Deed Of Waiver And Release Template for United States

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Key Requirements PROMPT example:

Deed Of Waiver And Release

"I need a Deed of Waiver and Release for settling an employment dispute with a former employee who is leaving our technology company on March 15, 2025, including confidentiality provisions and a mutual non-disparagement clause."

Document background
A Deed of Waiver and Release is commonly utilized in situations where parties seek to definitively resolve disputes or potential claims with maximum legal certainty. This document type is particularly relevant in the United States legal system, where it serves as a more formal and robust alternative to standard release agreements. The deed format provides additional legal protection and enforceability, making it particularly suitable for high-stakes situations or where significant rights are being waived. It typically includes detailed provisions about the scope of the release, representations and warranties, and may cover both known and unknown claims.
Suggested Sections

1. Parties: Identification of all parties involved in the waiver and release

2. Background/Recitals: Context and circumstances leading to the waiver and release

3. Definitions: Key terms used throughout the document

4. Scope of Release: Detailed description of what rights, claims, or obligations are being waived

5. Consideration: What is being given in exchange for the waiver and release

6. Representations and Warranties: Statements of fact and promises made by the releasing party

7. Execution: Signature blocks and execution requirements

Optional Sections

1. Non-Admission of Liability: Statement that the release does not constitute admission of wrongdoing (used in dispute settlements)

2. Confidentiality: Terms regarding confidentiality of the agreement (used when parties want to keep terms private)

3. Non-Disparagement: Agreement not to make negative statements about other parties (used in employment or business relationship terminations)

4. Future Claims: Provisions regarding waiver of unknown future claims (used when comprehensive release is desired)

5. Governing Law: Choice of law and jurisdiction (used when parties are in different jurisdictions)

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: If consideration involves payments, details of payment terms and installments

4. Related Agreements: List of other agreements affected by or related to the release

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

Industries

State Contract Laws: Individual state laws governing contract formation, enforcement, and interpretation that vary by jurisdiction

Deed Execution Requirements: State-specific requirements for proper execution of deeds, including witnessing and notarization standards

Statutes of Limitations: State-specific time limits within which legal actions must be commenced

ADEA Compliance: Age Discrimination in Employment Act requirements if the waiver relates to employment matters

FLSA Compliance: Fair Labor Standards Act considerations for any wage-related waivers

Title VII Compliance: Civil Rights Act Title VII requirements for employment-related waivers involving discrimination claims

ADA Compliance: Americans with Disabilities Act considerations for disability-related waivers

Doctrine of Consideration: Legal principle requiring exchange of value for the waiver to be valid

Capacity Requirements: Legal requirements ensuring all parties have the mental and legal capacity to enter into the agreement

Unconscionability Review: Assessment of whether the waiver terms are grossly unfair or one-sided

Duress Considerations: Evaluation of whether the waiver was obtained through improper pressure or coercion

Known vs Unknown Claims: Specification of whether the waiver covers both known and unknown claims

Third-Party Rights: Consideration of how the waiver affects the rights of third parties not directly party to the agreement

Severability Provisions: Requirements for provisions that maintain partial validity if other parts are found unenforceable

Statute of Frauds: Legal requirement that certain types of contracts must be in writing to be enforceable

Recording Requirements: Any applicable requirements for recording the deed with local government offices

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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