In Soter's, Inc. v. Deseret Federal Savings & Loan Association, 857 P.2d 935, 940-42 (Utah 1993), the Court held that waiver is the intentional relinquishment of a known right. To establish waiver, a defendant must show that the plaintiff had: (1) an existing right; (2) knowledge of its existence, and; (3) an intent to relinquish the right. "Waiver must be distinctly made, although it may be express or implied."