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Release And Waiver Of Claims Agreement

Release And Waiver Of Claims Agreement for Singapore

Release And Waiver Of Claims Agreement Template for Singapore

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Release And Waiver Of Claims Agreement

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What is a Release And Waiver Of Claims Agreement?

A Release and Waiver of Claims Agreement is commonly used in Singapore to formally settle disputes or potential claims between parties. This document is essential when parties wish to achieve final closure on actual or potential legal issues, typically following a dispute, accident, or completion of a business relationship. The agreement must conform to Singapore's legal framework, particularly the Civil Law Act and Unfair Contract Terms Act. It provides certainty to both parties by clearly defining which claims are being released and the consideration being provided in exchange. This type of agreement is particularly valuable in preventing future litigation and providing legal certainty for all parties involved.

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

1. Parties: Identifies all parties to the agreement with full legal names and addresses

2. Background: Explains context and circumstances leading to the release and waiver

3. Definitions: Defines key terms used throughout the agreement

4. Release Provisions: Details of claims being released and waived

5. Consideration: Specifies what is being given in exchange for the release

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

7. Governing Law: Specifies Singapore law as governing law

8. Execution: Signature blocks and execution requirements

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

1. Confidentiality: Used when parties wish to keep the terms of settlement confidential

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

3. Future Cooperation: Obligations for future cooperation between parties

4. Return of Property: Provisions for returning any property or documents

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

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 schedule

4. Related Agreements: Copies of any related agreements referenced in the main document

Authors

Alex Denne

Head of Growth (Open Source Law) @ ΊμΠΣΦ±²₯ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions




























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Industries

Civil Law Act (Cap. 43): Primary legislation governing contract law principles in Singapore, establishing the fundamental framework for contract formation, validity, and enforcement

Unfair Contract Terms Act (Cap. 396): Regulates unfair terms in contracts and limits the extent to which civil liability can be excluded or restricted, particularly relevant for waivers

Limitation Act (Cap. 163): Sets statutory time limits for bringing claims and affects how waivers interact with limitation periods

Consumer Protection (Fair Trading) Act: Protects consumer interests and regulates unfair practices in consumer transactions, which may affect the enforceability of waivers

Employment Act: If the waiver relates to employment matters, this Act governs employment relationships and certain rights that cannot be waived

Work Injury Compensation Act: Relevant for waivers involving workplace injuries, establishing certain non-waivable rights for workers

Personal Data Protection Act 2012: Governs the collection, use, and disclosure of personal data, which may be relevant if the waiver involves personal information

Capacity to Contract: Common law principle requiring parties to have legal capacity to enter into binding agreements

Valid Consideration: Legal principle requiring something of value to be exchanged for the waiver to be legally binding

Clear and Unambiguous Language: Legal requirement that waiver terms must be explicit and clearly understood by all parties

Duress and Undue Influence: Legal principles that can invalidate a waiver if it was obtained through pressure or improper influence

Public Policy Considerations: Legal principle that certain rights cannot be waived as matter of public policy

Reasonableness: Legal requirement that waiver terms must be reasonable and not excessively broad or unfair

Non-waivable Rights: Certain statutory rights that cannot be waived under Singapore law must be specifically carved out

Severability: Legal principle allowing invalid provisions to be severed while maintaining the validity of the remaining agreement

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, Β Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, Β Severance Pay, Governing Law, Entire Agreemen

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