What Are Common Client Concerns in Releases of Liability?
A release of liability is a document that protects one party against legal claims made by another, such as regarding injuries or damages. Having a legal review of the contract is important to ensure it’s clear and legal, while providing adequate protections.
Based on data from ContractsCounsel, an online legal marketplace that connects people to vetted lawyers, the most common concerns clients have about releases of liability include scope of the release, enforceability across jurisdictions, and timing and project completion.
Read the rest of this article to learn more about these concerns and how a lawyer can help you review your release of liability.
Note: Our data comes from real, anonymized release of liability review postings on ContractsCounsel.
Scope of the Release
Concern 1: A leading concern clients have is that the release is too broad or vague. It should explain specific claims, parties, and activities, while avoiding broad or sweeping language.
How lawyers help: Your lawyer will check the release and ensure it only provides protection for activities that both parties have agreed to, while explaining any exclusions.
Enforceability Across Jurisdictions
Concern 2: Clients want to know that their release is enforceable across jurisdictions and that it will hold up should they go to court.
How lawyers help: Lawyers will check that the release is legally enforceable while meeting state laws. They will include specific jurisdiction provisions.
Timing and Project Completion
Concern 3: It’s important to clarify when the release will begin. Sometimes it’s before, during, or after a specific project, so clients want this to be clearly specified.
How lawyers help: Your lawyer will check that the start date and expiration is stated clearly.
Confidence and Familiarity with the Document
Concern 4: Sometimes, clients don’t have concerns about their release of liability. They might still want a legal review.
How lawyers help: A lawyer can check the document for any errors and missing information. They ensure it’s been updated according to the specific situation.
Key Takeaways
- Leading client concerns for releases of liability include scope and enforceability.
- The document needs to meet state laws as different regulations affect enforceability.
- Getting a legal review of your release by an experienced lawyer keeps it transparent, fair, and legally sound.
Need help with your release of liability?
Visit ContractsCounsel, where you can connect with vetted lawyers who have lots of experience in writing and reviewing releases of liability.