Tex.
Bus. & Com. Code Section 17.42
Waivers: Public Policy
(a)
Any waiver by a consumer of the provisions of this subchapter is contrary to public policy and is unenforceable and void; provided, however, that a waiver is valid and enforceable if:(1)
the waiver is in writing and is signed by the consumer;(2)
the consumer is not in a significantly disparate bargaining position; and(3)
the consumer is represented by legal counsel in seeking or acquiring the goods or services.(b)
A waiver under Subsection (a) is not effective if the consumer’s legal counsel was directly or indirectly identified, suggested, or selected by a defendant or an agent of the defendant.(c)
A waiver under this section must be:(1)
conspicuous and in bold-face type of at least 10 points in size;(2)
identified by the heading “Waiver of Consumer Rights,” or words of similar meaning; and(3)
in substantially the following form:(d)
The waiver required by Subsection (c) may be modified to waive only specified rights under this subchapter.(e)
The fact that a consumer has signed a waiver under this section is not a defense to an action brought by the attorney general under Section 17.47 (Restraining Orders).
Source:
Section 17.42 — Waivers: Public Policy, https://statutes.capitol.texas.gov/Docs/BC/htm/BC.17.htm#17.42 (accessed Jun. 5, 2024).
