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Valuation Release Waiver

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Valuation Release Waiver

This Valuation Release Waiver (the "Waiver") is made as of Effective Date: between Releasor Name: with primary address ("Releasor"), and Releasee Name: with primary address ("Releasee").

Recitals

WHEREAS, Releasee prepared a written valuation report dated (the "Valuation Report") concerning the asset described as:

WHEREAS, Releasor received the Valuation Report and acknowledges the valuer's opinion of value in the amount and paid consideration in the amount to Releasee for preparation of the Valuation Report.

WHEREAS, the parties desire to memorialize the Releasor's release and waiver of claims against the Releasee in consideration of the terms set forth below.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions

Capitalized terms used in this Waiver have the following meanings: "Valuation Report" means the written valuation delivered by Releasee on the valuation_report_date; "Claims" means any and all actions, causes of action, liabilities, losses, costs, demands and expenses, including reasonable attorneys' fees.

2. Release and Waiver

Subject to the exceptions set forth in Section 3, Releasor, on behalf of itself and its agents, representatives, successors and assigns, hereby fully and forever releases, waives and discharges Releasee and its partners, principals, employees, agents, contractors and affiliates from any and all Claims arising out of or in any way related to the Valuation Report, the valuation process, statements of opinion contained therein, or the use of the Valuation Report, whether known or unknown, suspected or unsuspected, from the beginning of time to the date of this Waiver.

3. Scope; Exceptions

The release set forth in Section 2 includes claims based on negligence and breach of contract but shall not apply to Claims resulting from Releasee's gross negligence or willful misconduct. Releasor acknowledges that this Waiver does not waive Claims that are non-waivable as a matter of applicable law.

4. Acknowledgment of Opinion and Assumption of Risk

Releasor expressly acknowledges that a valuation is an opinion, not a guarantee of value, and that the Valuation Report is based upon assumptions, market conditions and information provided to Releasee. Releasor assumes the risk of any reliance upon the Valuation Report and agrees that Releasee shall have no liability for outcomes resulting from subsequent changes in market conditions or from Releasor's use of the Valuation Report beyond the expressly stated intended use.

Intended Use of Valuation Report:

5. Representations and Warranties

Releasor represents and warrants that (a) it is the lawful owner or authorized representative of the owner of the asset described in the Valuation Report; (b) it has full power and authority to enter into and deliver this Waiver; and (c) the execution, delivery and performance of this Waiver will not violate or conflict with any other agreement to which Releasor is a party.

6. Indemnification

To the fullest extent permitted by law, Releasor shall indemnify, defend and hold harmless Releasee from and against any third-party Claims arising out of Releasor's use, dissemination or publication of the Valuation Report beyond the scope of the intended use, or any breach of Releasor's representations in this Waiver, except to the extent any such third-party Claim arises from Releasee's gross negligence or willful misconduct.

7. Limitation of Liability

Except for Claims arising from Releasee's gross negligence or willful misconduct, in no event shall Releasee be liable for consequential, special, incidental or punitive damages. Releasee's aggregate liability for any and all Claims related to the Valuation Report shall not exceed the total fees actually paid to Releasee for the Valuation Report, which fees are .

8. Confidentiality

Unless otherwise agreed in writing, the parties shall maintain the confidentiality of non-public information contained in the Valuation Report. Notwithstanding the foregoing, Releasee may disclose the Valuation Report where required by law or professional obligation, and Releasor hereby consents to such limited disclosure.

9. Notices

All notices required or permitted under this Waiver shall be in writing and delivered by hand, by overnight courier, or by certified mail, return receipt requested, to the addresses set forth above or to such other address as a party designates in writing.

10. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

11. Entire Agreement; Severability; Amendments

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. If any provision of this Waiver is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Waiver may be amended only by a written instrument signed by both parties.

12. Waiver; Counterparts

No waiver of any breach of this Waiver shall be deemed a waiver of any subsequent breach. This Waiver may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Facsimile and electronic signatures shall be binding.

Execution

The parties have executed this Waiver as of the Effective Date first written above.

Releasor Printed Name:

By:

Date:

Releasee Printed Name:

By:

Date:

Enter text✕

What a Valuation Release Waiver Is and when it’s used

A Valuation Release Waiver is a written authorization that allows an appraiser, valuation firm, or custodian to share a formal valuation report with a named third party. Typical uses include lending, estate administration, mergers and acquisitions, and regulatory review where the valuation is prepared for one party but must be disclosed to another. The waiver narrowly defines scope, recipient, and permitted use of the valuation and can be executed electronically when it meets ESIGN (15 U.S.C. ch. 96) and applicable state electronic transaction rules such as UETA.

Why a clear waiver matters for risk and workflow

A precise Valuation Release Waiver reduces confidentiality disputes, clarifies permitted recipients, and defines permitted uses of an appraisal. It helps lenders, counsel, and valuers manage liability, maintain chain-of-custody for valuation reports, and expedite downstream review while preserving evidentiary value.

