Waive

Enforceability

• In some jurisdictions, one may not prospectively waive liability for some or all intentional activities
• Waivers generally must be made voluntarily and with the full knowledge (or the ability to know) of the right being waived
• The waiver should be unambiguous and clear to a reasonable person
• In some jurisdictions (not including the United States), it may be necessary that the parties to the waiver have equal bargaining power
• A waiver may have limited application where one contracts for an "essential service" such that it may violate public policy for liability to be waived
• A waiver that the courts will not enforce because the purpose of the agreement is to achieve an illegal end constitutes an illegal agreement.