Free Release and Waiver Agreement Template for India
Settle disputes and release claims formally with a legally sound Release and Waiver Agreement tailored to Indian law. Our template covers full and final settlement, employee exit releases, liability waivers, and discharge of claims under the Indian Contract Act 1872.
In consideration of the payment of 3,50,000.00 INR (the "Consideration"), the receipt and sufficiency of which are hereby unconditionally and irrevocably acknowledged by the Releasor, the Releasor hereby releases, acquits, remits, and forever discharges the Releasee, and its officers, directors, employees, agents, successors, and assigns, from any and all claims, demands, actions, suits, proceedings, causes of action, debts, dues, sums of money, accounts, damages, costs, and liabilities of whatever kind or nature, whether known or unknown, suspected or unsuspected, in law or in equity, arising out of or in connection with the Subject Matter, up to and including the date of this Release:
Subject Matter: All claims, disputes, and causes of action of any nature whatsoever arising from the employment of the Releasor (Anjali Sharma) with the Releasee (Horizon Enterprises Private Limited) from the date of joining (15 June 2021) to the last working day (24 April 2026), including but not limited to claims for wages, basic salary, allowances, incentives, bonus, leave encashment, notice pay, gratuity under the Payment of Gratuity Act 1972, provident fund contributions, ESIC contributions, reimbursements, severance, and any other employment-related claims, dues, or entitlements of any kind whatsoever, whether arising under statute, contract, or otherwise.
The Releasee likewise, in consideration of this mutual settlement, hereby releases, acquits, and forever discharges the Releasor from any and all claims, demands, actions, suits, and causes of action of whatever kind or nature, whether known or unknown, arising out of or in connection with the same Subject Matter, up to and including the date of this Release.
The Releasor hereby solemnly declares, represents, and warrants that:
(i) Voluntary Execution: This Release is executed freely, voluntarily, and without coercion, threat, undue influence, fraud, or misrepresentation of any kind, and the Releasor has not been pressured, coerced, or induced into executing this Release against their will;
(ii) Opportunity for Legal Advice: The Releasor has had a full and adequate opportunity to seek and obtain independent legal advice and has either obtained such advice or freely and knowingly waived the right to do so;
(iii) Full Understanding: The Releasor fully understands the nature, scope, and legal effect of this Release under Sections 62 and 63 of the ICA 1872, and understands that it permanently extinguishes all past, present, and future claims, demands, and causes of action arising from the Subject Matter described herein;
(iv) Breadth of Release: The Releasor expressly releases all claims arising from the Subject Matter, including claims the Releasor may not be aware of at the time of execution, and acknowledges that the consideration is adequate and satisfactory in full and final settlement of all such claims;
(v) Binding on Successors: This Release shall be binding upon the Releasor and the Releasor's heirs, legal representatives, executors, administrators, successors, and assigns, and shall inure to the benefit of the Releasee's successors and assigns.
Governing Law: This Release shall be governed by and construed in accordance with the laws of the Republic of India. Any dispute arising from this Release shall be subject to the exclusive jurisdiction of the courts at Mumbai, Maharashtra.
Entire Agreement: This Release constitutes the entire agreement between the Parties with respect to the Subject Matter hereof and supersedes all prior negotiations, representations, warranties, and understandings, whether oral or written.
Severability: If any provision of this Release is held invalid or unenforceable by a competent court, the remaining provisions shall continue in full force and effect.
Electronic Execution: This Release may be executed electronically; electronic signatures are valid under the Information Technology Act, 2000 s. 5.
What Is a Release and Waiver Agreement in India?
A Release and Waiver Agreement is a legal document by which one party (the releasing party) agrees to give up or release all or specific legal claims, rights, or causes of action against another party (the released party) in exchange for consideration. In India, release and waiver agreements are used in a wide range of contexts — employment exit settlements (full and final settlement or FnF), commercial dispute settlements, event and activity liability waivers, property transaction releases, and personal injury claim settlements. A properly drafted and executed release provides the released party with a complete defence against any future claim covered by the agreement.
Under the Indian Contract Act 1872, a release or waiver is enforceable as a contract provided it is supported by valid consideration, made with free consent, and is for a lawful purpose. Section 63 of the ICA 1872 expressly allows a promisee to dispense with or remit the performance of a promise — this is the statutory basis for a valid release under Indian law. Courts in India have consistently enforced clearly worded release agreements, while scrutinising releases that may have been obtained by coercion, undue influence, or misrepresentation, which render the release voidable.
Employment full and final settlement releases are particularly significant in India because they govern the closure of the employment relationship and the employer's settlement of all dues — salary, leave encashment, gratuity, reimbursements, EPF settlement, and any disputed claims. Indian courts and labour tribunals carefully examine the voluntariness of FnF settlements, particularly where a workman under the Industrial Disputes Act 1947 claims that the settlement was not arrived at through free consent. A release that does not genuinely address all outstanding entitlements, or that was signed under duress, may not prevent a subsequent industrial dispute claim. The release must be executed on appropriately stamped non-judicial stamp paper under the Indian Stamp Act 1899.