Why a clear waiver matters for risk and workflow

Which professionals commonly complete this waiver

Typical signers and users include professionals who produce or rely on valuation reports and the parties that need access for transactions or compliance.

  • Appraisers and valuation firms who prepare reports and need documented consent to disclose results to third parties.
  • Lenders and mortgage underwriters requiring verified permission to accept or rely on a third-party valuation.
  • Estate attorneys, trustees, and beneficiaries who must share valuation information during probate or settlement processes.

Identifying the appropriate signer and recipient in the waiver avoids later challenges about authority to disclose and intended use.

Step-by-step: completing a Valuation Release Waiver

Follow these sequential steps to prepare and execute a valid waiver; the order protects consent evidence and preserves the valuation’s intended use.

  • 01
    Prepare report: Confirm appraisal details and attach the valuation document to the waiver packet.
  • 02
    Define scope: Specify exactly which sections may be shared and the permitted purpose for recipient use.
  • 03
    Identify recipient: Enter full legal name and contact details for the individual or organization receiving the valuation.
  • 04
    Sign and date: Obtain signatures from authorized parties and record the effective date of release.

Essential clauses to include in a professional waiver

A well-drafted waiver balances disclosure needs with confidentiality protections; include these core elements to make the release effective and defensible.

Release language

Clear grant of permission stating that the appraiser or custodian may transmit the specified valuation report to the named recipient for a stated purpose.

Scope limits

Define which pages, exhibits, or data points may be shared and explicitly exclude any items not intended for release.

Recipient obligations

Require the recipient to use the valuation only for the stated purpose and to safeguard confidentiality consistent with applicable law.

Effective date

Specify when the waiver becomes effective and, if applicable, an expiration or termination condition tied to the transaction.

Liability allocation

Address reliance disclaimers, indemnity for misuse, and whether the appraiser consents to reliance by the recipient.

Signature and attestation

Include signature blocks with printed name, title, date, and, if required, witness or notary acknowledgement.

Security and compliance considerations

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit trail: Comprehensive timestamped trail of actions
HIPAA: BAA required for protected health information
21 CFR Part 11: Controls for FDA-regulated records
SOC 2: SOC 2 Type II available on request
Access controls: Two-factor and role-based permissions

Key legal and operational risks to avoid

Unauthorized disclosure: Breach of confidentiality; potential civil liability
Invalid waiver: Ambiguous scope can render release unenforceable
Regulatory fines: HIPAA or sector penalties for improper PHI sharing
Reliance disputes: Third-party reliance without explicit consent risks litigation
Delay in transactions: Incomplete waivers can postpone funding or settlement
Data integrity: Missing audit trail undermines evidentiary value

Common mistakes that cause rework or disputes

  • Failing to identify the exact valuation document and date, causing confusion about which report is covered and whether the recipient received the intended version.
  • Using vague purpose language such as 'for review' instead of specifying loan underwriting, regulatory review, or estate settlement, which invites misuse or overreach.
  • Allowing an unsigned waiver or relying on initials alone; signatures must be complete and attributable to an authorized representative for enforcement.
  • Neglecting recipient obligations or retention limits, leading to unauthorized secondary disclosures or failure to comply with recordkeeping rules.

How electronic release and transmission typically flow

A short overview of an e-submission workflow from preparation through recipient receipt and record retention.

  • Upload: Attach valuation report and waiver to the signing package.
  • Place fields: Add signature, date, and recipient acknowledgement fields to the form.
  • Authenticate signer: Use email, SMS code, or stronger authentication to verify identity.
  • Transmit: Send final signed waiver and controlled copy of valuation to recipient.

Configuring a secure online waiver workflow

Recommended configuration settings ensure correct routing, authentication, and long-term storage for signed waivers.

Field mapping Pre-fill appraisal metadata to prevent data-entry errors
Conditional fields Show recipient clauses only when certain criteria are met
Authentication Choose email, SMS OTP, or KBA per risk level
Storage location Retain signed records in encrypted, access-controlled storage
Notifications Enable completion and delivery confirmations to stakeholders

Platforms and integrations that support e‑waivers

Ensure the eSignature platform supports secure upload, authentication, and compliant storage for valuation waivers.

  • Document formats: PDF, DOCX, and editable templates supported
  • Integrations: Works with Salesforce, NetSuite, Google Workspace, Box
  • Authentication: SMS, email OTP, and optional KBA available

Confirm the provider can export a complete audit trail and offers a HIPAA BAA or other industry addenda if required.

Representative eSignature vendor pricing and capabilities

Compare common pricing and feature dimensions for signing and sharing valuation waivers; signNow is listed first per vendor comparison requirements.

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, no credit card required Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year No cap No cap No cap

Frequently asked questions about validity, signing, and retention

Answers to common questions about enforceability, notarization, corrections, revocation, attachments, and storage for Valuation Release Waivers.


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