Legal Disclaimer: Step-by-Step Guide

how to write a disclaimer

Legal disclaimers: what are they?

 The legal disclaimer protects the business or entity’s services, information, and property, including its intellectual and physical properties. In addition to protecting the entity’s legal rights, it limits its legal liability. 

 A Disclaimer Policy’s Importance and Purpose 

  • As part of their legal disclaimer, the business should give notice of the risks or hazards that their products may cause 
  • By implementing a disclaimer policy, the business is protected against accusations of stealing, misusing, or copying other people’s intellectual property
  • In the event of unintentional errors, the business may be subject to legal action. However, it may state in its disclaimer policy that it takes no responsibility for the accuracy of the information on its website.
  • By providing a disclaimer policy, the company minimizes its liability and prevents unnecessary lawsuits. 
  • The law requires businesses to issue disclaimer policies. 

How to Write a Legal Disclaimer 

 It is sometimes necessary to hire an attorney or lawyer to draft a legal disclaimer. Our legal experts can assist you with the seamless drafting of disclaimer policies for your business.

It is possible, however, for small businesses and one-person companies to draft their own legal disclaimer policies. Creating your legal disclaimer is easy with this step-by-step guide. 

The 10 Steps to Drafting Your Own Legal Disclaimer Policy 

The first step is to identify the need for a disclaimer 

Identifying the need for a legal disclaimer is the first step in writing one. Disclaimers are required when a business provides goods or services. 

  • There are two types of goods provided here: tangible (table) and intangible (information).
  • Disclaimers vary depending on the type of goods and services provided by an entity. 

The second step is to determine the entity’s liability 

An entity may have to consider its liability when its goods have the potential to cause injury. 

  • Customer may need a refund even if the product does not work as advertised 
  • It is therefore important for the entity to issue a disclaimer to avoid lawsuits and to limit its liability if any injuries occur 
  • A disclaimer policy is also issued for social media handles of an entity to avoid liability for comments made by others. 

The third step is to protect your legal rights 

In a disclaimer policy, the business limits its liability and protects its legal rights. 

  • Intellectual property, for example, is often subject to infringement
  • Any intangible goods such as a method or system of some process can be protected by filing for a patent 
  • It is possible to protect your property by using trademarks, logos, or signature phrases 
  • Music and paintings can be registered to create a paper trail that proves ownership. 

The fourth step is to limit the legal disclaimers 

You should understand that the purpose of a legal disclaimer is to limit your liability, not to completely protect you. 

  • The legal disclaimer issued in the context that the entity is not liable for any injuries caused by its negligence will not be legal since the entity has been negligent
  • It is possible for the business here to give a broad disclaimer that does not encourage the customer to bring a case against it.

The fifth step is to limit your liability for tangible and intangible goods

  • It is possible to limit the liability of tangible goods by issuing a ‘notice of risk’
  • Indicate that the following list is not exhaustive when listing the dangers 
  • The liability for intangible property should be limited to damage or offence caused
  • You can broaden the scope of the disclaimer by including words like ‘opinion’ and ‘only for entertainment purposes’.

The sixth step is to limit the liability for services provided 

  • When a business provides equipment or products to customers, it needs to protect itself from liability for the use of those products or services 
  • It is possible, for instance, to state that gym equipment carries certain risks inherent in its use. In the event that the damage is caused by the entity’s negligence, this disclaimer is legally ineffective. 

The seventh step is to limit third parties’ liability 

A disclaimer policy can extend to third parties such as subcontractors if the business engages in advertising, uses outside vendors, or has a presence on social media. 

The eighth step in the process is to include terms and conditions as well as a privacy statement 

  • Business and customer responsibilities are outlined in the terms & conditions
  • An organization’s privacy policy outlines how it gathers and uses customer information
  • Cafes that offer free Wi-Fi should state that the cafe does not collect personal information, but that others may steal it. 

The ninth step is to include contact information 

You may also be able to generate business by including your business’s contact information in as many places as possible. The following address should be used for requests to reuse copyrighted content. 

The Tenth Step: Make your disclaimer known to the customers 

  • Make sure the disclaimer is clearly visible to the public
  • It is recommended that you use boldface so that it will be more visibleface 
  • Make sure that the risk disclaimer is highly visible when it comes to 
  • You should obtain the acknowledgement of the customers regarding the disclaimer, making sure they understand the contents of the disclaimer policy in a clear manner. 

 A sample disclaimer with examples 

 While drafting your legal disclaimer policy, you can refer to these sample disclaimers for inspiration. 

Website Disclaimer Sample 

  • The information published on this site is for informational purposes only and is provided in good faith
  • We cannot guarantee the completeness, reliability, or accuracy of this information
  • We will not be liable for any losses or damages resulting from the use of our website
  • The nature of the business may require other points. 

Commercial Bank Disclaimer Sample 

  • Depending on the country or place, specific disclosures will be made
  • This content expresses the views, opinions, analyses, strategies, etc., of the authors and may differ from those of our employees or affiliates
  • Business-related points that are unique to the type and nature of the business. 

Final thoughts 

It is important to have a strong and clear disclaimer policy that limits the liability and protects the rights of the business. A legal disclaimer policy might now be understood, as well as how to draft one. If you are writing disclaimers for your business, you can use the samples as a reference.

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