Legal Definitions - prospective waiver

A prospective waiver is a legal agreement where an individual or entity voluntarily gives up a known right, claim, or privilegebefore that right, claim, or privilege has fully come into existence or before a specific event occurs that would trigger it. Essentially, it's an agreement made in advance to forgo a potential future legal entitlement.

• Example 1: Gym Membership Liability

  Imagine you sign up for a new gym membership. The membership agreement includes a clause stating that by signing, you waive your right to sue the gym for injuries sustained while using their equipment, provided the gym was not grossly negligent. You acknowledge and accept the inherent risks of physical activity.

  This is a prospective waiver because you are giving up your right to sue *before* any injury has occurred. You are agreeing in advance not to pursue a claim for potential future harm under specific circumstances, understanding that you are accepting certain risks.

• Example 2: Software Development Contract

  A freelance software developer enters into a contract with a client to create a custom mobile application. The contract contains a provision where the developer agrees to waive any future claims of ownership over the intellectual property (IP) rights for the software they create under the contract, assigning all such rights to the client upon completion and payment.

  This constitutes a prospective waiver because the developer is relinquishing their potential future IP rights *before* the software is even fully developed or the IP rights have fully vested in them. They are agreeing in advance to transfer ownership of something that doesn't fully exist yet, ensuring the client owns the final product.

• Example 3: Prenuptial Agreement Regarding Spousal Support

  Before getting married, a couple decides to sign a prenuptial agreement. One specific clause in the agreement states that if the marriage were to end in divorce, neither party would seek spousal support (alimony) from the other, regardless of their financial circumstances at the time of the divorce.

  This is a prospective waiver because both individuals are giving up their potential future right to seek financial support from their spouse *before* the marriage has even begun or before any grounds for divorce have arisen. They are agreeing in advance to forgo a right that might otherwise become available to them in the future under family law.