Termination Waiver Agreement for Singapore

Termination Waiver Agreement Template for Singapore

A Termination Waiver Agreement under Singapore law is a legal document that formalizes the mutual agreement between parties to waive certain rights, claims, or obligations arising from the termination of an existing contract or relationship. Governed by Singapore contract law principles, it typically includes provisions for release of claims, consideration, and ongoing obligations. The agreement must comply with Singapore's strict contractual requirements and may need to address specific statutory obligations under relevant legislation such as the Employment Act or Companies Act.

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What is a Termination Waiver Agreement?

A Termination Waiver Agreement is typically used when parties wish to formally document their agreement to waive certain rights or claims following the termination of a contract or relationship. Under Singapore law, this document serves as a legally binding record of the parties' intentions and includes specific details about the rights being waived, any consideration provided, and any surviving obligations. The agreement is particularly important in employment, commercial, and corporate contexts where clear documentation of the termination terms and mutual releases is essential for risk management and legal certainty.

What sections should be included in a Termination Waiver Agreement?

1. Parties: Identification of all parties to the agreement

2. Background: Context of the termination and original agreement details

3. Definitions: Key terms used tHRoughout the agreement

4. Waiver Terms: Specific rights being waived and scope of waiver

5. Consideration: Value exchanged for the waiver

6. Release Provisions: Mutual releases from claims and liabilities

7. Governing Law: Confirmation of Singapore law as governing law

8. Execution: Signature blocks and execution requirements

What sections are optional to include in a Termination Waiver Agreement?

1. Confidentiality: Terms regarding confidentiality of the waiver agreement and any sensitive information exchanged

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

3. Survival Clauses: Provisions specifying which obligations continue after termination

4. Return of Property: Requirements for returning company property or confidential information

What schedules should be included in a Termination Waiver Agreement?

1. Original Agreement: Copy of the agreement being terminated

2. Payment Schedule: Details of any termination payments or consideration

3. List of Waived Claims: Specific enumeration of claims being waived

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

Singapore

Publisher

Genie AI

Cost

Free to use
Industries

Singapore Contract Law: Common law principles governing formation and enforcement of contracts in Singapore, including offer, acceptance, consideration, and intention to create legal relations

Contracts (Rights of Third Parties) Act 2001: Legislation governing how third parties may enforce terms of a contract in Singapore, relevant if the waiver affects third party rights

Unfair Contract Terms Act (Cap. 396): Law regulating unfair terms in contracts, ensuring the waiver terms are not unreasonably onerous or unfair

Employment Act (Cap. 91): Main employment law in Singapore that may be relevant if the termination waiver relates to employment relationships

Employment Claims Act 2016: Law governing resolution of employment disputes and claims, relevant for employment-related waivers

Retirement and Re-employment Act: Legislation concerning retirement age and re-employment obligations, relevant if waiver involves retiring employees

Industrial Relations Act: Law governing employee-employer relationships and union matters, important for collective agreements or union-related waivers

Companies Act (Cap. 50): Primary legislation governing companies in Singapore, relevant if the waiver involves corporate entities

Civil Law Act (Cap. 43): General civil law principles applicable to contracts and civil matters in Singapore

Limitation Act (Cap. 163): Law specifying time limits for various types of legal claims, relevant for understanding temporal scope of waivers

Common Law Waiver Principles: Legal principles developed tHRough case law regarding waiver and estoppel, essential for validity of waiver agreements

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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