Establishing secure connection…Loading editor…Preparing document…

Legal Security Waiver

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LEGAL SECURITY WAIVER

This Legal Security Waiver (the "Waiver") is made as of , by and between Releasor: , and Releasee: .

Releasor entity type:

Releasee entity type:

RECITALS

WHEREAS, Releasor and Releasee entered into a Security Agreement dated , (the "Security Agreement") pursuant to which Releasor acquired a security interest in certain collateral described below;

WHEREAS, the parties now desire to evidence the release and relinquishment by Releasor of any and all security interests, liens, and encumbrances that Releasor holds in the Collateral (as defined below) subject to the terms and conditions set forth in this Waiver; and

WHEREAS, Releasor is willing to release such security interests conditioned upon the receipt of the consideration and the performance of the covenants set forth herein.

NOW, THEREFORE

In consideration of the mutual covenants and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows:

1. DEFINITIONS

1.1 "Collateral" means the tangible and intangible property described as follows:

1.2 "Released Interests" means any and all liens, security interests, encumbrances, pledges, charges, claims, and other rights of Releasor in, to or against the Collateral arising out of or related to the Security Agreement.

2. RELEASE OF SECURITY INTEREST

2.1 Subject to the terms and conditions of this Waiver, Releasor hereby irrevocably and unconditionally releases, terminates and relinquishes all Released Interests in and to the Collateral, effective as of the Effective Date specified above. Upon the Effective Date, Releasor shall have no further rights under the Security Agreement with respect to the Released Interests.

2.2 The release set forth in Section 2.1 is limited to the Collateral described in this Waiver and shall not be construed to release any obligations of Releasee that are not expressly tied to the Released Interests, unless specifically stated otherwise in writing.

3. CONSIDERATION

3.1 In consideration for the release set forth herein, Releasee shall pay to Releasor the sum of (the "Consideration"), receipt of which is hereby acknowledged by Releasor.

4. REPRESENTATIONS AND WARRANTIES

4.1 Releasor represents and warrants that (a) it is the lawful owner of the Released Interests or is otherwise authorized to release the Released Interests; (b) the Released Interests are free and clear of any prior releases, assignments, or modifications that would impair the effectiveness of this Waiver; and (c) there are no existing actions, claims, or disputes that would prevent Releasor from granting the release given in this Waiver.

4.2 Releasee represents and warrants that (a) it has full power and authority to accept this release and perform its obligations hereunder; (b) no representation made to Releasor in connection with this Waiver is false or misleading in any material respect; and (c) the execution and delivery of this Waiver and the performance of its obligations will not violate any law, order, or agreement to which Releasee is subject.

5. FURTHER ASSURANCES

5.1 Each party agrees to execute and deliver, at the request of the other party and at the requesting party's expense, such further instruments and to take such further actions as may be reasonably necessary to effectuate the releases and other transactions contemplated by this Waiver.

6. INDEMNIFICATION

6.1 Releasee shall indemnify, defend and hold harmless Releasor and its officers, directors, agents and employees from and against any and all claims, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable attorney's fees) arising out of or relating to the Collateral after the Effective Date, except to the extent caused by Releasor's gross negligence or willful misconduct.

7. NOTICES

All notices pursuant to this Waiver shall be in writing and shall be deemed given when delivered personally, sent by nationally recognized overnight courier, or three (3) days after deposit in the mail, postage prepaid, to the addresses set forth above or to such other address as a party may designate by notice in accordance with this Section.

8. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of without regard to its conflicts of law principles.

9. ENTIRE AGREEMENT

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral, relating to the subject matter of this Waiver.

10. AMENDMENT AND WAIVER

No amendment, modification or waiver of any provision of this Waiver shall be effective unless in writing and signed by each party. No failure or delay by any party in exercising any right under this Waiver shall operate as a waiver of that right.

11. SEVERABILITY

If any provision of this Waiver is held to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.

12. COUNTERPARTS

This Waiver may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts together shall constitute one and the same instrument.

13. AUTHORITY TO EXECUTE

Each person executing this Waiver on behalf of a party represents and warrants that he or she is duly authorized to execute and deliver this Waiver on behalf of such party and that this Waiver is binding upon such party in accordance with its terms.

Releasor:

By:

Date:

Releasee:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Legal Security Waiver Is and when it’s used

A Legal Security Waiver is a written agreement where one party expressly limits or waives claims related to specified security practices, data handling, or system access. It defines the scope of accepted security responsibilities, identifies covered assets or data, and records consent to risk allocation. These waivers are used between vendors, service providers, contractors, and customers to clarify liability and reduce disputes; enforceability depends on clear language, proper execution, and compliance with electronic signature laws such as the ESIGN Act (15 U.S.C. ch. 96) and applicable state UETA or ESRA provisions.

Why organizations include a Legal Security Waiver

A waiver clarifies who bears responsibility for security gaps, reduces litigation uncertainty, and documents informed consent to specific risk allocations. It creates a written record useful for audits and compliance reviews while preserving options for indemnity, insurance, and mitigation planning.

Why organizations include a Legal Security Waiver

Typical users and when they rely on a waiver

Organizations use waivers when services involve elevated security risk, third-party system access, or nonstandard data handling arrangements.

