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What is a Disclaimer?

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  • What is a Disclaimer?

    A disclaimer is a statement that denies legal responsibility.

    They are extremely useful for businesses to significantly reduce, and in some circumstances, eliminate legal risk. Fundamentally, unless some businesses provide these warnings or statements, they may be liable for damage suffered.

    disclaimers
    You see them almost everyday, but probably don’t notice them.

    They can either be stand-alone statements, as well as incorporated into your Terms and Conditions or Client Engagement Documents that limits the liability by bringing to the attention of your clients or customers circumstances where:

    1. Your business isn’t liable;

    2. Your clients or customers are solely responsible;

    3. A third party is responsible; or

    4. Provides context in which the services are provided, which in turn limits your business’ liability.

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    What constitutes a Disclaimer?
    You may think that disclaimers are quite simple to draft, but in reality, there’s a bit to consider in developing the right set of disclaimers for your business, and as they say, “the devil is in the detail”.

    The fundamental purpose of a disclaimer is to limit an aspect of a contract or legal rights or liabilities that a consumer, client or customer might otherwise have unless you specifically disclaim out of it. They also then can’t say “oh I wasn’t made aware of that”, if it was effectively “in flashing lights” being heavily brought to their attention.

    When you think of a disclaimer, you might picture those short sentences at the bottom of ads on television saying “terms and conditions apply” or “our services do not constitute professional advice” or at the start of an informative YouTube video, for example addressing a health issue.

    In a car park, you would have seen examples like “We are not responsible for any stolen property from parked cars.”

    There are thousands of examples.

    These examples of disclaimers are typically short due to the medium they’re displayed on and the short window provided to display them.

    However, in a document like your business’ Terms and Conditions or Client Engagement Agreement, which is where you would commonly include disclaimers, the disclaimers would need to need to address all the areas of risk of your business and limit your business’ liability as much as possible.

    Disclaimers could also be included in a contract that states that one party to a transaction does not provide any representation or warranty as to the completeness or accuracy of information provided. However, a disclaimer will not be effective if it can be proved that a representation was in fact made.

    Consider the areas of risk of your business
    When drafting disclaimers, you need to consider all the areas of risk for your business that the disclaimers should cover.

    Is your business part of an industry that attracts greater risk that would require more extensive disclaimers?

    See the below examples of businesses that deal in a higher degree of risk that would need more in-depth disclaimers:

    1. Health practitioners;

    2. Alternative health practitioners, such as acupuncturists, naturopaths, herbalists;

    3. Adventure sports business; or

    4. Money or Business coaches, financial advisors.

    However, all businesses deal in at least some element of risk regardless of the type of business they are. Therefore, irrespective of which industry your business is in, you really need comprehensive disclaimers to protect your business and limit liability as much as possible.

    It may well be that a few paragraphs are required to disclaim against the main areas of legal risks.

    Again, if you haven’t made specific reference to them, made them clear in black-and-white, and bringing them to the attention of the consumer/customer/client prior to purchase, you can’t enforce a legal right you don’t have.

  • #2
    A burglary door gets, among other things Säkerhetsdörrar, extra reinforced thickness and extra break protection in one or more places.

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