Waiver And Release

Waiver And Release Template for Nigeria

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Key Requirements PROMPT example:

"I need a Waiver and Release agreement for my Lagos-based adventure sports company, protecting us from liability when customers participate in our rock climbing activities starting January 2025, with specific focus on equipment usage and physical injury risks."

Document background

The Waiver and Release agreement is a critical legal instrument used in Nigerian business and personal contexts when one party wishes to relinquish certain legal rights against another party. This document type is commonly employed in various situations, including settlement of disputes, participation in high-risk activities, employment terminations, or conclusion of business relationships. Under Nigerian law, the agreement must carefully balance the rights of both parties while ensuring compliance with local legal requirements, including the Contract Act, Consumer Protection Council Act, and relevant common law principles. The document typically includes detailed provisions about the rights being waived, consideration provided, and necessary declarations to ensure enforceability. Special attention is paid to Nigerian legal requirements regarding witness signatures, consideration, and capacity to contract.

Suggested Sections

1. Parties: Identification of all parties to the agreement, including full legal names, addresses, and any relevant registration numbers for corporate entities

2. Background: Context of the waiver and release, including relevant events, circumstances, or relationships that led to this agreement

3. Definitions: Clear definitions of key terms used throughout the document, including the scope of what is being waived or released

4. Waiver and Release: The core provision detailing exactly what rights, claims, or actions are being waived and released

5. Consideration: Clear statement of what is being given in exchange for the waiver and release

6. Representations and Warranties: Statements by the releasing party confirming their understanding, authority, and capacity to enter into the agreement

7. Acknowledgments: Explicit acknowledgments by the releasing party of their understanding of the rights being waived and the effect of the release

8. Governing Law: Specification that Nigerian law governs the agreement and its interpretation

9. Execution: Signature blocks and execution requirements, including witness provisions

Optional Sections

1. Confidentiality: Optional section for when the parties wish to keep the existence or terms of the waiver confidential

2. Future Claims: Additional provisions specifically addressing whether future or unknown claims are included in the release

3. Non-Disparagement: Optional clause preventing parties from making negative statements about each other

4. Return of Property: Required when the release involves the return or handling of specific property or documents

5. Severability: Optional clause ensuring that if any part of the agreement is found invalid, the rest remains enforceable

6. Language Confirmation: Required when any party is not fluent in English, confirming the agreement has been explained in their preferred language

7. Insurance Rights: Optional section preserving or addressing insurance rights and claims

8. Third Party Rights: Optional section addressing whether third parties are affected by or can enforce the release

Suggested Schedules

1. Schedule of Released Claims: Detailed list of specific claims, rights, or actions being waived or released

2. Schedule of Excluded Claims: List of any specific claims or rights that are not being waived or released

3. Schedule of Consideration: Detailed description of any payment or other consideration being provided

4. Certificate of Independent Legal Advice: Confirmation that the releasing party has received independent legal advice

5. Witness Attestation: Required attestation form for witnesses to the agreement

Authors

Alex Denne

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

alex.den.21@genieai.co

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Project Manager

Safety Officer

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Chief Legal Officer

Employee Relations Manager

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Authors

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