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Simple Waiver for the United Kingdom

Simple Waiver Template for England and Wales

A Simple Waiver is a legal document governed by English and Welsh law that formally records one party's voluntary relinquishment of a known right, claim, or privilege. It serves as evidence that a party has intentionally surrendered certain legal rights they would otherwise be entitled to exercise. The document must comply with English contract law principles and typically requires consideration to be legally binding, unless executed as a deed.

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What is a Simple Waiver?

A Simple Waiver is commonly used in England and Wales when one party wishes to formally surrender specific rights or claims against another party. This document is particularly useful in commercial relationships, dispute resolution, or contract modifications. The Simple Waiver must be carefully drafted to ensure it clearly identifies the rights being waived, includes any necessary consideration, and complies with English contract law requirements. It can be used to prevent future claims, resolve disputes, or modify existing contractual obligations.

What sections should be included in a Simple Waiver?

1. Parties: Identifies the parties giving and receiving the waiver

2. Background: Explains the context and circumstances leading to the waiver

3. Definitions: Defines key terms used in the waiver

4. Waiver Statement: Clear statement of what rights are being waived

5. Duration: Period for which the waiver applies

6. Execution: Signature blocks and execution formalities

What sections are optional to include in a Simple Waiver?

1. Consideration: Details of any consideration given for the waiver - include when there is payment or other consideration for the waiver

2. Conditions: Any conditions attached to the waiver - include when the waiver is subject to specific conditions

3. Reservations: Rights specifically reserved by the waiving party - include when certain rights are being retained

4. Third Party Rights: Treatment of third party rights - include when third parties might be affected by the waiver

What schedules should be included in a Simple Waiver?

1. Rights Being Waived: Detailed list of specific rights being waived

2. Related Agreements: List of agreements affected by the waiver

3. Supporting Documents: Any relevant supporting documentation referenced in the waiver

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Liability Waiver

Sector

Sales

Cost

Free to use
Relevant legal definitions




















Clauses




















Industries

Common Law of Contract: Fundamental principles of contract law developed through case law in England and Wales, including formation, consideration, and enforceability

Law of Property (Miscellaneous Provisions) Act 1989: Legislation governing formalities for creation and transfer of interests in property and certain contracts

Contracts (Rights of Third Parties) Act 1999: Legislation governing when third parties may enforce terms of a contract they are not directly party to

Unfair Contract Terms Act 1977: Controls the use of exclusion and limitation clauses in contracts, particularly important for waivers

Consumer Rights Act 2015: Legislation protecting consumer rights and regulating unfair terms in consumer contracts

Unfair Terms in Consumer Contracts Regulations 1999: Regulations protecting consumers from unfair terms in contracts with businesses

Limitation Act 1980: Sets time limits within which different types of legal claims must be brought

Employment Rights Act 1996: Key legislation governing employment rights, relevant if the waiver relates to employment matters

Law of Property Act 1925: Fundamental legislation governing property law, relevant if the waiver involves property rights

Financial Services and Markets Act 2000: Regulation of financial services and markets, relevant if the waiver involves financial matters

Doctrine of Consideration: Common law principle requiring exchange of value for contracts to be binding

Principles of Estoppel: Legal principle preventing a party from going back on a promise even if not supported by consideration

Rules of Release: Common law principles governing valid releases and waivers of rights or claims

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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