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  • Home
  • Who We Serve
  • Practice Areas and Fees
    • General Counsel Service
    • Business Law >
      • LLC Formation
      • LLC Operating Agreements
      • Close Corporation Formation
      • Corporate Bylaws
      • Close Corporation Agreements
      • Other Business Law Services
    • Business Contracts >
      • B2B Service Agreements
      • Contract Review and Advice
      • Customer Agreements
      • Financial Agreements
      • Joint Venture Agreements
      • Lease Agreements
      • Noncompete Agreements
      • Nondisclosure Agreements
      • Waiver and Release Agreements
      • Website Privacy Policies
      • Website Terms of Service
    • Business Sales >
      • Business Purchases and Sales
      • Letter of Intent
      • Purchase Agreements
      • Buy-Sell Agreements
      • Membership Interest Transfer Agreements
      • Business Succession & Disaster Planning
      • Business Dissolutions
    • Raising Money From Investors >
      • Private Placement Memorandums
      • Investment Agreements
    • Franchising and Business Opportunities >
      • Franchise Disclosure Documents
      • Franchise Agreements
      • Ohio Business Opportunity Plans
    • Nonprofit Law >
      • Nonprofit Formation
      • Co-op Formation
      • Tax Exempt Status
      • Nonprofit Governance
      • Nonprofit MOUs and Agreements
      • Nonprofit General Counsel Service
    • Intellectual Property >
      • Trademark Search
      • Trademark Registration
      • Trademark Maintenance
      • Copyright Registration
      • Work For Hire Agreement
      • Licensing Intellectual Property
      • Assigning Intellectual Property
      • Proprietary Information and Invention Assignment Agreements
      • Confidentiality Agreements
      • Intellectual Property Audit
    • Employment Law >
      • Employment Contracts
      • Employee Handbooks
      • Employment Policies
      • Independent Contractors
  • Adding Value
    • Legal Audit Checklist
    • Legal Dictionary
    • 7 Common Legal Mistakes
    • Succession and Emergency Planning Worksheet
    • Business Contracts: Review Checklist
    • Webinars >
      • HR 101: Managing the Growing Pains That Come With Growing Your Business
      • Hiring Independent Contractors
      • Legal Audit and Risk Assessment
      • Structuring a Social Enterprise
  • Bio
  • Blog
  • Scheduling
    • Prospective Client Scheduling
    • Existing and Former Client Scheduling
    • Networking Scheduling

Waiver and Release Agreements

Waiver and Release Agreements

B2B Service Agreements 
Contract Review and Advice
Customer Agreements
Financial Agreements
Joint Venture Agreements
Lease Agreements
Noncompete Agreements
Nondisclosure Agreements
Waiver and Release
   Agreements
Website Privacy Policies
Website Terms of Service
For better or worse, we live in a litigious society. And sometimes you need to know that your business can provide services without worrying about small claims suits from disgruntled customers or clients. A waiver and release is an enforceable promise from your client or customer that they will not sue your business. Typically, a waiver and release identifies the risks associated with your product or service, and the client or customer agrees that they are aware of and willing to accept those risks. In exchange for receiving your products or services, they agree not to sue your business later. 

While no contract is guaranteed to keep your business out of every lawsuit, a good contract certainly makes it much easier to defend you and your business. However, to be enforceable, waivers and releases generally must be clearly worded and unambiguous. Waiver language is typically printed in a prominent manner (as opposed to buried in small print) so that there’s no question later that your client or customer knew they were relinquishing their right to sue. 
​

In some situations, a complete release from all liability might be construed as simply bad customer service. When a waiver and release is inappropriate for whatever reason, our business attorneys might recommend using a limitation of liability clause instead. As the name implies, instead of a complete release, a limitation of liability clause limits the situations (and sometimes even amounts) that your business can be liable for. For example, a service contract might limit the amount of damages that the business will pay to no more than the amount of fees received from the customer or client. Not only can these clauses limit the potential scope of liability, but as a practical matter, they can also discourage frivolous litigation over small claims by making them less financially attractive to pursue. 
Our business attorneys can help you determine the best way to use your contract documents to protect your business.
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Waiver & Release / Limitation of Liability: $625

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