Legal Disclaimer: What it Is? What to Include
Jump to Section
Quick Facts — Legal Disclaimer Lawyers
- Lawyers available: 14 business lawyers
- Clients helped: 5 recent legal disclaimer projects
What Is a Legal Disclaimer?
A legal disclaimer is a legal statement or text that states that you and your business are not responsible for something. It can be used to limit liability for specific risks or to make specific disclosures.
A legal disclaimer could be as simple as a statement on your website that everything included is your opinion only and that visitors or readers should not assume that anything there is a fact without independently verifying it.
Businesses have a disclaimer for all kinds of things, usually to limit legal liability and shield the company that has created the disclaimer from legal claims and actions.
Or a disclaimer could be associated with a user and third-party risk, such as a product disclaimer stating that the product manufacturer is not responsible for any losses or injuries related to improper use of the product.
In other words, a legal disclaimer doesn’t go quite as far as a release of liability or a liability waiver, usually signed. Still, it can provide some protection to businesses when it is drafted correctly and depending on the laws of the local jurisdiction.
What’s Included in a Legal Disclaimer?
There are certain terms that will be included in many legal disclaimers, such as a statement of the limitations of liability, a description of the risks involved, or instructions for proper use. However, every business is unique and offers a different mix of products and services to a different group of customers. As such, there’s no hard and fast rule for what should be included in your legal disclaimer.
This kind of legal statement or text should always be customized to your business, taking into account things such as:
- The laws that are in force in the area or areas you operate in
- What kind of business do you have
- What kind of risks might your customers be taking by using your products or services
No blanket legal disclaimer will cover every company for every eventuality, so this really does need to be tailored to your specific situation.
Here is an article to learn more about writing a legal disclaimer.
CC verified
Purpose of a Legal Disclaimer
The purpose of a legal disclaimer is to ensure that users of your product or service are aware that there is a risk associated with doing so and that they should take care to use the product or service only as intended.
By notifying customers of risk and providing instructions about what they might do to mitigate that risk, you can protect yourself from some legal action if they suffer a loss or injury related to using your product or service.
However, disclaimers cannot protect you from legal action if you make false claims or statements, if your product does not meet quality standards requirements, or if you are providing an illegal product or service.
Legal disclaimers offer protection from some types of legal claims and legal liability, but they are not a silver bullet. So you still need to ensure that you offer the best quality products and services and the most accurate and complete information.
Who Needs a Legal Disclaimer?
Every business that offers products or services to the public should, at the very least, have a legal disclaimer. Disclaimers are more critical to some businesses than others, depending on the specific nature of the business, the applicable laws, and the potential risks involved, but it is rare to find a business that would not benefit from having one.
In some cases, your business might need to go further by requiring customers to sign a liability waiver or release of liability agreement. This kind of document ensures that you can prove that you made the legal statement or text and that your customer read, heard, and understood the contents of those statements.
One example of this might be an operator of a bungee jumping company. It is not enough to have a legal statement or text on your website outlining the inherent dangers of the activity. You should also tell your customers about the risks in person and have a release form that includes information about the risks and is signed and dated by the customer.
A lawyer can usually advise you how far you need to go, whether a legal disclaimer will offer protection, or if you need a waiver and release agreement.
Image via Pexels by Mikael Blomkvist
Examples of Legal Disclaimers
Every business will need a slightly different legal disclaimer based on the products and services they offer, their customers, and where they operate. However, while very disclaimer is different, there are some similarities between the waivers certain types of businesses use. The following are some examples of legal disclaimers.
Legal Disclaimers for Websites
When you own and operate a website, the primary product or service you are offering to visitors is information. As such, your legal disclaimer will usually be related to the information on your website.
Your disclaimer might state that while you do your best to ensure your site contains only factually correct and accurate information, visitors use that information at their own risk and should verify all information independently.
Imagine you run a website offering financial advice, and you have an article about investing that is slightly outdated. Suppose a website visitor uses that obsolete information and suffers a loss. As a result, they might attempt to make legal claims against your website for providing that information.
In that case, a legal disclaimer would offer some protection because the visitor was told to verify all information before using it.
Legal Disclaimers for Emails
We’ve all hit send, only to realize we’ve sent an email to the wrong contact. Usually, the result is nothing but mild embarrassment, but sometimes, there could be severe consequences.
Legal disclaimers for emails usually state that the emails are intended for the named recipient only and should be deleted if received by anyone else. They might also state that any opinions expressed are those of the sender and not necessarily endorsed by the company that employs them.
Many email disclaimers also include information about anti-virus measures and warn recipients only to open attachments if they expect them and trust them. For example, suppose a virus has infected your email network. This could help to protect you from legal liability related to opening infected attachments.
While a legal disclaimer won’t always protect you if you send confidential information to the wrong person, it can still insulate you from some repercussions.
Legal Disclaimers for Products
Legal disclaimers related to products usually tell about the proper use of the product in question. In addition, manufacturers typically include user manuals and information in product packaging when they sell them, but that does not mean people won’t misuse them.
When creating a legal disclaimer for a product, it's important to ensure that you include information about proper and safe use, product limitations, and the potential consequences of improper use.
