Voluntary waiver clause: Copy, customize, and use instantly
Introduction
A voluntary waiver clause outlines the conditions under which a party voluntarily gives up certain rights or claims under an agreement. This clause ensures that any waiver is made knowingly and voluntarily, typically after considering the potential consequences. It is particularly important in contracts where parties want to avoid unintended or uncoerced relinquishment of rights.
Below are templates for voluntary waiver clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Standard voluntary waiver clause
This version establishes the general principle of voluntary waiver.
Each Party acknowledges and agrees that any waiver of rights under this Agreement must be made voluntarily and with full understanding of the consequences. A waiver will only be valid if it is in writing and signed by the Party granting the waiver.
Voluntary waiver clause with limitation on waivers of future claims
This version limits the scope of future claims being waived.
The Parties agree that any waiver under this Agreement applies solely to the specific rights or claims waived and does not extend to any future claims or rights that may arise under this Agreement unless explicitly stated in writing.
Voluntary waiver clause with no implied waiver
This clause clarifies that actions do not imply waiver of rights.
No failure or delay by any Party in exercising any right, power, or privilege under this Agreement shall operate as a waiver of that right, power, or privilege, and no single or partial waiver of any right, power, or privilege shall preclude any other or further exercise of such right, power, or privilege.
Voluntary waiver clause with right to revoke waiver
This version allows the revocation of a waiver.
Any waiver granted under this Agreement is voluntary and may be revoked by the Party granting it at any time before it is acted upon, provided that such revocation is communicated in writing to the other Party within [X] days of the waiver being made.
Voluntary waiver clause with limited scope of waiver
This version defines the scope of the waiver.
The Parties agree that any waiver of rights under this Agreement shall be limited to the specific obligation or provision waived and shall not be construed as a waiver of any other rights, claims, or obligations under this Agreement.
Voluntary waiver clause with no continuing obligation after waiver
This version clarifies that a waiver does not impose ongoing obligations.
A waiver granted by either Party under this Agreement shall not create any continuing obligations, and shall only apply to the particular rights or claims waived, with no further effect beyond the specific instance.
Voluntary waiver clause with express written waiver requirement
This clause requires waivers to be explicitly written.
No waiver of any right or obligation under this Agreement shall be valid unless it is expressly granted in writing and signed by the Party granting the waiver. Any oral waiver or implied waiver shall be deemed invalid.
Voluntary waiver clause with waiver not to affect enforceability
This version emphasizes that waivers do not affect other enforceable terms.
The waiver of any provision under this Agreement shall not affect the enforceability of the remaining provisions, and the Agreement shall remain in full force and effect except as to the waived provision.
Voluntary waiver clause with waiver of certain claims
This clause applies to specific claims being waived.
The Parties agree to voluntarily waive any claims or causes of action arising out of [specific event], provided that such waiver is made knowingly and voluntarily after consideration of the consequences of such waiver.
Voluntary waiver clause with requirement for informed consent
This version ensures the waiver is made with full understanding.
Each Party acknowledges that they have had sufficient time to consider the waiver of rights under this Agreement and that the waiver is made with full understanding and informed consent of the potential legal consequences.
Voluntary waiver clause with no waiver of future rights
This clause ensures the waiver does not affect future rights.
The waiver of any rights under this Agreement shall not be deemed to extend to or affect any future claims or rights, unless explicitly stated in writing at the time of the waiver.
Voluntary waiver clause with waiver of specific legal actions
This version limits the waiver to legal actions.
The Parties voluntarily waive the right to bring any legal action for [specific legal issue], acknowledging that the waiver is made voluntarily and without coercion or undue influence.
Voluntary waiver clause with acknowledgment of rights before waiver
This clause requires acknowledgment before the waiver is effective.
Before executing this waiver, the Parties acknowledge that they fully understand the rights being waived and have been informed of the consequences of such waiver.
Voluntary waiver clause with conditional waiver based on actions
This version ties the waiver to specific actions.
The waiver of rights under this Agreement shall be conditional upon [specific condition], and shall only take effect if [specific actions] are completed by the Parties as outlined in this Agreement.
Voluntary waiver clause with right to reinstate waived rights
This version allows for reinstating waived rights.
Any rights waived under this Agreement may be reinstated at any time before such rights are exercised by providing written notice to the other Party, thereby reversing the prior waiver.
Voluntary waiver clause with no waiver of indemnification rights
This version excludes indemnification from the waiver.
The waiver of rights in this Agreement does not apply to any indemnification obligations or claims, and both Parties retain the right to enforce indemnification provisions regardless of any other waivers granted.
Voluntary waiver clause with waiver of procedural claims
This clause applies to procedural claims.
The Parties agree to waive any claims related to procedural irregularities or delays under this Agreement, recognizing that such waiver is voluntary and does not affect substantive rights under the Agreement.
Voluntary waiver clause with voluntary waiver of damages claims
This version specifically addresses damages.
The Parties voluntarily waive any claims for consequential, incidental, or punitive damages arising from any breach of this Agreement, acknowledging that this waiver is made knowingly and with full understanding of its implications.
Voluntary waiver clause with waiver of rights under dispute resolution
This version applies to dispute resolution rights.
The Parties voluntarily waive their rights to pursue any legal action in court regarding disputes covered by the dispute resolution clause in this Agreement and agree to resolve such disputes through mediation or arbitration, as set forth in Section [X].
Voluntary waiver clause with waiver of rights to appeal
This version waives the right to appeal.
The Parties voluntarily waive their right to appeal any final decision rendered in connection with disputes resolved under this Agreement, acknowledging that this waiver is binding and irrevocable.
