A waiver is the voluntary relinquishment or surrender of some known right or privilege. While a waiver is often in writing, sometimes a person's actions can act as a waiver. An example of a written waiver is a disclaimer, which becomes a waiver when accepted. Other names for waivers are exculpatory clauses, releases, or hold harmless clauses. Sometimes the elements of "voluntary" and "known" are established by a legal fiction. In this case, it is presumed one knows his or her rights and that those rights are voluntarily relinquished if they are not asserted at the time! In civil procedure, certain arguments must be raised in the first objection that a party submits to the court, or else they will be deemed waived. Enforceability The following represent a general overview of considerations; specifics may vary dramatically depending on the jurisdiction. The key factors that courts look at whe