Waiver Of Liability, Indemnity Agreement, And: Fill & Download for Free

Welcome to Earth. Please sign the following release and waiver of liability and indemnity form agreement.Humans are well known and documented to kill for the simplest reasons imaginable.Enjoy your stay :)

Unless you provide the candidate with something of value in exchange for the agreement, no. A legally binding contract requires an offer, an acceptance, and an exchange of consideration - without some form of consideration, the agreement would not be enforceable. Further, depending on the nature of the liability, the courts may not enforce an indemnity clause in this type of situation, even if there were adequate consideration. Courts in generally look down upon agreements in which an individual waives their right to sue - it's one of the fundamental legal rights that we have as citizens, and as such they're going to look at the totality of the circumstances to determine whether or not the waiver was reasonable in general.In short, this is one of the primary reasons that most employers do not provide feedback to candidates that they do not hire - the risk of liability is significant, and there aren't many safeguards that can be effectively put in place.As with any issue such as this, you should retain local counsel to advise you of the specific laws of your jurisdiction based on all of the facts of the situation, to determine whether you have any legal options.

Good answers so far. To add to that, just some background. A waiver is a type of contract; a contract is not just a piece of paper with some signatures on it, but a “meeting of the minds” between the contracting parties. In other words, to be valid, a contract has to represent an understanding by both sides of what is being undertaken.A waiver can take many forms — and a waiver is not the only kind of contract clause that can limit one or both of the parties’ liability to the other for certain breaches of the other terms of the contract. If you are at the contract-drafting, i.e. pre-signing phase, by all means you should consult with an actual, local lawyer to go over the specific language of your contract, and suggest possible revisions if the language proffered to you is not acceptable to the risk you are willing to undertake. A discussion of other forms of exculpatory agreements — such as, a covenant not to sue, an arbitration-only clause, an indemnity agreement, a limitation-of-scope agreement, or a responsibility-assigning agreement, is beyond the scope of this answer.Focusing on the specific question, a “waiver of all claims” is extremely broad. Assuming that’s really the way it is worded, the party who is victim of the other’s breach but who is held to have waived _all_ claims for that breach, may be able to argue that the entire contract is void for failure of consideration — he received literally nothing in return for whatever he put into the contract, since the other side cannot be held liable for any breach, no matter how egregious. Or, he could argue that such a waiver is unconscionably unfair, especially if it is written into a “contract of adhesion” prepared by one party (in this case, presumably the architect, or the standard AIA form contract prepared by a _group_ of architects with a natural bias toward protecting the interests of architects) on a “take-it-or-leave-it” basis, with terms not subject to negotiation. A waiver is more likely to be accepted as a “meeting of the minds” if the parties actually negotiated freely for that provision to be included or excluded from the contract (so, perhaps, if there is a “check box” on the form contract where the client has to formally “sign off” on that provision being included in the contract, it would more likely be upheld).Many states also have statutory provisions requiring limitation-of-liability clauses of various kinds, in certain kinds of contracts, to be written in a conspicuous manner, e.g. with ALL CAPITALS, or bold print, or italics, often specifying the minimum type size permissible, or requiring that such a clause be set out separately rather than buried in other gobbledegook.Finally, as others have noted, even when such a broadly worded waiver is upheld as valid by the courts, and is not stricken from the contract as outright unconscionable, in most US states it cannot be enforced to waive claims arising from gross negligence or intentional misconduct on the part of the breaching party.The bottom line upshot is that what you THINK it means isn’t always what a COURT would think it means, and so, if a matter is worthwhile enough to invest an hour or so of attorney time in finding out more, you should at least perform that minimal due diligence before abandoning all hope, if bad things happen AFTER you have signed the contract. There is not always a way around what you initially think its effects should be, but sometimes, there is.