Acknowledgement, Waiver And Release Agreement: Fill & Download for Free

Assuming this is involves an employee / contractor leaving a U.S. company, and no special circumstances:Date separation is effectiveDate agreement is effectiveStatement whether it is voluntary, resignation, mutual agreement, termination, etc.Exactly what the company agrees to pay the person in all forms, and when: pay, benefits, expense reimbursements, severance payment, and so on — and whether it has been paid yet. If payment is left to the future, an acknowledgement / receipt / proof of payment.From the company’s side, an indication that there is a payment in settlement and not just a payment of sums acknowledged to be owed, so that there is consideration for any post-employment obligations of the former team memberExactly what will happen to any stock, vested and unvested, stock options, RSUs, and so on, what transfer restricitons will apply, and whether these are covered by the separation agreement or the default stock termsIf there is any question of ownership (intellectual property, computers, furniture, business opportunities, client relationships, etc), spell it outIf any stock or property changes hands, assignment agreements / instruments, ideally standing on their own so they can be shown to third parties without showing the entire severance agreementGeneral, mutual release of all claims, known and unknown. Magic language, e.g. California Section 1542 waiver. Specific release, disavowal, covenant not to bring claims, etc., of hot issues: harassment, discrimination, ADA, workplace injury, and so on.Considering that everything is released, a statement of what the properties owe each other going forward: confidentiality, noncompetition, nondisparagement, references, listing on resume, how to describe severance. Statement of premise / representations and warranties / recitals if any made by either party as a matter of settlement, so that if one of the parties was hiding something the other has a recourse. State whether these are new obligations as part of the separation agreement, or an affirmation that certain terms from before (e.g. intellectual property assignment) will continue despite severance / release.List of any other claims or circumstances not released, or kept to a future date (e.g. residual sales commissions). Best keep these to a minimum.Handling of disputes: venue, jurisdiction, choice of law, any special rules about damages, claims, injunctive rights, notice and cureAnything to deal with special issues regarding the job, company, etc. (e.g. medical records, law firm clients, law enforcement issues, national defense secrets, work visas)

It’s entertainment. But he’s already had lawsuits that failed, so he’s got enough experience to know where to draw the line. And he’s got good lawyers. The fact is, he knows how to cover himself well, and he knows where to draw the line.Compare it to how the late night and tv show hosts who target politicians and celebrities in the news are able to get away with it during weekly standup routines.And here’s a big one - part of the waiver these people signed "the Participant acknowledges that in entering into [the Agreement], the Participant is not relying upon any promises or statements made by anyone about the nature of the Film or the identity of any other Participants or persons involved in the Film."The short answer is that Cohen's "victims" face an uphill battle. Most of the lawsuits spawned by Borat and Bruno a decade ago were thrown out in their infancy. This is due in part to clever lawyering by Cohen's attorneys, and in part due to longstanding legal doctrines protecting free speech and expression. The failed lawsuits against Cohen and his collaborators illustrate why.The first legal obstacle that tripped up Cohen's interviewees was their own signatures. Before filming, most of the plaintiffs signed legal releases entitled "Standard Consent Agreement" or something similar. In those contracts, the interviewee agreed that he or she "waives, and agrees not to bring at any time in the future, any claims against the Producer … or anyone associated with the Film, that include assertions of" every conceivable cause of action that Cohen's attorneys could come up with. So when the litigants sued Cohen and his cohorts, they were immediately confronted with the fact that they had agreed in writing not to do so.Do Sacha Baron Cohen's Targets Have a Shot at Winning a Lawsuit? (Guest Column)

