Legal Definitions - prospective waiver

A prospective waiver is a legal term that refers to the voluntary relinquishment or abandonment of a legal right or advantage that has not yet occurred. This type of waiver is often used in contracts, where parties agree to waive future claims for discrimination upon settlement of a lawsuit.

For example, if an employee sues their employer for discrimination and the parties settle the case, the employee may sign a prospective waiver agreeing not to bring any future claims related to discrimination against the employer.

Another example of a prospective waiver is a jury waiver, where a criminal defendant relinquishes the right to have the trial conducted before a jury by signing a form.

Overall, a prospective waiver is a legal tool used to waive future rights or claims that have not yet occurred.