When it comes to legal disclaimers, the only thing worse than having one is not having one. The purpose of a disclaimer is to provide a way for you, as the writer or creator of a service or product, to make sure that you’re not held responsible if something bad happens while someone else is using your work.
This can be as simple as protecting yourself from an angry customer who decides they were injured by your software, or it could mean protecting yourself from being sued for libel (or slander) because someone believes what you wrote about another person was untrue.
Because disclaimers are so important and because there’s some risk involved in placing them in your writing without knowing exactly what they mean, here are some tips on how best to create them:
Make it easy to read and understand.
Write short sentences.
Use bullet points to break up text and make it easier to read.
Keep paragraphs short and punchy, so they’re easier on the eyes.
Use simple language (not fancy words or phrases) so that anyone can understand what you’re saying.
Be brief and use plain English instead of legalese, where possible.
| Takeaways |
|---|
| Understand the Purpose: Clearly define the purpose and scope of your legal disclaimer to effectively communicate its limitations. |
| Accurate Language: Use precise and unambiguous language to convey the terms of the disclaimer, leaving no room for misinterpretation. |
| Seek Legal Advice: Consult legal professionals to ensure your disclaimer complies with relevant laws and regulations in your jurisdiction. |
| Tailor to Content: Customize the disclaimer to match the specific content or service it accompanies, addressing potential risks or concerns. |
| Regular Review: Periodically review and update your disclaimer to reflect any changes in your business, services, or legal requirements. |
Know What Needs To Be Included
A disclaimer is a written statement used at the beginning of a text, in whole or part, that lets readers know they’re reading material that’s not necessarily upstanding.
Sometimes it’ll be an introduction to what you’re about to read; sometimes it’ll be an afterword, and sometimes it’s just a phrase at the bottom of your blog post explaining why you wrote what you wrote and where your opinion comes from.
Disclaimers tend to fall into three categories: legal, ethical/moral/religious, and practical (or “I don’t want my comments taken out of context”).
A disclaimer can tell people that certain information isn’t yours, advise them how they should interpret it (and what other options might exist), and open up conversations about previously unquestioned assumptions regarding social identities like gender or ethnicity the possibilities are endless!
The key is knowing what information needs disclaiming before starting work on writing up any disclaimer.
For example: if someone uses something like “don’t take this seriously” in their disclaimer without explaining why they shouldn’t take the post seriously (i.e., because its purpose is satirical).
Then there’s no way for readers unfamiliar with satire as an art form (or even those who just aren’t paying attention) to know whether or not they should believe everything said inside said article/book/etc. And if people start believing false things because there wasn’t enough information provided beforehand, well then we’ve got some trouble on our hands here!
Building a strong case against professional misconduct is crucial. If you’re facing issues with your accountant, consider our guide on how to file a complaint against your accountant to understand the steps you can take to address your concerns effectively.
Be Clear And Specific About Disclaiming Any Warranties
If you’ve never seen or read a disclaimer, it’s probably because they’re boring. But if you think about it, disclaimers are an important part of our everyday life. We don’t notice them because they’re everywhere: on signs in public places, on advertisements for products and services that we take for granted as safe or reliable (e.g., “this product not intended to be used as a toy”), etc.
In other words, there are typically two types of disclaimers: the kind that exists because someone else has made some sort of mistake or error (the legal variety), and the kind that exists simply to remind us of what is true at all times (the generally useless variety).
Don’t Try To Disclaim Things That Are Not Disclaimable
There are a few things you can’t disclaim. You can’t disclaim responsibility for the quality of your product or service, for example. It’s also important to remember that you can’t disclaim the risk of injury or death, loss or damage to property, or loss of business or profits.
You’re not allowed to make these items sound like they’re not real issues when they are (like, say…a refrigerator leak that causes mold).
In general though and this is very important you can only include what you know is true in your disclaimer. If something could happen but isn’t certain yet, it should be left out so as not to lead people on and create an illusion of safety around something potentially dangerous!
Crafting a clear and effective legal disclaimer can safeguard your content. Our article on tips for forming a legal disclaimer provides valuable insights into creating disclaimers that protect your writing without compromising its integrity.
Be Careful About The Language And Tone Of Your Disclaimer
While disclaimers are not legally required, they are strongly recommended. It’s important to include a disclaimer if you’re publishing information that could be misleading or inaccurate in any way.
You may also want to include one if you plan on making money from your writing, if you have a specific target audience in mind (such as students), or if there’s any chance your work could end up being used by someone else for commercial purposes.
It’s important to keep in mind the language and tone of your disclaimer before writing it: The language should be simple and clear; avoid legal jargon where possible. It should also be consistent with the rest of the document so that readers don’t feel like they’ve stumbled into some kind of legal document from another universe when they get to this part!
