> Lease agreements can’t simply waive away criminal liability. You can’t commit crimes or fraud against someone just by getting them to sign a waiver.
I think it's specifically problematic that these terms are being put into all sorts of legal documents (lease agreements, employment agreements, etc.) as standard boilerplate.
What you stated is correct, but it almost doesn't matter when the terms end up achieving the goals of the more powerful party, which is to discourage litigation, even in cases where it might be warranted.
You shouldn't be allowed to pretend, in a legal document, that your counterparty isn't allowed to sue you for wrongdoing. That's basically fraud.
I think it's specifically problematic that these terms are being put into all sorts of legal documents (lease agreements, employment agreements, etc.) as standard boilerplate.
What you stated is correct, but it almost doesn't matter when the terms end up achieving the goals of the more powerful party, which is to discourage litigation, even in cases where it might be warranted.
You shouldn't be allowed to pretend, in a legal document, that your counterparty isn't allowed to sue you for wrongdoing. That's basically fraud.