Waiver Agreement Template for Switzerland

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Key Requirements PROMPT example:

Waiver Agreement

"I need a Swiss law Waiver Agreement for an employee leaving our tech company, who will receive a severance package in exchange for waiving all claims related to their employment, including IP rights and potential disputes, effective March 1, 2025."

Document background
The Waiver Agreement is a critical legal instrument used in various business and personal contexts under Swiss law. It serves to formally document the voluntary relinquishment of legal rights, claims, or privileges by one party in favor of another. This document type is commonly employed in settlement negotiations, employment terminations, corporate transactions, or risk management scenarios. The agreement must carefully balance the Swiss legal system's strong protection of individual rights with the freedom of contract principles. When drafting a Waiver Agreement, particular attention must be paid to Swiss federal and cantonal requirements, especially regarding the scope of waivable rights and the need for clear, unambiguous terms. The document typically includes specific details about the rights being waived, any compensation or consideration provided, and confirmations that the waiving party understands the implications of their decision.
Suggested Sections

1. Parties: Identification of all parties involved in the waiver agreement, including full legal names, addresses, and any registration numbers for legal entities

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

3. Definitions: Clear definitions of key terms used throughout the agreement, particularly defining the rights or claims being waived

4. Scope of Waiver: Detailed description of exactly which rights, claims, or actions are being waived, with specific temporal and substantive boundaries

5. Consideration: Description of what is being given in exchange for the waiver (if applicable), as consideration is important for validity under Swiss law

6. Representations and Warranties: Statements by the waiving party confirming their understanding of the waiver and capacity to enter into it

7. Severability: Provision ensuring that if any part of the waiver is found invalid, the rest remains enforceable

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

9. Entire Agreement: Confirmation that the document represents the complete agreement regarding the waived rights

10. Execution: Signature blocks and execution requirements under Swiss law

Optional Sections

1. Retained Rights: Section explicitly stating which rights are not being waived - used when there's a need to preserve specific rights within a broader waiver

2. Confidentiality: Include when the waiver relates to matters that should remain confidential or when the existence of the waiver itself should be kept private

3. Revocation Period: Used when applicable law or circumstances require a cooling-off period during which the waiver can be revoked

4. Third Party Rights: Include when the waiver affects rights of third parties or when third parties need to be explicitly excluded from benefiting from the waiver

5. Insurance and Indemnification: Relevant when the waiver relates to insurance claims or requires ongoing indemnification arrangements

6. Compliance with Laws: Include when the waiver touches upon regulated areas or requires specific compliance acknowledgments

7. Translation Clause: Required when the waiver is executed in multiple languages to establish which version prevails

Suggested Schedules

1. Schedule of Waived Claims: Detailed list of specific claims, rights, or actions being waived, particularly useful for complex waivers

2. Related Agreements: Copies or summaries of agreements referenced in the waiver that are relevant to understanding its scope

3. Corporate Authorizations: If any party is a legal entity, documentation proving authority to execute the waiver

4. Proof of Independent Legal Advice: Documentation confirming that parties received independent legal advice before signing, if required

5. Form of Notice: Template for any notices required under the waiver agreement

Authors

Alex Denne

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

Relevant Industries

Financial Services

Insurance

Manufacturing

Technology

Healthcare

Real Estate

Construction

Professional Services

Retail

Energy

Telecommunications

Education

Transportation

Entertainment

Sports

Relevant Teams

Legal

Human Resources

Compliance

Risk Management

Corporate Affairs

Operations

Business Development

Employee Relations

Claims

Dispute Resolution

Relevant Roles

Legal Counsel

Corporate Lawyer

HR Director

Risk Manager

Compliance Officer

Contract Manager

General Counsel

Chief Legal Officer

HR Business Partner

Employment Lawyer

Company Secretary

Legal Operations Manager

Claims Manager

Settlement Officer

Business Development Director

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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