Hi, there,
As I have been working over some of my “letters of agreement”, lately, I was thinking that I would like to include a disclaimer of liability of sorts. We are in KS.
How do you all go about this politely. I have avoided a the name “contract” for it, as well as the “contract sounding” words because to me it seems a bit on the “strong” side for customers to try to read and understand. But, then again, I really would like to prevent a lawsuit if at all possible. We have insurance, so we would be covered, but if there would be any way to keep a situation from ever getting to that point, it would be very nice.
Obviously, if a disclaimer is against the law, I won’t consider including it at all in the letter of agreement.
Thanks!
J
Replies
Lawyers like DIY contracts about as much as we like some of the DIY stuff our customers do.
Personally, I would write out what you want to say using language you're comfortable with, then let a lawyer beat it into something that will actually stand up in court.
A decent lawyer knows how to:
a. - say what you want to say in the correct legal language
b. - how to prevent you from saying (and trusting in) something that won't stand up.
c. - a few things that you should include but don't even know that you can.
Yeah, you'll spend some money, but you'll probably get it back when/if you actually have to use it. Even the best generic contract needs to be looked over by someone knowledgable in local requirements.
Edited 12/3/2009 3:01 pm by Dave45
John,
Do a search for a recent posting about "contracts" as I think some guys had some good input. Mine is spelled out in my contract but its 16 pages so if you want something that is customer friendly, mine isn't it! :)
Mike
Thanks guys! Will do.
J