Is the voluntary relinquishment or surrender of some known right or privilege, either by an express statement, or by one’s actions or failure to take action. The elements of “voluntary” and “known” are key; one is presumed to know one’s rights and that those rights are voluntarily relinquished if not asserted in a timely manner. (E.g., In civil cases, certain arguments and objections must be raised immediately, or the Court will deemed those objections waived.) When the right to hold a person liable through a lawsuit are waived, the waiver may be called an exculpatory clause, liability waiver, legal release, or hold harmless clause.

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