Disclaimer form template

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King Duck
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Disclaimer form template

Post by King Duck »

Hi there, I need a disclaimer form for customers to sign if I am to do any potentially destructive work on their stuff. Does anyone have one prepared that I could copy?
Not your average framer
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Re: Disclaimer form template

Post by Not your average framer »

I don't know what you might mean by "potentially destructive work on their stuff", but this sounds like it could need more than just a simple form to sign. It would help to understand the nature and scope of your words "potentially damaging work" to be able to suggest how to adequately address your requirements.

At this stage, I would suggest that you consider the following possible requirements:

An inspection report - This provides a framework for defining the pre-existing condition of the customers property, or item requiring the work to be carried out. This would provide a means of recording any existing defects, damage, or other relevent comments and also should include a list of possible technical terms and expressions which are likely to be used in the report together with a defined interpretation of the scope and meaning that are to be applied to these words when used in the report. The position and degree of any existing defects, or damage will need to be documented in a way which is clear and undisputable. The use of photographs included in inspection reports is normal practice and a good way to avoid future disputes.

A risk assessment - This provides a means of evaluating any known risks with the work you are undertaking, the steps you are taking to mitigate those risks and any limitations which may affect the the degree, or quality of the outcome you are trying to achieve. This is an important means of demonstrating that you will be employing professionally accepted methods, techniques and have the required knowledge and experience to undertake the task required by the customer. You should also be able to give a well reasoned explaination for areas of concern for which you require a disclaimer.

Customer acceptance of terms, conditions and limitations of liability - This largely speaks for it's self and should refer the customer to the inspection report, the risk assessment and state the price agreed for carrying out the work. Both the inspection report and the risk assessment should be attached to the customer acceptance form. All three items should be clearly identified with customer details, job details and any reference, or job number.

In summary, the inspection report defines the pre-existing condition of the item, or items belonging to the customer and the correct usage of the term and expressions which you have chosen to use in the report, ensuring that your interpretations cannot be challenged in a court of law in the event of any dispute.

The risk assessment provides clear information to the customer and enables the customer to understand the measures that you will employ and why, together with the limitations of any liability which you are informing the customer that they are agreeing to release you from and accept the risk themselves.

The customer acceptance therefore establishes agreement for the work to be done at the specified price, the terms and conditions which apply and the limit of your liability. Besides signing the customer acceptance form the customer should sign the inspection report and the risk assessment as well, stating that they have read and understood both items.

I'm sorry if you thought that this was going to be something really simple and less complicated, but a disclaimer will only stand up in a court of law, if there are no loop holes for a sharp legal practicener to exploit. It would be advisable if your final template was checked over by a solicitor with experience of contract law to make sure that it covers every eventuality. I hope that this helps.

BTW, I have a list of technical words and interpretations, which I use to describe the pre-existing condition of an item, and any defects found to be present at that time. I am happy to email you a copy if you wish.
Mark Lacey

“Life is short. Art long. Opportunity is fleeting. Experience treacherous. Judgement difficult.”
― Geoffrey Chaucer
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