Dictionary

Waiver

“A voluntary relinquishment of a known right, claim or contractual protection, either expressly or through conduct recognised by the applicable law.”

Why waiver matters to a first-time founder

A casual promise not to enforce a deadline, fee or condition can change what the business may later claim. Founders should control who can grant waivers and document their scope. Repeatedly overlooking breaches may also affect enforcement, even when a contract contains a standard clause saying delay is not a waiver.

Examples of waiver

A customer must pay by 1 May but asks for ten extra days. The supplier agrees in writing that it will not charge the late fee for this invoice only and preserves all other rights. That limited waiver avoids implying that future late payments or other obligations are excused.

Common misunderstanding

A waiver gives up or suspends a right; it does not necessarily amend the underlying contract or release every claim. Consent to one exception is not automatic consent to later exceptions. Whether words, silence or conduct create a waiver depends on the contract and the governing jurisdiction.

When to use it

Use a written, specific waiver when deliberately allowing a one-off departure from contractual rights. Identify the right, event, duration and conditions, and preserve unrelated rights. Seek legal advice before waiving payment, liability, intellectual-property or regulatory protections, especially where local law limits what can validly be waived.