Waiver of liability is a legal deed with a dual purpose. On the one hand, it informs the consumer about the possible risks associated with the use of a particular product. On the other hand, it makes the consumer liable for the possible consequences of these risks, which, as one can easily guess, is beneficial for the supplier of the product. The product in this case means any good or service, for instance,
- groceries;
- clothing and footwear;
- passenger and freight transportation services;
- traveling and commercial hiking;
- etc.
Will the court take into account the waiver of liability if adverse consequences do occur? This depends entirely on whether the liability waiver form is legally correct. Therefore, it is essential to understand what the document includes.
There can be many components of a disclaimer but we will focus on the main points:
- list of risks;
- exemption from liability;
- acceptance of consequences.
Let us talk about each of them in more detail.
Table of Contents
List of Risks
This is the easiest item to understand. Its idea is clear from the name. This is the most exhaustive list of the consequences that can occur when using the product. It is this part of the release of liability form or waiver software that has a useful informational function for the consumer. However, this does not mean that the provider of goods and services can overlook this point as the outcome of litigation depends to a large extent on how exhaustive the list of potential risks is if a potential risk does become an actual unfortunate event.
Therefore, it is recommended that this list also include possible inconveniences, even if they do not carry a direct threat to life and health. After all, even seemingly minor violations of conditions of comfort can cause lawsuits, which, in turn, can bury the developing business project.
Disclaimer
In this paragraph, the consumer is informed that in the case of negative consequences of the use of the product, the listed entities are completely relieved of responsibility. As in the previous case, the list of subjects should be as complete as possible, otherwise, the court decision may not be in favour of the product supplier.
It is necessary to stipulate the release of liability not only for legal entities but also for individuals. acting in the interests of the provider of goods and services, such as
- sales representatives;
- advertising agents;
- tour operators;
- contractors;
- staff and freelancers.
The issue of assignment is also worth mentioning – it is not always possible to clearly articulate a disclaimer of liability for a possible assignee of the company. The court may even consider such a clause as an attempt to evade liability. In any case, each such option will be considered on a case-by-case basis. There are many precedents when the substitution of a legal entity has helped to avoid legal prosecution. However, there are also quite a few cases with the contrary result
Accepting Risks
It should be clearly indicated that by signing this clause, the consumer confirms that s/he is fully aware of the possible risks and accepts responsibility for their occurrence, as well as their consequences, and waives any claims against the supplier and other legal entities and individuals that may be listed in it.
In addition, as experience shows, the court takes into account whether the form of disclaimer was visible and accessible to the consumer. It is recommended to use a bold large font, highlighting both the font. and the background with colour. It is recommended to read the release from liability template and use it to avoid any omissions.
