California residents are asked to waive California Civil Code Section 1542, which otherwise protects against general releases of unknown claims. Non-California residents are asked to waive equivalent protections under their own jurisdiction's law.
This analysis describes what Oscar Health's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision asserts a waiver of California Civil Code Section 1542 for California residents, which, if enforceable, would mean that any release of claims against Oscar in connection with these Terms extends to claims the user did not know existed at the time of the release. The enforceability of this waiver in consumer contracts under California law may depend on the specific circumstances of the release.
Interpretive note: Enforceability of a Section 1542 waiver in a general consumer Terms of Service, rather than a specific settlement agreement, may depend on California court interpretation and the specific context of any claim.
Under this clause, California residents agree to waive the statutory protection that otherwise prevents a general release from covering unknown claims. Non-California residents are asked to waive similar protections under their own jurisdiction's law. Whether this waiver is enforceable in the context of a consumer platform Terms of Service is a question that may depend on applicable law.
Cross-platform context
See how other platforms handle California Civil Code Section 1542 Waiver and similar clauses.
Compare across platforms →"IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.Excerpt from Oscar Health's Terms of Use
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This provision asserts a waiver of California Civil Code Section 1542 for California residents, which, if enforceable, would mean that any release of claims against Oscar in connection with these Terms extends to claims the user did not know existed at the time of the release. The enforceability of this waiver in consumer contracts under California law may depend on …
Under this clause, California residents agree to waive the statutory protection that otherwise prevents a general release from covering unknown claims. Non-California residents are asked to waive similar protections under their own jurisdiction's law. Whether this waiver is enforceable in the context of a consumer platform Terms of Service is a question that may depend on applicable law.
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