What is a contractual waiver?

A contractual waiver is a provision in a contract that gives up some rights that would otherwise exist without the waiver. It can be thought of as an agreement between two parties where one party agrees to give up certain rights or claims they would otherwise have. In Texas, these waivers are often used to prevent a party from bringing a lawsuit or exercising their right to demand performance from the other party. A contractual waiver can be very specific, such as waiving the right to sue for medical malpractice, or can be more general, such as waiving the right to sue for any losses due to a breach of contract. Contractual waivers can be beneficial by allowing parties to come to an agreement without the need to go to court, while also ensuring that each party is aware of their rights and obligations. However, when signing a contract with a waiver, it is important to read it carefully so both parties are clear on what rights are being given up.

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