What is an express waiver?

An express waiver is a clear and definitive statement in which a person voluntarily relinquishes a known right, claim, or privilege, often documented in writing. A written and signed statement ensures that the intention to waive specific rights is unambiguous and easily understood by all parties involved. This level of clarity is vital in legal contexts, as it provides concrete evidence of the waiver should any disputes arise in the future.

While implied agreements, verbal agreements, and non-verbal understandings can convey intentions or commitments, they lack the explicit clarity required to constitute an express waiver. The absence of written documentation in these cases can lead to misunderstandings or disputes regarding what exactly was agreed upon. Thus, the written and signed nature of an express waiver makes it legally binding and protects the rights of both parties.