Waiver Of Claims Agreement Template for New Zealand

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Key Requirements PROMPT example:

Waiver Of Claims Agreement

"I need a Waiver of Claims Agreement for an employee leaving our tech company on March 15, 2025, including confidentiality provisions and covering all employment-related claims in exchange for a severance payment."

Document background
The Waiver of Claims Agreement is a critical legal instrument used in New Zealand when parties seek to resolve disputes or potential claims without resorting to litigation. This document is commonly employed in various contexts, including employment separations, accident settlements (excluding ACC claims), commercial disputes, and corporate transactions. It provides a formal mechanism for one party to relinquish their right to pursue specific legal claims against another party, typically in exchange for some form of consideration. The agreement must be carefully drafted to ensure compliance with New Zealand law, particularly considering the limitations imposed by the ACC scheme, Consumer Guarantees Act, and Fair Trading Act. The Waiver of Claims Agreement serves as a preventive measure against future litigation while providing certainty and closure for all parties involved.
Suggested Sections

1. Parties: Identifies and defines all parties to the agreement, including their legal names, addresses, and any relevant registration numbers

2. Background: Sets out the context and circumstances leading to the waiver, including any relevant incidents, disputes, or relationships between the parties

3. Definitions: Defines key terms used throughout the agreement, particularly the scope of 'Claims' being waived

4. Waiver: The core provision where the releasing party waives their rights to specific claims against the released party

5. Scope of Waiver: Detailed description of exactly what claims are covered by the waiver and any specific exclusions

6. Acknowledgments: Statements by the releasing party acknowledging they understand their rights, have had opportunity for legal advice, and are entering the agreement voluntarily

7. Consideration: Details of any payment or other consideration being provided in exchange for the waiver

8. Release: Formal release of the other party from claims covered by the waiver

9. Non-Admission: Statement that the agreement does not constitute an admission of liability by any party

10. Governing Law: Specifies that New Zealand law governs the agreement

11. Execution: Signature blocks and execution requirements

Optional Sections

1. Confidentiality: Required when parties wish to keep the existence or terms of the waiver confidential

2. Future Claims: Optional section dealing with waiver of future claims, if legally permitted

3. Non-Disparagement: Used when parties wish to prevent negative statements about each other

4. Return of Property: Include when there is physical or intellectual property to be returned as part of the settlement

5. Cooperation: Used when ongoing cooperation between parties is required for implementing the waiver

6. Third Party Rights: Include when the waiver is intended to benefit third parties

7. Severability: Optional boilerplate to preserve the agreement if parts are found invalid

8. Entire Agreement: Used when this agreement is intended to supersede all previous agreements or understandings

Suggested Schedules

1. Schedule 1 - Specific Claims: Detailed list of specific claims, incidents, or matters being waived

2. Schedule 2 - Excluded Claims: List of claims specifically excluded from the waiver (e.g., ACC claims that cannot be waived)

3. Schedule 3 - Payment Details: If applicable, details of any settlement payment or consideration

4. Appendix A - Related Documents: Copies of any relevant documents referenced in the waiver

5. Appendix B - Independent Legal Advice Certificate: Certificates from legal advisors confirming independent advice was given

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 legal definitions
Relevant Industries

Construction

Manufacturing

Professional Services

Healthcare

Education

Sports and Recreation

Financial Services

Insurance

Real Estate

Retail

Technology

Transport and Logistics

Mining and Resources

Agriculture

Hospitality

Relevant Teams

Legal

Risk Management

Human Resources

Compliance

Executive Leadership

Operations

Insurance

Corporate Affairs

Finance

Administration

Relevant Roles

Legal Counsel

Risk Manager

Compliance Officer

Human Resources Director

Chief Executive Officer

Chief Financial Officer

Operations Manager

Contract Administrator

Claims Manager

Insurance Underwriter

Settlement Officer

Dispute Resolution Specialist

Corporate Secretary

General Manager

Project Manager

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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