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Deed Of Waiver And Release Template for England and Wales

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Key Requirements PROMPT example:

Deed Of Waiver And Release

"I need a Deed of Waiver and Release for my software company to settle an ongoing dispute with a former contractor regarding intellectual property rights, ensuring all future claims are waived and including specific confidentiality provisions."

Document background
A Deed of Waiver and Release is commonly employed in England and Wales when parties wish to formally document the surrender of rights, claims, or obligations. This document type is particularly valuable in settlement situations, corporate transactions, or when modifying existing contractual relationships. It offers enhanced enforceability compared to simple contracts due to its status as a deed, requiring specific execution formalities but not requiring consideration. The deed typically includes detailed descriptions of the rights being waived, any conditions attached to the waiver, and relevant warranties or representations.
Suggested Sections

1. Parties: Identification of all parties to the deed

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

3. Definitions: Key terms used throughout the deed

4. Waiver: Specific rights, claims, or obligations being waived

5. Release: Release of claims and liabilities

6. Consideration: Value exchanged for the waiver and release

7. Execution: Formal execution provisions including attestation

Optional Sections

1. Confidentiality: Confidentiality obligations regarding the waiver and related information

2. Non-admission of Liability: Statement that the waiver does not constitute admission of liability by any party

3. Continuing Obligations: Specification of obligations that survive the waiver

4. Third Party Rights: Rights of third parties under the deed and their enforcement

Suggested Schedules

1. Schedule of Waived Claims: Detailed list of specific claims being waived

2. Schedule of Related Agreements: List of agreements affected by the waiver

3. Schedule of Excluded Claims: List of claims specifically excluded from the waiver

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Law of Property Act 1925: Core legislation governing property law in England and Wales, setting out requirements for deeds, formalities for execution, and property rights implications

Law of Property (Miscellaneous Provisions) Act 1989: Specifies requirements for deeds under Section 1, including execution formalities and witnessing requirements

Limitation Act 1980: Establishes time limits for different types of claims and affects how waivers interact with limitation periods

Contract Law principles: Common law principles governing contracts including consideration, capacity to contract, and intention to create legal relations

Unfair Contract Terms Act 1977: Regulates reasonableness of exclusions and places limitations on liability waivers

Consumer Rights Act 2015: Sets requirements for fairness and transparency in consumer contracts, relevant if the waiver involves consumers

Companies Act 2006: Governs execution requirements for companies and authority to execute, relevant when corporate parties are involved

Human Rights Act 1998: Ensures waivers do not violate fundamental human rights protected under UK law

Data Protection Act 2018: Addresses data protection and privacy considerations when personal data is involved in the waiver

Statute of Frauds 1677: Historical legislation requiring certain types of contracts to be in writing to be enforceable

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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