What is Disclaimer Agreement Drafting?
A disclaimer agreement is a legal contract in which one party (the provider) reduces or removes their liability for potential damages or losses to the other (the user/participant). It’s sometimes referred to as a liability waiver.
You might find a disclaimer agreement when participating in adventure activities or when using a website, as it can appear in their terms of service.
If you need to draft a disclaimer agreement, read the rest of this article. We’ll explore what core terms to include and how to draft it professionally to protect your interests. We’ll also look at when it’s advisable to hire a lawyer to draft your disclaimer agreement for you.
What are Key Terms in a Disclaimer Agreement?
A disclaimer agreement should contain the following information:
- Disclaimer of warranties. This states that the services or information provided are on an “as is” basis without any guarantee of accuracy or reliability.
- Limitation of liability. This puts a cap on the maximum damages for which the provider is responsible, such as legal damages.
- Assumption of risk. The user must acknowledge that they fully understand and accept all dangers associated with the activity or using the product.
- Indemnification. This section explains that the user protects the provider against claims or losses arising from their own actions.
- Third parties. Specify that the provider isn’t liable for the accuracy and safety of third parties’ services, such as if the user is accessing linked applications.
What are Tips for Drafting a Disclaimer Agreement?
Your disclaimer agreement must be clear and enforceable. Here are some tips when drafting it to achieve those goals.
Make it Accessible
Ensure that your disclaimer is in a place where it’s easy to read and understand. Hiding it in many pages of a manual, for example, can reduce its legal validity.
Another element of accessibility is to write the disclaimer in simple, plain language so that there’s no confusing legal jargon.
Be Specific
The disclaimer agreement must define the rights, obligations, and liabilities being disclaimed or waived so that both parties understand the scope.
Get Consent
Your agreement should have a signature block to confirm that the participant understands the risks involved and can confirm that they agree to all the terms.
Identify the Limitations of Liability
Provide clarity about the types of damage or losses for which liability will be limited or completely excluded. This must be aligned with relevant laws and the parties’ responsibilities.
The person who accepts the disclaimer must agree to conduct certain activities to protect themselves from unnecessary risks, such as wearing safety equipment if they’re participating in a high-risk activity.
Define the Purpose
You should explain why the disclaimer agreement is required. For example, if it involves rules for using a website or engaging in a high-risk activity. Providing a purpose gives the agreement context and serves to manage the parties’ expectations.
How Does a Lawyer Help You Draft a Disclaimer Agreement?
If you need to write a disclaimer agreement, you might be unsure of how to navigate it. A lawyer can help you draft it, paying attention to the following:
- Defining the agreement's purpose and scope. A lawyer will check what services and products are included and covered by the disclaimer.
- Clarifying limitations of liability. They’ll include appropriate provisions to cap or limit your liability and protect your interests, while ensuring exclusions and limitations are legally permitted.
- Addressing legal compliance. They’ll check that your disclaimer is aligned with all relevant rules and laws.
- Clarifying parties’ obligations. They’ll clearly explain obligations you have under the agreement to minimize your risks.
- Ensuring consent is easy to do. They’ll provide an appropriate process for participants to sign or otherwise accept the agreement terms.
- Avoiding vague language. A lawyer is skilled at writing clear, specific terms so that you don’t accidentally make misleading claims.
- Reviewing your disclaimer agreement. If you’ve already drafted a disclaimer agreement, you don’t have to agree to its terms without first hiring a lawyer for a professional review. A lawyer will provide an in-depth review of your agreement, checking for consistency and balance.
Where to Find a Lawyer for Disclaimer Agreement Drafting
To find a lawyer who’s reputable and experienced, you might assume you have to call traditional law firms in your area. But you don’t. Instead, you can use an online legal platform. This puts you in contact with lawyers who have contract drafting and review experience.
ContractsCounsel is one of the largest online legal marketplaces that connects you to a curated network of lawyers who have been vetted on the platform.
If you want to ask a lawyer to draft your disclaimer agreement, you should follow these steps:
- Visit the ContractsCounsel marketplace.
- Select ‘One-time project’ and ‘Create or update contract.’ If you’d prefer to hire a lawyer to review your agreement, select ‘Contract review.’
- Post your project, which is free to do on the platform. You can include some information about your agreement so that you connect with the right lawyers.
- Wait to receive bids. Lawyers directly on the platform will send you bids to work on your project.
- Review the lawyer data. On the platform, you can access information about the lawyers before hiring one, such as their location, field of expertise, years of experience, credentials, and client ratings for previous projects completed on the platform.
- Select a lawyer. Go ahead and hire them to draft your disclaimer agreement for a flat fee.
