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Waiver Contract Template for Switzerland

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Key Requirements PROMPT example:

Waiver Contract

"I need a Waiver Contract under Swiss law for our departing senior executive who will receive a severance package of 500,000 CHF in exchange for waiving all claims against the company, to be effective from March 1, 2025."

Document background
The Waiver Contract is a crucial legal instrument in Swiss business and civil matters, used when one party wishes to formally surrender certain rights, claims, or privileges. This document type is particularly relevant in settlement agreements, employment terminations, liability releases, and commercial transactions. The contract must be drafted in accordance with Swiss law, specifically the Swiss Code of Obligations and relevant provisions of the Swiss Civil Code. It requires careful attention to detail as Swiss courts closely scrutinize waivers to ensure they are voluntary, clearly understood, and not contrary to mandatory law. The document typically includes detailed descriptions of the rights being waived, acknowledgments of understanding, and any consideration provided. Special attention must be paid to ensure the waiver does not violate Swiss public policy or attempt to waive non-waivable rights.
Suggested Sections

1. Parties: Identification and details of all parties involved in the waiver agreement

2. Background: Context and circumstances leading to the waiver

3. Definitions: Clear definitions of key terms used in the agreement

4. Subject Matter of Waiver: Explicit description of the rights, claims, or interests being waived

5. Acknowledgments: Statements confirming the waiving party understands the implications of the waiver

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

7. Representations and Warranties: Statements about the parties' capacity and authority to enter into the waiver

8. Effectiveness: When and how the waiver takes effect

9. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

10. Entire Agreement: Integration clause confirming the waiver represents the complete agreement

11. Execution: Signature requirements and execution details

Optional Sections

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

2. Revocation Period: Include when offering a cooling-off period during which the waiver can be revoked

3. Confidentiality: Required when the waiver includes confidential information or requires confidential treatment

4. Severability: Include when there's a risk that certain provisions might be found invalid

5. Independent Legal Advice: Confirmation of receiving independent legal advice, recommended for complex waivers

6. Language: Required for multilingual contracts or when parties speak different languages

7. Surviving Obligations: Include when certain obligations should survive the waiver

8. Third Party Rights: Needed when the waiver affects rights of third parties

Suggested Schedules

1. Description of Waived Rights: Detailed list and description of specific rights being waived

2. Related Agreements: Copies or references to agreements affected by the waiver

3. Supporting Documentation: Any relevant documentation supporting the waiver context

4. Risk Disclosure: Detailed explanation of risks and consequences of the waiver

5. Translation Certificate: If document is in multiple languages, certification of translation accuracy

Authors

Alex Denne

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

Relevant legal definitions





























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Relevant Industries

Financial Services

Banking

Insurance

Healthcare

Pharmaceuticals

Manufacturing

Technology

Professional Services

Real Estate

Construction

Education

Sports and Recreation

Hospitality

Retail

Telecommunications

Transportation

Energy

Relevant Teams

Legal

Compliance

Human Resources

Risk Management

Corporate Governance

Operations

Business Development

Finance

Executive Leadership

Project Management

Client Relations

Dispute Resolution

Relevant Roles

Legal Counsel

Compliance Officer

Risk Manager

Human Resources Director

Contract Manager

Corporate Secretary

Chief Legal Officer

General Counsel

Employment Lawyer

Business Development Manager

Operations Manager

Chief Executive Officer

Chief Financial Officer

Project Manager

Partnership Manager

Claims Manager

Settlement Officer

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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