Document background
The Express Waiver is a critical risk management document used across various sectors in Canada to establish clear agreements between parties regarding the voluntary relinquishment of legal rights. This document type is particularly relevant when activities or services involve inherent risks that need to be acknowledged and accepted by participants. The Express Waiver must be drafted in compliance with provincial legislation and common law principles (or civil law in Quebec), ensuring it meets the requirements for clarity, voluntariness, and fairness. It typically includes detailed descriptions of risks, explicit waiver language, and acknowledgment of understanding by the signing party. While courts generally uphold properly drafted express waivers, they scrutinize them carefully, especially in consumer contexts, making precise drafting crucial.
