Liability disclaimer

A liability disclaimer is a contractual clause designed to limit or waive one party's legal responsibility for certain damages or losses that may arise from the agreement. It serves to protect the disclaiming party from lawsuits or claims by specifying the risks that the other party assumes upon entering into the contract.

5 Liability disclaimer examples

  • Description
    Liability Disclaimer. Spirit shall have no obligation to any third-party provider of perquisite items. Spirit and the Board shall have no responsibility whatsoever for any     property damage, death or injury arising from any participant’s or his or her family’s use of Spirit automobiles or personal use of Spirit aircraft, whether caused by Spirit or third-party errors, omissions, negligence, equipment malfunction or otherwise, in the absence of Spirit’s own gross negligence or willful misconduct. Neither the Board, the CEO, nor Spirit shall be liable for any errors in judgment or mistakes of fact or law in administering this plan, in the absence of their own gross negligence or willful misconduct.
    Document
    Spirit AeroSystems Holdings, Inc. (SPR)
  • Description
    Additional Liability Disclaimer. Apple shall not be liable for any damages or losses arising from any use of the APN, including any interruptions to the APN or any use of notifications, including, but not limited to, any power outages, system failures, network attacks, scheduled or unscheduled maintenance, or other interruptions.
    Document
    GLU MOBILE INC (GLUU)
  • Description
    Additional Liability Disclaimer. Neither Apple nor its service providers shall be liable for any damages or losses arising from any use, misuse, reliance on, inability to use, interruption, suspension, or termination of iCloud, iCloud Storage APIs, or CloudKit APIs, or for any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any of your data or any end-user data, or any claims arising from any use of the foregoing by your end-users, including any claims regarding data processing or inappropriate or unauthorized data storage or handling by you in violation of this agreement.
    Document
    GLU MOBILE INC (GLUU)
  • Description
    Liability Disclaimer. GLOBALX shall be held harmless from any liability for loss, damage, or delay of baggage or its contents as stated expressly herein, except as provided for by applicable international treaty. GLOBALX will not accept baggage interlined by another carrier, nor will interline bags to another carrier.
    Document
    Global Crossing Airlines Group Inc. (JETMF)
  • Description
    Liability Disclaimer; and Limitation of Liability. The Licensee shall assume full liability, including, without limitation, warranty obligations for the Licensed Products manufactured, used and sold by it in accordance with this Contract. For clarity the Licensor shall not have any liability whatsoever with respect to Licensed Products manufactured, used and sold by the Licensee in accordance with this Contract.
    Document
    Medigus Ltd. (MDGS, MDGSW)

What is a Liability Disclaimer?

A liability disclaimer is a statement that aims to limit the legal responsibility of an individual or organization for any potential harm or damages that might arise from specific activities, services, or products. It is often used as a protective measure to safeguard against claims or lawsuits. When properly constructed, a liability disclaimer can serve as a deterrent to legal action by informing users, clients, or participants of potential risks and stating that the responsibility for these risks lies with them.

When Should I Use a Liability Disclaimer?

A liability disclaimer should be used in situations where there is a possibility that a party may face legal ramifications due to another party’s use of their services, products, or advice. Some common scenarios include:

  • Online platforms: Websites that provide user-generated content, advice, or opinions may use disclaimers to mitigate legal liability for inaccuracies or errors.
  • Events and activities: Organizers of physical activities, such as sports events or workshops, often require participants to acknowledge and accept the inherent risks.
  • Product sales: Manufacturers or sellers of products may include disclaimers to inform consumers of any potential hazards and limit legal claims related to those hazards.
  • Professional services: Professionals offering advice, such as financial or legal consultants, may include disclaimers to highlight the limitations of their advice and disclaim liability for actions taken based on it.

How Do I Write a Liability Disclaimer?

When writing a liability disclaimer, clarity and precision are key. Here are some steps to help you craft an effective disclaimer:

  1. Identify potential risks and liabilities: Consider the specific risks or liabilities associated with your product, service, or activity.
  2. Use clear and concise language: Ensure that your disclaimer is easy to understand, avoiding legal jargon whenever possible.
  3. Include specific details: Clearly describe the scope of the disclaimer, outlining what it covers and any limitations.
  4. State any obligations: Inform users or participants of their responsibilities and the risks they are accepting.
  5. Consult a legal professional: To ensure your disclaimer is legally sound, consider seeking advice from a lawyer familiar with the relevant jurisdiction and area of law.

Example: “The opinions expressed on this website are solely those of the authors and do not necessarily reflect the views of [Company Name]. [Company Name] is not responsible for any errors or omissions in this content or any damages resulting from its use.”

Which Contracts Typically Contain a Liability Disclaimer?

Liability disclaimers are commonly found in a variety of contracts and agreements, including:

  • Terms of Service (ToS): Online platforms and service providers often include disclaimers to limit liability for user actions or platform failures.
  • End User License Agreements (EULAs): Software companies use disclaimers within EULAs to address issues related to software performance and associated risks.
  • Event waivers: Organizers of events and activities often require participants to sign waivers that include liability disclaimers, detailing risks and participant responsibilities.
  • Purchase agreements: Sellers may include disclaimers in sales contracts to limit liability for potential defects or misuse of their products.

By incorporating a well-drafted liability disclaimer into these types of documents, organizations and individuals can help protect themselves from legal exposure and potential financial losses.

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A "Liability for breach of contract" clause outlines the responsibilities and obligations a party faces if they fail to fulfill their contractual duties, including potential compensation for damages incurred by the non-breaching party. It typically specifies the extent and limitations of liability, such as caps on damages or exclusions of certain types of loss.

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A "license back" clause grants the original owner of intellectual property some rights to use or exploit improvements made to that property by a licensee. This allows the licensor to benefit from enhancements or developments made by the licensee during the term of the license agreement.

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A license fee clause outlines the payment terms and conditions under which a licensee is required to pay the licensor for the rights to use intellectual property, technology, or other licensed assets. It typically specifies the amount, frequency, and method of payment, and may also include adjustments based on usage, performance metrics, or renewals.

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