Waivers

[bestframesource]

I am searching (without luck) for a release of liability waiver form for artwork damage or loss.
Not that I intend to lose or damage anything and I am insured but the big guys make you sign one, and it seems like a good idea.
Any help would be greatly appreciated!
Thanks!
-Brian

[kev@frames]

cant figure why you really want one Brian, cant do customer confidence any good?

Unless consumer protection laws differ greatly between the US and the UK, we are liable for goods in trust, period, as I see it. (morally and legally). Here its pretty black and white, we are fully responsible for it while we have it in our posession (in trust) so long as we do take reasonable care that is the limit of our responsibility in law. If it goes pear shaped after that then thats what the insurance is for.

if i was a customer i certainly wouldnt accept a waiver as part of the terms, specially if my artwork was valuable or irreplaceable.
Seems like belt and braces and another belt having waiver and insurance.

Is it for non-standard sorts of work or "risky" jobs in particular?

[Bill Henry]

None of us are lawyers, but I believe that Kev is correct.

First: a waiver presents to your customer that you trying to weasel out of taking good care of their art.

Second: Even if you had a waiver, if you didn’t exercise due diligence in taking all reasonable steps, it probably wouldn’t excuse you from liability. There are all sorts of instances when waivers of liability have been thrown out because they don’t conform to existing laws.

Your insurance will cover (or should cover) catastrophic claims. You will still need to pay the deductible, though. It will keep you on your toes.

[Moglet]

One possible scenario where a waiver might be beneficial could be in the case where a customer does not return within a given reasonable time period to collect finished work. I seem to remember comments on The Grumble about some framers having notices displayed in their shops metioning that they cease to be liable after thirty days. Might be worth a search there, as I don't know the context.