While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. Other names for waivers are exculpatory clauses, releases, or hold harmless clauses.
Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time!
The key factor that courts look at when determining the applicability of a waiver are:
Waivers have been found unenforceable in some cases. For example, a waiver was deemed too general as it included phrases such as "and otherwise".
Waiver refresher: Be alert to the possibility of waiving legal professional privilege.(Australia. Evidence Act 1995)
Oct 18, 2010; Key Points: Waiving legal professional privilege over legal advice and otherwise privileged documents or communications can be...
Waivers for cuts to be hard to get, Pingree says ; She's not as confident as Gov. LePage that the U.S. would allow some of his MaineCare savings.
Dec 23, 2011; Susan M Cover scover@mainetodaycom State House Bureau Portland Press Herald (Maine) 12-23-2011 waivers for cuts to be hard...