating, and reviewing all types of transactional contracts, e.g., operating agreements, charters, bylaws, NDAs, Terms of Service, Master Service Agreements, etc. You name it; it's crossed my desk. Have a depth of experience working with the USPTO to file trademarks, copyrights, and patents. If you're in the startup space and need a helping hand, I'm your guy.

Find the best lawyer for your project

Browse Lawyers Now

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call