What's Covered in This Release and Waiver Template
Our India-specific release template covers all essential provisions for a legally effective discharge of claims.
Parties & Recitals
Identifies the releasing and released parties with full legal names, addresses, and the context of the release — employment, commercial dispute, or activity participation.
Consideration
States the consideration paid for the release — settlement payment in ₹, final salary, or other agreed benefit — which is essential for the release to be enforceable under the ICA 1872.
Scope of Claims Released
Precisely defines all claims, rights, and causes of action that are being released — past, present, and future claims arising from the specified relationship or incident.
Full and Final Settlement (Employment)
For employment releases, includes a detailed FnF settlement confirming all dues paid — salary, leave encashment, gratuity, EPF, reimbursements — and a waiver of further claims.
Activity Liability Waiver
For activity or event waivers, releases the organiser/operator from liability for personal injury or property damage arising from specified activities in India, subject to applicable consumer law.
Mutual Release (Optional)
Provides for a mutual release by both parties, releasing each other from all claims arising from the specified relationship or transaction.
Reservation of Rights
Includes any carve-outs — claims specifically NOT released, such as claims that arise after the date of the release or claims relating to criminal conduct.
Confidentiality
Includes a confidentiality clause requiring both parties to maintain the terms of the settlement — a common provision in Indian employment and commercial dispute settlements.
Non-Disparagement
Restricts both parties from making negative public statements about each other after the settlement — relevant for employment and commercial releases in India.
Governing Law & Stamp Duty
States Indian law as governing, notes the stamp duty obligation under the Indian Stamp Act 1899, and designates the jurisdiction for any dispute about the release itself.
How to Create a Release and Waiver in India
Follow these steps to prepare a legally enforceable release and waiver under Indian law.
- 1
Define the Claims Being Released
Be specific about the claims, rights, and causes of action being released. A release that is too vague may not cover all intended claims; one that is too broad may be challenged as unconscionable.
- 2
Agree on Consideration
Determine the consideration for the release — the settlement amount in ₹, final settlement dues, or other agreed benefit. Consideration is essential for the release to be a binding contract under the ICA 1872.
- 3
Draft the Release Agreement
Prepare the release document covering all claims, consideration, reservations, confidentiality, and non-disparagement provisions. For employment releases, ensure all statutory dues (gratuity, EPF, leave encashment) are addressed.
- 4
Execute on Stamp Paper
Execute the release on non-judicial stamp paper of the appropriate denomination under the Indian Stamp Act 1899. Both parties should sign, and witnesses are advisable.
- 5
Ensure Voluntary Consent
Ensure the releasing party signs voluntarily, without pressure or coercion. In employment contexts, give the employee adequate time to consider the terms. A release obtained by coercion or undue influence is voidable under the ICA 1872.
Legal Considerations for Releases in India
These are the key Indian legal principles governing the enforceability of releases and waivers.
This template is for informational purposes only and does not constitute legal advice. Consult a qualified Indian advocate or legal practitioner for advice specific to your situation.
Reviewed for Indian law
ICA 1872 Section 63 — Remission of Promise
Section 63 of the Indian Contract Act 1872 allows a promisee to dispense with or remit (wholly or in part) the performance of a promise made to them. This is the statutory foundation for a valid release under Indian law. A release must be supported by valid consideration, be made with free consent, and be for a lawful purpose to be enforceable. Consideration may be nominal (even ₹1 can be valid) but must be real.
Employment Releases & Industrial Disputes Act 1947
Employment full and final settlement releases are scrutinised carefully by Indian labour tribunals and courts. A workman under the IDA 1947 can challenge an FnF settlement if it was arrived at under coercion, duress, or misrepresentation. The settlement must be arrived at voluntarily, with the workman understanding the terms. Conciliation settlements under Section 12 of the IDA 1947 or consent awards before the Labour Court carry greater weight and are more difficult to challenge than private FnF agreements.
Consumer Protection Act 2019 & Liability Waivers
Under the Consumer Protection Act 2019, an Indian consumer cannot contractually waive their statutory rights — including the right to claim compensation for deficient goods or services. Activity liability waivers in India therefore cannot exclude liability for gross negligence, fraud, or consumer law violations. Courts have the power to declare unconscionable contract terms void under Indian consumer law.
Stamp Duty on Release Deeds
A release deed (formal release of a claim or right) attracts stamp duty under the Indian Stamp Act 1899 or the relevant state Stamp Act. The applicable rate depends on the nature of the release and the value of the claim being released. An unstamped or insufficiently stamped release deed is inadmissible as evidence in Indian courts until the deficit is cured.
Frequently Asked Questions
Settle Claims Formally with a Release Agreement in India
Use Doxuno's free Release and Waiver template to document the settlement of disputes and claims under Indian law. Customise, stamp, and execute for a legally sound discharge.
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