Original Question: What medical conditions prevent you from being drafted into the US military during war and is pyloric stenosis one of them?Answer: Many medical conditions will prevent a person from being “drafted,” (or “inducted” using the legal language of Chapter 49 of Title 50 of the US Code) while other medical conditions will require additional medical workups to determine whether a medical waiver is appropriate or not. If a medical waiver is not granted, a medical delay, deferment, or exemption will be granted, based on the specifics of the situation, and the manpower codes used to classify and categorize applicants and inductees at that time.(Throughout this Answer, all occurrences of the words “draft” or “induction,” or their derivatives, will be highlighted by bold and italics to draw attention to their use, in context, although the highlighting was not present in the original quotations.)WHAT SPECIFIC MANUAL PROVIDES GUIDANCE ON POTENTIALLY DISQUALIFYING MEDICAL CONDITIONS?The US military has extensive medical procedures to identify, examine, and adjudicate any medical conditions prior to enlistment, appointment, or induction into the armed forces. (Virtually identical standards are used to qualify applicants for the commissioned corps of the US Public Health Service[1]and NOAA,[2]as Uniformed Services, as all such commissioned officers are liable to be assigned to military duties during a time of national emergency or wartime and must be medically prepared similarly to commissioned officers of the armed forces.)See the primary Manual used by the DoD and USCG for reviewing medical conditions prior to military service: DOD INSTRUCTION 6130.03, MEDICAL STANDARDS FOR APPOINTMENT, ENLISTMENT, OR INDUCTION INTO THE MILITARY SERVICES, 6 May 2018:[3]Purpose: This issuance, in accordance with the authority in DoD Directive 5124.02, establishes policy, assigns responsibilities, and prescribes procedures for physical and medical standards for appointment, enlistment, or induction into the Military Services…WHAT IS AN “INDUCTEE”?For purposes of this Answer, and the way DoD manages the medical standards for entry-level applicants, there is no practical different between the medical standards for enlisted applicants, officer applicants, or inductees…i.e., “draftees” or someone who voluntarily enlisted under the same conditions as a draftee, see page 47 of the DoDI 6130.03:induction. Transition from civilian to military status for a period of definite military obligation under Chapter 49 of Title 50, U.S.C. also known as the “Military Selective Service Act.”TO WHOM DOES DODI 6130.03 APPLY?The provisions of DoDI 6130.03 are equally applicable to all applicants for:Regular and Reserve Components of the US Armed Forces, including federally-recognized units and individuals of the Army and Air National Guard of the United States,Army,[4]Marines,[5]Navy,[6]Air Force,[7]Coast Guard (even when acting as a Service in the Department of Homeland Security, by mutual agreement between DOD and DHS, the USCG uses the standards of DoDI 6130.03).[8]The Service Academies (Army, Navy, Air Force, Coast Guard, including the US Merchant Marine Academy).All Senior ROTC scholarships, and any commissioned or warrant officer personnel procurement programs.Members of the Temporary Disability Retired List who are found fit for return to duty during reevaluation, and wish to return to their former active or reserve status rather than be retired for longevity (in certain cases), or discharged in lieu of return to duty.All individuals being inducted into the military services.DOD POLICY FOR USE OF DODI 6130.03The DoD (and USCG) policy on medical standards is to:a. Use the guidance in this issuance for appointment, enlistment, or induction of personnel into the Military Services.b. Use common medical standards for appointment, enlistment, or induction of personnel into the Military Services and eliminate inconsistencies and inequities in the DoD Components based on race, sex, or location of examination when applying these standards.c. Ensure that individuals considered for appointment, enlistment, or induction into the Military Services are:(1) Free of contagious diseases that may endanger the health of other personnel.(2) Free of medical conditions or physical defects that may reasonably be expected to require excessive time lost from duty for necessary treatment or hospitalization, or may result in separation from the Military Service for medical unfitness.(3) Medically capable of satisfactorily completing required training and initial period of contracted service.(4) Medically adaptable to the military environment without geographical area limitations.(5) Medically capable of performing duties without aggravating existing physical defects or medical conditions.d. Allow applicants who do not meet the physical and medical standards in this issuance to be considered for a medical waiver.PROCEDURES FOR USE OF DODI 6130.03 BY THE DOD AND USCGThe armed forces uniformly implement, to the greatest extent possible, the provisions of DoDI 6130.03.a. Applicants for appointment, enlistment, or induction into the Military Services will:(1) Fully disclose all medical history.(2) Submit all medical documentation related to medical history as requested to the USMEPCOM and DoD Medical Examination Review Board, including the names of their medical insurer and past medical providers.