General Release And Waiver Of Claims for the United Kingdom

General Release And Waiver Of Claims Template for England and Wales

A General Release and Waiver of Claims is a legally binding document under English and Welsh law where one party (the releasor) agrees to give up their rights to bring legal claims against another party (the releasee). This document provides comprehensive protection against future claims relating to specific incidents, transactions, or periods of time. It typically includes details of consideration provided, specific claims being released, and any exceptions to the release.

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General Release And Waiver Of Claims

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What is a General Release And Waiver Of Claims?

The General Release and Waiver of Claims is commonly used to resolve disputes and provide legal closure between parties under English and Welsh law. It's particularly valuable following settlements, employment terminations, or resolution of business disputes. This document should clearly identify all parties, specify the claims being released, detail any consideration being provided, and include any specific exclusions from the release. It's essential to ensure the document complies with current legislation and cannot inadvertently waive statutory rights that are legally protected.

What sections should be included in a General Release And Waiver Of Claims?

1. Parties: Identification of all parties involved in the release, including full legal names and addresses

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 the release

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

6. Non-admission of Liability: Statement that the release does not constitute admission of liability

7. Governing Law: Specification that English and Welsh law governs the agreement

What sections are optional to include in a General Release And Waiver Of Claims?

1. Confidentiality: Terms of confidentiality regarding the settlement - use when parties wish to keep the terms of settlement private

2. Non-disparagement: Mutual agreement not to make negative statements about other parties - use in high-profile or sensitive cases

3. Future Claims: Provisions regarding unknown future claims - use when there's risk of future related claims emerging

4. Tax Implications: Statement about tax responsibilities - use when settlement involves significant monetary compensation

What schedules should be included in a General Release And Waiver Of Claims?

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 payment structure when consideration is 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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Release Agreement

Cost

Free to use
Industries

Law of Contract: Fundamental principles governing contract formation, validity, and enforcement in England and Wales

Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, which may affect the scope of the release

Employment Rights Act 1996: Statutory employment rights that cannot be waived, including unfair dismissal and redundancy rights

Equality Act 2010: Anti-discrimination legislation that provides certain rights that cannot be waived or released

Consumer Rights Act 2015: Legislation protecting consumer rights, particularly relevant if the release involves a business-consumer relationship

Health and Safety at Work Act 1974: Statutory rights relating to workplace safety that cannot be waived or released

Limitation Act 1980: Legislation setting time limits for bringing different types of legal claims

Unfair Contract Terms Act 1977: Legislation regulating unfair terms in contracts, particularly relevant for exclusion clauses and releases

Data Protection Act 2018: UK's data protection legislation implementing GDPR, which may affect data-related aspects of the release

Doctrine of Consideration: Common law principle requiring that a contract must be supported by consideration to be legally binding

Capacity to Contract: Legal principle determining whether parties have the legal ability to enter into binding contracts

Duress and Undue Influence: Common law principles that can invalidate a release if it was obtained through pressure or improper influence

Misrepresentation: Legal principle concerning false statements that induce contract formation, which cannot typically be excluded from liability

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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