  • Legal and contract teams preparing allocation language for vendor agreements.
  • IT and security teams documenting exceptions, testing windows, or temporary access.
  • Vendors and contractors accepting limited liability for known security constraints.

Use the waiver alongside technical controls, insurance terms, and incident response plans to keep contractual and operational expectations aligned.

Who signs and who approves

Contracting Officer

A contracting officer or authorized procurement signatory should execute the waiver on behalf of an organization. That signer must have delegated authority in writing or via board resolution to bind the organization to liability and indemnity clauses.

Security Manager

A security manager or CISO often reviews technical scope and approves the waiver language for accuracy. Their role is to confirm the waiver aligns with documented compensating controls and incident response procedures.

Core elements to include in a professional Legal Security Waiver

A complete waiver balances specificity with legal clarity: define scope, state assumptions, set time limits, and include signature and authentication details to support enforceability.

Scope definition

Precisely describe systems, data categories, timeframes, and exceptions so obligations and covered risks are unmistakable and narrow rather than open-ended.

Security representations

List the security controls in place (encryption, access controls, monitoring) and any known limitations or temporary deviations from standard practice.

Liability limits

Specify liability caps, exclusions, and the interplay with indemnity or insurance, including whether consequential damages are waived.

Duration & termination

State the waiver effective date, expiration, renewal conditions, and events that terminate or suspend its protections.

Authentication details

Require signer authority, date of signing, and acceptable authentication methods to support attribution and auditability.

Incident and notice

Define breach notification timelines, remediation responsibilities, and who bears costs for third-party forensic work.

Security and compliance data to record

Encryption Standard: AES-256 at rest and TLS 1.2/1.3 in transit
Authentication: Multi-factor or equivalent access control
Audit Trail: Timestamped signing log and IP address
HIPAA Status: BAA required for protected health data
Retention Policy: Specify retention duration and access rules
Data Location: State or country where records are stored

Step-by-step: preparing and executing the waiver

Follow a short, repeatable process: draft, validate, sign, and retain the executed waiver with an audit trail for compliance and legal defense.

  • 01
    Draft: Describe scope, controls, and limits in clear language.
  • 02
    Review: Legal and security teams confirm accuracy and authority.
  • 03
    Execute: Collect all required signatures with proper authentication.
  • 04
    Store: Retain signed copy and audit trail for the retention period.

Typical digital workflow for issuing a waiver

Digital execution reduces friction while preserving evidence: assign fields, authenticate signers, capture consent, and maintain an unalterable audit record.

  • Upload Document: Import final waiver PDF or DOCX to the signing platform.
  • Place Fields: Add signature, date, and text inputs where required.
  • Authenticate: Use email, SMS code, or stronger methods for signer ID.
  • Complete: Signer signs; platform records timestamps and IP.

Typical configuration options for online completion

Set up authentication, field behavior, and retention before sending to ensure compliance and minimize rework.

Field Configuration
Signing Order Sequential | Parallel
Authentication Email link | SMS code | KBA
Conditional Fields Show/hide based on prior answers
Audit Retention Store signed PDF plus full event log

Distribution channels and platform requirements

Choose a signing platform that supports required authentication, secure storage, and your preferred integrations to streamline processing.

  • Integrations: Salesforce, Microsoft 365, NetSuite, Google Workspace
  • Formats: PDF, Word DOCX, and audit-log export
  • Security: AES-256 at rest and TLS in transit

Confirm the platform can capture an unalterable audit trail, preserve evidence for the retention period, and support stronger signer authentication where needed.

Key timing and notification expectations

Establish and document timing for signature, revocation, and incident notifications so parties understand enforceability windows and obligations.

Signature Deadline:

Specify a calendar deadline for execution by all parties.

Effective Date:

The MM/DD/YYYY entered becomes the operative start date.

Revocation Notice Period:

State how and when a party may withdraw consent.

Breach Notification Window:

Define notice times consistent with applicable breach laws.

Record Retention:

Indicate how long signed records will be preserved.

Consequences of an incorrect or missing waiver

Unenforceable Terms: Vague scope may render waiver void
Increased Liability: Company may face indemnity claims
Regulatory Penalties: HIPAA or state law violations possible
Contract Disputes: Disagreements about scope and dates
Tax Withholding: Incorrect documentation can trigger withholding
Evidence Gaps: Missing audit trail weakens legal defense

Common mistakes to avoid when preparing a waiver

  • Leaving the waiver scope vague or overly broad, which invites disputes over what risks were actually assumed by each party.
  • Allowing an unauthorized signer to execute the document without documented authority, which can lead to nonbinding agreements.
  • Failing to capture robust authentication and an audit trail during electronic signing, reducing evidentiary value in disputes.
  • Neglecting to align waiver terms with insurance and indemnity clauses, which can create coverage gaps or contradictions.

Comparing eSignature vendors for waiver execution

Common selection criteria include price, bulk-send capability, audit trail depth, and HIPAA support; signNow is listed first for straightforward comparison.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Legal Security Waivers

Answers address enforceability, electronic execution, notarization, signer authority, revocation, and recommended retention to reduce risk and ensure compliance.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.