2010 California Code
Civil Code
Title 16. General Provisions

3268.  Except where it is otherwise declared, the provisions of the
foregoing titles of this part, in respect to the rights and
obligations of parties to contracts, are subordinate to the intention
of the parties, when ascertained in the manner prescribed by the
chapter on the interpretation of contracts; and the benefit thereof
may be waived by any party entitled thereto, unless such waiver would
be against public policy.