(3) Provide authorization for the DoD Components to request and obtain their medical records.(a) Authorize the DoD to request medical or behavioral health data holders (e.g. healthcare providers, clinics, hospitals, insurance companies, pharmacy benefit managers, pharmacies, health information exchanges, and federal and State agencies) release complete transcripts of health data to the DoD medical authority for the processing of their application for military service.(b) Authorize holders of their health data to report to the DoD whether any data they hold or have held about them has been amended or restricted.(4) Acknowledge that information provided constitutes an official statement, and that any persons making false statements could face fines, penalties, and imprisonments pursuant to Section 1001 of Title 18, U.S.C. If the applicant is selected for enlistment, commission, or entrance into a commissioning program based on a false statement, the applicant can be tried by court-martial or meet an administrative board for discharge and could receive a less than honorable discharge.b. The USMEPCOM and DoD Medical Examination Review Board will:(1) Render medical qualification decisions by using standard medical terminology to describe a medical condition, rather than International Classification of Disease codes.(2) Use coding to document personnel actions in order to collect information to enable research, analyses, and support for evidence-based medical standards.c. The DoD Components:(1) May initiate and request a medical waiver. Each DoD Component’s waiver authority for medical conditions will make a determination based on all available information regarding the issue or condition, as well as the specific needs of the Military Service.(2) Will specify any medical condition which causes a personnel action, such as separation, medical waiver, or assignment limitation, by utilizing standard medical terminology, the International Classification of Diseases, Current Procedural Terminology, or the Healthcare Common Procedure Coding System for data collection and analysis in support of evidence based standards.AN EXAMPLE OF THE USE OF DODI 6130.03 WHEN DETERMINING THE MEDICAL QUALIFICATIONS OF AN APPLICANT (WHETHER ENLISTMENT, COMMISSIONING/WARRANTING, OR INDUCTION)The OP asked about a specific medical condition, “pyloric stenosis,” and whether that would be disqualifying for a draft situation.As we have noted now, the same basic procedures apply equally to all applicants and inductees, whether voluntary or involuntary.Firstly, we first go to “SECTION 5: DISQUALIFYING CONDITIONS,” found beginning on page 11 of the Instruction:5.1. MEDICAL STANDARDS. Unless otherwise stipulated, the conditions listed in this section are those that do not meet the standard by virtue of current diagnosis, or for which the candidate has a verified past medical history. The medical standards for appointment, enlistment, or induction into the Military Services are classified into general systems in Paragraphs 5.2. through 5.30.Secondly, we must know in which “general system” the condition pyloric stenosis is likely to be found. Quick research online tells us:[9]Pyloric StenosisPyloric stenosis is a problem that affects babies between birth and 6 months of age and causes forceful vomiting that can lead to dehydration. It is the second most common problem requiring surgery in newborns.Thirdly, we learned that pyloric stenosis affects the way food is moved from the stomach to the large intestine, which makes this primarily a condition found under general system “5.12. ABDOMINAL ORGANS AND GASTROINTESTINAL SYSTEM” and specifically under:“b. Stomach and Duodenum”:(1) Current dyspepsia, gastritis, or duodenitis despite medication (over the counter or prescription).… (and)(4) History of gastroparesis of greater than 6 week’s duration, confirmed by scintigraphy or equivalent test.“c. Small and Large Intestine“(3) History of intestinal malabsorption syndromes, including but not limited to celiac sprue, pancreatic insufficiency, post-surgical and idiopathic.… (and)(5) History of gastrointestinal functional or motility disorders including but not limited to volvulus within the past 24 months, or any history of pseudo-obstruction or megacolon.Fourthly, other general systems might have relevant standards, as well, that will need to be reviewed by proper authorities before a decision is made, under general system “5.10. LUNGS, CHEST WALL, PLEURA, AND MEDIASTINUM”:a. Any abnormal findings on imaging or other examination of body structure, such as the lungs, diaphragm, or other thoracic or abdominal organs, unless the findings have been evaluated and further surveillance or treatment is not required.or…The “catch-all” provisions of: “5.30. MISCELLANEOUS CONDITIONS,“ especially:i. History of any condition that may