Voluntary waiver clause with waiver of fiduciary duty claims
This clause applies to fiduciary duty claims.
The Parties agree to waive any claims for breach of fiduciary duty under this Agreement, understanding that this waiver is voluntary and that all other rights under the Agreement remain intact.
Voluntary waiver clause with specific exceptions to waiver
This version includes exceptions to the waiver.
The waiver of rights under this Agreement shall not apply to [specific exceptions], and each Party retains the right to enforce these specific exceptions even after waiving other rights under the Agreement.
Voluntary waiver clause with waiver of statutory claims
This clause specifically addresses statutory claims.
The Parties agree to voluntarily waive any statutory claims, including those under [specific statute or law], recognizing that this waiver is executed knowingly and with full understanding of its scope.
Voluntary waiver clause with limitation on scope of waiver
This version clarifies the scope of the waiver.
The Parties agree that any waiver granted under this Agreement shall only apply to the specific rights or claims expressly waived and shall not extend to any other rights or claims not explicitly stated.
Voluntary waiver clause with waiver of personal liability
This version waives personal liability for certain actions.
The Parties waive any personal liability arising from actions taken in the performance of this Agreement, with the understanding that this waiver applies only to actions taken within the scope of their duties as outlined herein.
Voluntary waiver clause with waiver of punitive damages
This clause waives punitive damages claims.
The Parties agree to waive any claims for punitive or exemplary damages arising under this Agreement, recognizing that this waiver is voluntary and will not affect claims for actual damages.
Voluntary waiver clause with waiver of breach of contract claims
This version applies to breach of contract claims.
The Parties voluntarily waive any claims for breach of contract, except where such breach results in a material and irrevocable impact on the Agreement's core obligations or the Parties' rights.
Voluntary waiver clause with waiver of delay claims
This clause waives claims related to delays.
The Parties agree to waive any claims for delays in the performance of obligations under this Agreement, acknowledging that such delays may occur due to unforeseen circumstances.
Voluntary waiver clause with waiver of statutory rights
This version waives statutory rights in specific contexts.
The Parties acknowledge that certain statutory rights may apply but voluntarily waive those rights in relation to [specific provision] of this Agreement, recognizing that this waiver is made voluntarily.
Voluntary waiver clause with express waiver of certain defenses
This clause provides an express waiver of specific defenses.
The Parties expressly waive the right to assert any defense to the enforcement of this Agreement that is based on [specific defense], acknowledging that this waiver is made knowingly and voluntarily.
Voluntary waiver clause with waiver of claims arising from future modifications
This version includes a waiver of claims arising from modifications.
The Parties agree to waive any future claims arising from modifications or amendments to this Agreement that are mutually agreed upon, except for claims related to fraud or misconduct.
Voluntary waiver clause with waiver of claims under specific laws
This clause addresses specific laws being waived.
The Parties agree to waive any claims under [specific law or regulation], recognizing that this waiver does not affect any rights granted by other applicable laws or regulations.
Voluntary waiver clause with right to revoke waiver within a period
This version allows for revocation of a waiver within a set period.
The Parties acknowledge that any waiver granted under this Agreement may be revoked within [X] days of the waiver being granted, provided that written notice of such revocation is given to the other Party.
Voluntary waiver clause with waiver of certain contractual obligations
This clause allows the waiver of specific contractual obligations.
The Parties agree to waive the specific obligations outlined in Section [X] of this Agreement, with the understanding that this waiver does not affect the enforceability of the remaining obligations.
Voluntary waiver clause with no waiver of indemnification rights
This version excludes indemnification rights from the waiver.
Nothing in this Agreement shall be construed as a waiver of the indemnification rights granted under Section [X], and the Parties agree that indemnification claims are excluded from any waiver granted under this Agreement.
Voluntary waiver clause with waiver of rights in case of force majeure
This version addresses waiver in the event of force majeure.
The Parties agree to waive any claims or rights arising from delays or failure to perform obligations caused by force majeure events, including natural disasters or governmental actions, during the term of this Agreement.
Voluntary waiver clause with waiver of claims related to performance metrics
This version waives claims regarding performance metrics.
The Parties agree to waive any claims based on the performance metrics outlined in Section [X], acknowledging that such performance is subject to factors beyond their control and that the waiver is voluntary.
Voluntary waiver clause with no waiver of insurance claims
This clause excludes insurance claims from the waiver.
The waiver granted under this Agreement shall not apply to any claims for insurance coverage, and both Parties retain the right to pursue any applicable insurance claims despite this waiver.
Voluntary waiver clause with waiver of claims for previous conduct
This version limits the waiver to future conduct.
The Parties agree to waive any claims arising from conduct that occurred prior to the effective date of this Agreement, but retain the right to pursue claims for any future conduct that violates the terms of this Agreement.
Voluntary waiver clause with waiver of liability for specific acts
This clause waives liability for specific actions.
The Parties agree to waive liability for any loss, damage, or injury arising from actions or omissions that are explicitly addressed and permitted under this Agreement, provided these actions are not in violation of applicable law.
Voluntary waiver clause with waiver of claims arising from negotiation errors
This version applies to negotiation-related claims.
The Parties agree to waive any claims related to errors or omissions that occurred during the negotiation process of this Agreement, acknowledging that both Parties had the opportunity to review and amend the terms before execution.
Voluntary waiver clause with waiver of damages for non-performance
This version addresses non-performance claims.
The Parties voluntarily waive any claims for damages arising from non-performance under this Agreement, provided such non-performance is not due to willful misconduct or gross negligence.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.