Waiver
The voluntary giving up of a known right or claim. A waiver can be written, spoken, or implied by your actions.
A waiver is the voluntary surrender of a right that you know you have. Waivers can be express (stated clearly in writing or speech) or implied (shown through your actions or failure to act). For a waiver to be valid, you must know about the right and intentionally choose to give it up.
Some rights cannot be waived under Minnesota law. For example, a tenant cannot waive their right to a habitable home, even if the lease says otherwise. Similarly, employees generally cannot waive their right to minimum wage or overtime pay.
Why it matters: Be careful when signing documents that contain waiver language. By signing a waiver, you may be giving up important legal rights, such as the right to sue for injuries. At the same time, if someone has wronged you but you continue to accept their performance without objecting, you may inadvertently waive your right to complain later.
Example: Before joining a gym, you sign a waiver agreeing not to sue the gym if you are injured while using the equipment. If you are hurt due to a broken machine, the gym may argue the waiver protects them. However, Minnesota courts may not enforce waivers in cases of gross negligence.
Contracts, court proceedings, lease agreements, liability releases, insurance claims