waives

Waives is the third-person singular present tense of the verb waive, meaning to relinquish or surrender a known right, claim, or privilege. The noun form is waiver, referring to the act or instance of waiving. In everyday language, someone waives a fee, a requirement, or a claim; in legal contexts, waivers are used to limit liability, obtain consent, or excise a right from a contract.

In law, waivers can be express, such as in a written release, or implied by conduct. To be enforceable, waivers are typically intended to be voluntary, clear, and informed. Certain rights cannot be waived or may require specific formalities, and waivers that are unconscionable, illegal, or contrary to public policy are often invalid.

Common contexts include liability waivers for recreational activities, releases in contracts, and terms in consumer products where a user agrees to disclaimers. Courts assess the scope of a waiver by looking at language, context, and reasonable expectations. A waiver may be limited in scope, time-bound, or conditional.

Limitations and drafting tips: When creating or relying on a waiver, parties should ensure the language is clear about what rights are waived; avoid vague terms; specify scope, duration, and parties; consider jurisdictional rules; ensure capacity and voluntariness.