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Waiver Of All Claims Template for Switzerland

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Key Requirements PROMPT example:

Waiver Of All Claims

"I need a Waiver of All Claims document between my tech company and a departing senior developer who had access to our intellectual property, to be effective from March 1, 2025, including specific provisions about confidentiality and return of company property."

Document background
The Waiver of All Claims is a critical legal instrument used in various business and personal contexts under Swiss law where parties seek to definitively resolve potential disputes and create legal certainty. This document is typically used following settlements, business transactions, employment terminations, or other situations where parties wish to prevent future claims relating to past events or relationships. The waiver must be carefully drafted to comply with Swiss legal requirements, particularly regarding what rights can and cannot be waived under the Swiss Code of Obligations. It's essential to note that Swiss law prohibits waiving certain fundamental rights and claims arising from willful misconduct or gross negligence. The document typically includes detailed descriptions of the claims being waived, acknowledgments of understanding, and any consideration provided in exchange for the waiver.
Suggested Sections

1. Parties: Identification of all parties involved, including full legal names, addresses, and any relevant registration numbers

2. Background: Context of the relationship between parties and circumstances leading to the waiver

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

4. Scope of Waiver: Detailed description of all claims, rights, and causes of action being waived, with specific reference to Swiss law requirements

5. Acknowledgment of Understanding: Express confirmation that the waiving party understands the implications of the waiver and has had the opportunity to seek legal advice

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

7. Representations and Warranties: Statements confirming capacity to enter into the waiver and authority to waive claims

8. Governing Law and Jurisdiction: Explicit statement of Swiss law as governing law and designation of competent courts

9. Entire Agreement: Confirmation that the waiver represents the entire agreement regarding the claims being waived

10. Execution: Signature blocks and execution requirements

Optional Sections

1. Excluded Claims: Section specifically listing any claims that are not included in the waiver, used when certain claims need to be preserved

2. Release of Unknown Claims: Specific provision for waiving unknown claims, used when parties want to ensure future discoveries don't invalidate the waiver

3. Severability: Provision addressing the survival of remaining provisions if any part is found invalid, used in more complex waivers

4. Third Party Rights: Section addressing whether third parties benefit from or are bound by the waiver, used when other parties might be affected

5. Confidentiality: Provisions regarding confidentiality of the waiver and its terms, used in sensitive situations

6. Return of Property: Provisions regarding return of any relevant documents or property, used in employment or business relationship contexts

7. Non-Disparagement: Mutual agreements not to make negative statements, used in sensitive or public-facing situations

Suggested Schedules

1. Schedule of Known Claims: Detailed list of specific known claims being waived

2. Schedule of Excluded Claims: Detailed list of claims specifically excluded from the waiver

3. Schedule of Consideration: Details of any consideration being provided, including payment terms or other compensation

4. Related Agreements: List and copies of any related agreements referenced in the waiver

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

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