reasonably be expected to interfere with the successful performance of military duty or training or limit geographical assignment.Fifthly, we have seen that certain of the listed medical standards may have been relevant, and thus will require further medical review to determine if they are going to require any waiver of standards; these are only reflective of my educated guess, not that of a trained MEPS examiner, or those involved in the actual medical waiver process, because they jump out at me as being either directly or pretty close to the problem(s) caused by pyloric stenosis…and unless the standards specify otherwise, the listed conditions are effectively “during your life, have you ever had…”BOTTOM LINE: the medical condition “pyloric stenosis,” per se, is not listed in the DoDI 6130.03, as a disqualifying medical condition. However, by analogy, the condition is possibly disqualifying under any one, or all, of these paragraphs:5.12. ABDOMINAL ORGANS AND GASTROINTESTINAL SYSTEM”“b. Stomach and Duodenum”:(1) Current dyspepsia, gastritis, or duodenitis despite medication (over the counter or prescription).(4) History of gastroparesis of greater than 6 week’s duration, confirmed by scintigraphy or equivalent test.“c. Small and Large Intestine“(3) History of intestinal malabsorption syndromes, including but not limited to celiac sprue, pancreatic insufficiency, post-surgical and idiopathic.(5) History of gastrointestinal functional or motility disorders including but not limited to volvulus within the past 24 months, or any history of pseudo-obstruction or megacolon.5.10. LUNGS, CHEST WALL, PLEURA, AND MEDIASTINUMa. Any abnormal findings on imaging or other examination of body structure, such as the lungs, diaphragm, or other thoracic or abdominal organs, unless the findings have been evaluated and further surveillance or treatment is not required.5.30. MISCELLANEOUS CONDITIONSi. History of any condition that may reasonably be expected to interfere with the successful performance of military duty or training or limit geographical assignment.That is a total of 6 potential areas of disqualification for a person having been diagnosed at any time in their lifetime (presumably as an infant…but who knows…) with the medical condition known as “pyloric stenosis.”All applicants and inductees must provide a complete medical history, which includes infancy and childhood diseases, accidents, etc. Those medical conditions that are either specifically listed in DoDI 6130.03, or can be included by analogy to those conditions that are listed, must be reviewed and decisions made to do further reviews, testing, workups, and consults, or provide waivers at a low level. Or, push the decision up the chain to the appropriate level (which could be the Service HQ for more serious cases) decision for waivers.Once a Service has made a waiver, or denied a waiver to the existing disqualifying condition, that is the appeal process, i.e., a waiver request is an appeal to an existing disqualifying condition. If the waiver is denied, there is no further due process; the applicant is simply denied and the reason is given to the applicant.However…a denial of a waiver to a disqualifying condition is only binding on that Service (although the USN and USMC essentially use similar processes, each Service has slightly different views of waivers and the authority to grant waivers at their own Service HQ). This means that, in theory, an applicant could end up applying to all 5 armed forces, and go through all 5 separate waiver processes, and could possibly get 5 different answers. Although, the Services share information about applicants, so they don’t have to reinvent the wheel each time, once they know that an applicant already applied for a waiver and was either approved or denied by another Service; that Service’s decision is not binding, but is used for reference and has some weight.Good luck,Footnotes[1] https://dcp.psc.gov/ccmis/ccis/documents/CCI%20221.01.pdf[2] Eligibility Requirements[3] https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/613003p.pdf?ver=2018-05-04-113917-883 (https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/613003p.pdf?ver=2018-05-04-113917-883)[4] https://armypubs.army.mil/epubs/DR_pubs/DR_a/pdf/web/ARN8673_AR40_501_FINAL_WEB.pdf[5] https://www.med.navy.mil/directives/Documents/NAVMED%20P-117%20(MANMED)/Chapter%2015%20Medical%20Examinations%20(incorporates%20Changes%20126,%20135-138,%20140,%20145,%20150-152,%20154-156,%20160,%20164-167).pdf[6] https://www.med.navy.mil/directives/Documents/NAVMED%20P-117%20(MANMED)/Chapter%2015%20Medical%20Examinations%20(incorporates%20Changes%20126,%20135-138,%20140,%20145,%20150-152,%20154-156,%20160,%20164-167).pdf[7] https://static.e-publishing.af.mil/production/1/af_sg/publication/afi48-123/afi48-123.pdf[8] https://media.defense.gov/2018/Jul/05/2001939216/-1/-1/0/CIM_6000_1F.PDF[9] Pyloric Stenosis