Release And Waiver Of Claims Template for England and Wales

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Key Requirements PROMPT example:

Release And Waiver Of Claims

"I need a Release and Waiver of Claims to settle an employment dispute with a former employee who left our company in January 2025, including confidentiality provisions and a settlement payment of £50,000."

Document background
A Release and Waiver of Claims is commonly used in England and Wales to formally conclude disputes or potential claims between parties. This document is essential when parties wish to achieve final settlement of matters and prevent future litigation. It's particularly valuable following settlements, accidents, employment terminations, or contract disputes. The document typically includes detailed descriptions of released claims, consideration provided, and any excluded claims. It must be carefully drafted to ensure compliance with English and Welsh law, including considerations of reasonableness under the Unfair Contract Terms Act 1977 and related legislation.
Suggested Sections

1. Parties: Identification of releasing and released parties

2. Background: Context of the dispute or circumstances leading to the release

3. Definitions: Key terms used throughout the document

4. Release Provisions: Specific claims being released and scope of release

5. Consideration: Details of payment or other consideration for the release

6. Representations and Warranties: Statements about authority to enter into agreement and understanding of terms

Optional Sections

1. Confidentiality: Provisions governing the confidentiality of the release terms and related information

2. Non-disparagement: Provisions preventing parties from making negative statements about each other

3. Future Cooperation: Terms outlining obligations for future assistance or testimony if required

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims being released

2. Schedule of Excluded Claims: List of claims specifically excluded from the release

3. Payment Schedule: Details of consideration payment structure if to be paid in installments

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
Relevant Teams
Relevant Roles
Industries

Unfair Contract Terms Act 1977: Key legislation governing limitations on excluding or limiting liability, including reasonableness test for exclusion clauses and special provisions for consumer contracts

Consumer Rights Act 2015: Legislation specifically addressing consumer contracts, including fairness requirements and transparency obligations in waivers involving consumers

Limitation Act 1980: Defines statutory time limits for bringing claims and establishes which rights can and cannot be waived

Contracts (Rights of Third Parties) Act 1999: Governs effects on third party rights and their ability to enforce the release

Doctrine of Consideration: Common law principle requiring valid consideration for the release, including deed requirements if no consideration is present

Capacity to Contract: Common law principle covering mental capacity and authority requirements to enter into a valid release

Vitiating Factors: Common law principles concerning factors that can invalidate a contract, including duress, undue influence, and misrepresentation

Public Policy Considerations: Legal principles determining which rights cannot be waived (such as personal injury) and restrictions on contracting out of certain obligations

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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