Understanding Non-Waiver Agreements: Essential Knowledge for Indonesian Business Spaces

A non waiver agreement is a contractual stipulation. The basic terms of which are; a confirmation that a specific demand or claim has been made; that the claiming party does not waive its rights to seek further and/or future relief in relation to the matter that is the subject of the demand or claim; and a reservation of the claiming party’s rights in relation to the subject matter the subject of the demand or claim.

Noting the above, it is relevant to ‘XWORK Blog’ that relations between businesses increasingly takes the form of renting space from one another. Whether these be renting an office for a week, renting a meeting room for an hour, or renting an event space for a day, the space industry in Indonesia composes a significant part of a modern business’ day-to-day operations. Space leases are often entered under freedom of contract provisions and, as such, the terms of a space rental agreement can vary widely. That said, increasingly, these agreements have included a non waiver stipulation.

For the reasons below, XWORK Blog believes that non waiver agreements are an important aspect of a space rental contract and can prevent potential legal disputes down the line:

As already outlined above, indications are that the space rental industry will continue to grow. Given this, XWORK Blog can also foresee industry best practice comprising non waiver components as becoming the norm, rather than something to be wary or sceptical about.