In law, a disclaimer is a statement that disclaims all liability in order to avoid civil liability for certain acts or omissions. Warnings are often made to avoid the effects of tort and residents` liability to visitors. Courts may or may not make the waiver effective, depending on whether or not the law permits an exclusion of liability in the particular situation and whether the alleged acts or omissions fall within the scope of the waiver. Ken joined LegalMatch in January 2002. Since his arrival, Ken has worked with a wide range of talented lawyers, paralegals and law students to make LegalMatch`s law library a comprehensive source of legal information accessible to all. Prior to joining LegalMatch, Ken practiced law for four years in San Francisco, California, where he handled a wide range of cases in areas as diverse as family law (divorce, custody and support, restraining orders, paternity), real estate (real estate, landlord/tenant litigation for residential and commercial properties), criminal law (felonies, felonies, minors, traffic violations), assault (car accidents, medical malpractice, slips and falls), entertainment (registration contracts, copyright and trademark registration, licensing agreements), labor law (wage claims, discrimination, sexual harassment), commercial law and contracts (breach of contract, contract design) and San Francisco bankruptcy (Chapter 7 Bankruptcies personal). Ken holds a J.D. Golden Gate University School of Law and a B.S. in Business Administration from Pepperdine University. He is admitted to practice law at the California State Bar and the United States District Court for the Northern District of California. Ken is an active member of the American Bar Association, the San Francisco Bar Association, and California Lawyers for the Arts.
Terry Brennan is a seasoned corporate, intellectual property and emerging corporate transaction lawyer who has been a partner at two national Wall Street law firms and a trusted commercial advisor. He focuses on providing practical, cost-effective and creative legal advice to entrepreneurs, established businesses and investors for commercial, corporate finance, intellectual property and technology transactions. As a partner in well-known law firms, Terry has worked on financing, mergers and acquisitions, joint ventures, securities transactions, outsourcing and structuring of business units to protect, license, finance and commercialize technology, manufacturing, digital media, intellectual property, entertainment and financial assets. As General Counsel of IBAX Healthcare Systems, Terry was responsible for all related legal and commercial matters, including healthcare information systems licensing agreements, mergers and acquisitions, product development and regulatory matters, contract administration and litigation. Terry is a graduate of Georgetown University Law Center, where he served as editor of Law Review. He is active in a number of economic developments, entrepreneurial accelerators, veterans and civic organizations in Florida and New York. If you think of a disclaimer, you can think of those short sentences at the end of TV commercials that say, « Terms and conditions apply » or « Our services are not professional advice, » or at the beginning of an informative YouTube video, for example about a health issue. An example of this could be an operator of a bungee jumping company. It is not enough to have a legal statement or text on your website that describes the dangers inherent in the activity.
You must also personally inform your customers of the risks and have a release form containing information about the risks and signed and dated by the customer. I am a licensed lawyer in Washington who specializes in trademark practice and has extensive trademark training and academic training. I currently work with national and international companies seeking to protect trademarks in the United States. through trademark searches, legal advice, filing applications with the USPTO, and preparing responses to official acts. I have a passion for trademark law and always look forward to helping small and medium-sized businesses promote their value through a registered federal trademark. If you have any questions or concerns regarding trademark, copyright and intellectual property licensing and need legal advice, please do not hesitate to contact me so that we can have an initial conversation. A disclaimer is a defensive measure typically used to protect against unwanted claims or liability. A restaurant may deny any liability for loss or damage to a customer`s personal property, or a disclaimer in a contract may set out certain promises and reject all other promises or liabilities. Word of mouth is a powerful marketing tool – this is how many law firms get clients today. However, if you want to use these positive reviews on your website to encourage people to book a consultation, you`ll need to provide a disclaimer. WARNING, firm plea.
The defendant`s waiver of any claim relating to the subject matter of the claim under the plaintiff`s invoice. 2. A warning differs in content from a reply, even if it is sometimes confused with it, but it can rarely be inserted without a reply, because if the defendant has been mistakenly named a party after having had an interest from which he has separated, the plaintiff may request a sufficient answer to determine whether or not this is the case. Mitf. Pl. 11, 14, 253; Apples Gl. Pl. 309; History, Eq. Pl. c. 17, §§ 838 to 844; 4 bouv.
Inst. n° 4211-14. Remember when a woman sued McDonald`s for spilling hot coffee on herself and making $2 million? After that, the company increased the disclaimer on their cup – this coffee is SUPER HOT – be careful. Disclaimer templates are a good starting point for lawyers. But they are by no means a shortcut to ethical compliance. It is important to always research your own field of activity and jurisdiction. For example, some states, such as Missouri, have very specific language requirements for the promotion of legal services. Therefore, you can find these types of disclaimers on your state bar association`s websites. Any business that offers products or services to the public should at least have a disclaimer. Warnings explain who you are, what you do, and what you don`t do. I have 10 years of experience in providing general counsel in the form of practical and timely legal advice within strict deadlines to individuals and various stakeholders of business units, balancing business needs with the legal concerns of large corporations and start-ups. I am able to review, analyze, draft and negotiate commercial and government contracts worldwide for the procurement and sale of services and goods.
I also assist clients in complying with regulations (including data protection), laws and contractual obligations, as well as protecting, enforcing and exploiting intellectual property rights, and assisting in the development of intellectual property strategies. I am a Certified Information Privacy Professional / U.S. (PIPP/US), accredited by the IAPP – International Association of Privacy Professionals. A disclaimer is a statement that disclaims all legal liability. We consider the nature of your business and key areas of risk to develop a comprehensive set of disclaimers for your business. By informing customers of the risks and giving them instructions on what they could do to mitigate those risks, you can protect yourself from legal action if they suffer a loss or injury related to the use of your product or service.