Be Sure The Disclaimer Is For Your Service Or Product, Not For Someone Else’s
It’s a good idea to make sure that the disclaimer is for your service or product, and not someone else’s.
If you don’t own what you’re disclaiming, then you can’t disclaim it. For example:
You can’t write “I don’t own this website,” even if it belongs to someone else.
You can’t write “This post was written by my brother,” even if he wrote the post and owns the site where it was published.
A second way to get into trouble is if you’re trying to disclaim something that doesn’t belong solely to you like if another person helped out with something in their spare time, but didn’t sign anything giving over all their rights or responsibilities regarding that thing (and maybe they won’t even let anyone use their name on the project).
For example: If a friend reads over an article before publication and makes suggestions about improving its clarity, any disclaimer would have both names in it; otherwise, there might be confusion about who had responsibility for which parts of writing/editing.”
Legal analysis memorandums play a vital role in legal research. To enhance your legal writing skills, delve into our guide on how to write a legal analysis memorandum to grasp the techniques and principles that contribute to effective legal analysis.
Find Out If You Need A Special Kind Of Disclaimer If You’re Writing Professionally
If you’re writing professionally, there’s a good chance that your disclaimer will be tailored to the industry (or industries) in which you write. For example, if you are writing for a law firm or another business that specializes in legal services and contracts, then it may be appropriate to include language similar to this:
This information is provided “as is,” without warranty of any kind and all implied warranties are disclaimed. This information may not work as intended in real-life situations. The author makes no guarantees about anything whatsoever.
You should never rely on this information for any reason except as a way to test whether or not our legal disclaimers are doing their job properly.
Communicating effectively with legal documents is essential in various situations. Learn how to draft impactful complaint demand letters and other legal term letters with our comprehensive guide: how to write a complaint demand letter or other legal term letter.
Never Rely On A Boilerplate Legal Form That Has Been Used Many Times Over Without Being Updated
Although these types of forms are often available online, you cannot trust them to be accurate or up-to-date and they may not apply to your specific situation.
Remember that these are just generic templates, which have been created to fit many types of documents. They may not be appropriate for the type of disclaimer that you need; therefore, it is recommended that you always read through the disclaimer carefully before signing off on it so as not to miss any important information or disclaimers.
If In Doubt, Take It Out
In the end, it’s better to be safe than sorry. If you have any doubts about whether or not your disclaimer is clear and specific enough for the reader, then take it out. It’s better to leave things vague than to add unnecessary ambiguity or uncertainty to your writing.
In addition, make sure that your disclaimer doesn’t make promises about what you can do for your readers or imply that there are guarantees attached to what you’re offering.
The purpose of a disclaimer is simply to clarify who owns the content and how much responsibility (if any) the writer has taken in its creation; letting their language get in the way of that goal will defeat its purpose altogether!
Mistakes in legal writing can have significant consequences. To ensure your documents are error-free and well-structured, explore our insights on mistakes to avoid when writing legal documents to refine your approach and produce higher-quality work.
Conclusion
The bottom line is that a legal disclaimer can be a useful tool for protecting yourself and your intellectual property. But it’s not as simple as just inserting one into your work. You need to think carefully about what you’re disclaiming, how it’s going to be used, and who might see it. The best advice we can give you when writing one is: if in doubt, take it out!
Further Reading
Here are some additional resources you might find helpful:
Understanding No Responsibility Disclaimers: Explore how no responsibility disclaimers work and their importance in legal contexts.
Legal Disclaimer Template: Access a ready-to-use legal disclaimer template to help you craft effective disclaimers for your business or content.
Common Disclaimers: Examples and Explanations: Learn about common disclaimer examples and gain insights into when and how to use them appropriately.
FAQs
How should I draft a legal disclaimer for my website?
Crafting a robust legal disclaimer involves clearly outlining the limitations of liability. Specify the purpose of the disclaimer and its scope to ensure it effectively protects your interests.
What is the purpose of a no responsibility disclaimer?
A no responsibility disclaimer aims to clarify that the entity providing information or content takes no responsibility for its accuracy, completeness, or potential consequences.
Can I use a legal disclaimer template for my business?
Yes, using a legal disclaimer template can provide a solid foundation for creating your own disclaimer. However, it’s crucial to customize the template to accurately reflect your business’s unique circumstances.
Are there specific industries that require more comprehensive disclaimers?
Industries that involve high-risk activities, health advice, financial information, or legal guidance often require more comprehensive disclaimers to mitigate potential liabilities.
How can I ensure my disclaimer is legally enforceable?
To ensure your disclaimer is legally enforceable, consult with legal professionals who specialize in the relevant jurisdiction and area of law. Customization and accuracy are key to creating a strong, enforceable disclaimer.
Costantine Edward is a digital marketing expert, freelance writer, and entrepreneur who helps people attain financial freedom. I’ve been working in marketing since I was 18 years old and have managed to build a successful career doing what I love.