Remember that a legal disclaimer won’t protect you if your product is inherently dangerous or unsafe. Still, it can protect from claims associated with the user and third-party risk when that user did not use the product correctly.
Legal Disclaimer Sample
Legal disclaimers don’t always have to be a lengthy or complex legal statement or text.
Sometimes, something as simple as “the owner of XYZ Corporation, which owns and operates XYZ.com, does not assume responsibility or liability for any errors or omissions related to the site's content. All information is provided on an “as is” basis, and XYZ Corporation does not guarantee the content's timeliness, completeness, accuracy, or usefulness.
Do Legal Disclaimers Hold Up in Court?
How well your legal disclaimer will hold up in court depends greatly on how well it is written, how much it applies to your business, and whether you have done as much as possible to mitigate risks for your customers.
A legal disclaimer will not protect you if you sell an inferior or unsafe product or provide subpar service. However, it might limit legal claims against your company if you have done as much as possible to provide quality products and services, detailed instructions to your customers, and support if needed.
Post a project in ContractsCounsel’s marketplace to receive flat fee bids from lawyers for your project. All lawyers have been vetted by our team and peer-reviewed by our customers for you to explore before hiring.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with a Legal Disclaimer?
Meet some of our Legal Disclaimer Lawyers
Ryenne S.
My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
"Ryenne was professional and very helpful. Her review of our agreement broke down the legal jargon into laymens terms and helped our team discussions for the decision making process ~ Thank you!"
Jason H.
Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.
"Wonderful attorney! He was extremely professional, answered all of my questions and was patient with my complicated legal situation. Don’t hesitate to hire him."
Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 and 2023, I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and number of 5 Star reviews.
"Working with Michael has been fantastic. You'll be hard-pressed to find someone more knowledgeable and honest than him!"
Ayelet F.
Ayelet G. Faerman knows what influencers mean to brands today. With experience as legal counsel for a beauty brand for over 5 years, and overseeing multiple collaborations, Ayelet has experienced the rise of influencer marketing. As the founder and managing partner of Faerman Law, PA her practice focuses on influencer relations including a specialization in contract negotiations.
"Professional, pleasant to work with and excellent communication. Would highly recommend Ayelet!"
Benjamin E.
Benjamin is an attorney specializing in Business, Intellectual Property, Employment and Real Estate.
"Fast responses to all the questions and the price is reasonable. All the work was completed within the set time frame. I would recommend him to friends and family."
Richard G.
Attorney Gaudet has worked in the healthcare and property management business sectors for many years. As an attorney, contract drafting, review, and negotiation has always been an area of great focus and interest. Attorney Gaudet currently works in Massachusetts business, employment, corporate and bankruptcy law.
November 4, 2022
Jonathan R.
Jonathan Rudolph is an experienced litigator who has been admitted to the state and federal bars of New Jersey since 1991. He is a graduate of Cornell University and Rutgers University School of Law—Newark and the Justice Morris Pashman American Inn of Court. During the nearly four years he served as a Deputy Attorney General in the Division of Law for the State of New Jersey, Mr. Rudolph successfully prosecuted cases under the New Jersey Consumer Fraud Act. Mr. Rudolph practices civil law, primarily litigating matters that include the following: civil; commercial; complex commercial; business disputes; and probate litigation, including will contests. He also offers services for preparing wills, trusts, powers of attorney, advance care directives. In the technology sector, Mr. Rudolph can manage and conduct ediscovery review and management. He also has an extensive background in the implementation and use of technology to ensure statutory regulatory, and internal compliance in multiple industries, particularly as such conduct relates to privacy laws in the U.S. and E.U. and for financial services. He has been recognized as a subject matter expert in regulatory compliance, surveillance, and supervision and is one of the three inventors on U.S. Patent US11336604B2, which governs techniques for supervising communications from multiple communication modalities.
Find the best lawyer for your project
Browse Lawyers Now
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with a Legal Disclaimer?
Business lawyers by top cities
- Austin Business Lawyers
- Boston Business Lawyers
- Chicago Business Lawyers
- Dallas Business Lawyers
- Denver Business Lawyers
- Houston Business Lawyers
- Los Angeles Business Lawyers
- New York Business Lawyers
- Phoenix Business Lawyers
- San Diego Business Lawyers
- Tampa Business Lawyers
Legal Disclaimer lawyers by city
- Austin Legal Disclaimer Lawyers
- Boston Legal Disclaimer Lawyers
- Chicago Legal Disclaimer Lawyers
- Dallas Legal Disclaimer Lawyers
- Denver Legal Disclaimer Lawyers
- Houston Legal Disclaimer Lawyers
- Los Angeles Legal Disclaimer Lawyers
- New York Legal Disclaimer Lawyers
- Phoenix Legal Disclaimer Lawyers
- San Diego Legal Disclaimer Lawyers
- Tampa Legal Disclaimer Lawyers
ContractsCounsel User
Create Product Disclaimer
Location: New Jersey
Turnaround: Less than a week
Service: Drafting
Doc Type: Disclaimer
Number of Bids: 8
Bid Range: $390 - $1,000
ContractsCounsel User