What Should a Waiver of Liability Include?

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Waiver of liability or a disclaimer is a legal instrument certifying that a client (customer) is fully responsible for some ( unfavorable) consequences of the use of the provided goods/services. A liability waiver form like https://www.pandawaiver.com/  is most common in the Anglo-Saxon legal system based on case law (in particular, in the U.S.) because it is under these conditions that it acquires legal force.

Recently, liability disclaimers have become increasingly popular due, among other things, to the coronovirus pandemic, which in turn has caused increased risks and losses for companies.

If unfavorable consequences occurred and the case has reached the controlling bodies or (God forbid!) the courts, the accurate and exact wording will be a decisive factor in determining whether these bodies will take into account the liability disclaimer. A victory in court can be attained through a single word or even a comma. The same is applicable to the company’s closure or even a prison sentence for people in charge!

So, let’s look at what a typical release of liability form should be like.

List of Risks

First of all, the form must contain a complete list of possible risks. This refers to the consequences of events that may occur during the use of goods (services) in both cases: when the terms of use of the product are violated, as well as without such violations.

For instance, the risks associated with camping trips can include:

  • being out of the mobile network coverage area;
  • inaccessibility of emergency medical care;
  • the probability of injuries;
  • illnesses caused by unaccustomed temperature conditions – hypothermia or, on the contrary, heat stroke.

Risks may also include occasional inconveniences, such as being in an environment that does not meet the standard of comfort customers are accustomed to. Although such situations do not pose an immediate threat to life or health, they may affect the client’s morale and become the subject of litigation.

Acceptance of Possible Consequences

This paragraph informs the client (customer) and confirms that the latter is familiar with the list of possible risks and assumes full responsibility for the possible consequences of using the product. The client (customer) understands and accepts that undesirable events may occur, not due to maliciousness of the supplier of goods or services, regardless of any supplier’s actions or omissions.

Release of Liability

This clause is a key item because it informs the consumer that s/he waives any claims and demands made against the supplier of the product (service) in the event of the occurrence of undesirable consequences specified in the list of risks, which is confirmed out of his own free will and by the fact of using the product (service).

This clause must necessarily include a complete list of persons exempted from liability. This list should be worked on as thoroughly as the list of possible risks referred to above.

These are the main points in any release from liability template and waiver software. Optionally, the form can also contain other points, such as those reflecting the issue of damages and legal costs. There is another important point to keep in mind. We are referring to accessibility, visibility, and location of the form, as well as to the way it is applied or printed. It is generally recommended to highlight the disclaimer if it is a part of the text document. Such tools as font size, italics, background color, and color of the text itself are used for this purpose. Otherwise, the plaintiff’s claims that he or she did not notice the disclaimer may well be accepted by the court or regulatory agency.

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