Claim Waiver Form

Claim Waiver Form Template for Switzerland

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Key Requirements PROMPT example:

"I need a Claim Waiver Form under Swiss law for an employee leaving our tech company who will receive a severance package of 50,000 CHF, with the waiver to be effective from March 15, 2025, and including standard confidentiality provisions."

Document background

The Claim Waiver Form is a critical legal instrument in Swiss business and civil matters, used when parties wish to formally resolve potential or existing disputes by having one party relinquish their rights to pursue certain claims. This document is commonly utilized in various scenarios including employment terminations, settlement agreements, insurance claims, and business dispute resolutions. The form must be drafted in compliance with Swiss legal requirements, particularly the Swiss Code of Obligations and relevant cantonal laws. It should clearly identify the parties involved, specify the claims being waived, include any consideration being provided, and contain appropriate acknowledgments. The document is particularly important in risk management strategies and dispute prevention, offering legal certainty to both the releasing and released parties.

Suggested Sections

1. Title and Date: Clear identification of the document as a Claim Waiver Form (Verzichtserklärung) and date of execution

2. Parties: Full identification of the releasing party (waiving claims) and the released party (being released from claims), including all relevant contact details and registration numbers for legal entities

3. Background: Brief description of the circumstances leading to the waiver, including reference to any relevant preceding events or agreements

4. Definitions: Clear definitions of key terms used in the waiver, particularly the scope of claims being waived

5. Waiver Declaration: Express statement of the claims being waived, including temporal scope and specific circumstances covered

6. Consideration: Statement of any consideration provided in exchange for the waiver, if applicable

7. Acknowledgments: Declarations that the releasing party understands the implications of the waiver and has had the opportunity to seek legal advice

8. Governing Law: Explicit statement that Swiss law governs the waiver

9. Signatures: Execution block with full signature requirements under Swiss law

Optional Sections

1. Partial Waiver Provisions: Used when only specific claims are being waived while others are preserved

2. Related Parties: Include when the waiver extends to affiliated entities, officers, or other related parties

3. Confidentiality: Required when the parties wish to keep the existence or terms of the waiver confidential

4. Return of Materials: Include when there are documents or materials to be returned as part of the waiver agreement

5. Non-Admission of Liability: Optional clause stating that the waiver does not constitute an admission of liability

6. Severability: Include in more complex waivers to ensure partial invalidity doesn't void the entire agreement

Suggested Schedules

1. Schedule A - Specific Claims: Detailed list of specific claims being waived, if too extensive for main document

2. Schedule B - Related Agreements: List of any related agreements or documents referenced in the waiver

3. Appendix 1 - Supporting Documents: Copies of relevant supporting documents or evidence referenced in the waiver

4. Appendix 2 - Corporate Authorizations: If either party is a legal entity, required corporate authorizations or powers of attorney

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

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Corporate Secretary

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Employee Relations Manager

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Authors

Alex Denne

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