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"Waiver of Liability"... suggestions?

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wreckedcarzz:
OK, most of the common DC'ers know that I run a small computer fix-it thing in the local area for friends and family... but this has since extended to the local college (!) and I have an offer from 2 separate people to fix 6 computers - and I don't want to buy either one of them a new one if it were to say, explode all over their office.

My dad advised me, since I am getting paid a somewhat reasonable sum of money, that I take the time to devise something to save myself in case of fire (see above explosion scenario :P). Problem is, as a couple members here know, I SUCK at legal stuff (I'm 15, what do you really expect?). So, does anyone have any tips or thoughts or guidelines? I just need something that says "I am doing this for $__, I am not liable if your house, bank, dog, car, and chimney explode and cause the carjacking down the road of your best friend's boat and SUV..."

Here is a draft I made up in OpenOffice:
Waiver of Liability and Service Terms

   By signing this document you agree to the following terms:

1)You will not hold Brandon Seal responsible for loss of data, funds, or other items because of the provided services.
2)The services are in no way guaranteed, and have no express or implied warranty.
3)Some services may incur additional charges for software, hardware, or otherwise. If not paid, the services cannot be fully completed.
4)Payment for services must be made in cash, either on-site or within 2 weeks of the services.
5)Some services may void your computer manufacturer's warranty – it is your responsibility to check for this before services are carried out.
6)Some services require installation of software and downloads from the internet. All software has been checked and personally used by Brandon Seal, and is checked for suspicious activity; no software can ever be guaranteed to be safe, however.
7)Some programs on your computer may require modification, and some programs on your computer may require uninstallation. These will be explained. You may opt out of modifications and uninstallations, however services may not be completely satisfactory and your computer may not achieve the status that you request.
8)Services are aimed at Win32 machines, specifically Windows 95a through Windows Vista Service Pack 1. Macintosh, UNIX, and Linux systems can receive services, but Brandon Seal does not have extensive experience with these operating systems.

   Also, if you do not understand something that is being explained, please ask. It does no good if you do not understand what is going on.

Signed & authorized by:____________________ on ___/___/20__
--- End quote ---

So... suggestions?

-Brandon

4wd:
1)You will not hold Brandon Seal responsible for loss of data, funds, or other items because of the provided services.-wreckedcarzz (September 05, 2008, 11:52 PM)
--- End quote ---

You need to go the "All care but no responsibility" route  :D

I would think it would sound better as:

1) While all due care is taken to ensure the integrity of your data, etc, etc.

Signed & authorized by:____________________ on ___/___/20__
--- End quote ---

You're limiting yourself to services performed in this millenia, think the bigger picture.....maybe they'll come up with a cure for death  ;)

You could also have the layman's version:

Whilst all due care is taken on work performed, sh*t happens!
--- End quote ---

wreckedcarzz:
I would think it would sound better as:

1) While all due care is taken to ensure the integrity of your data, etc, etc.

Signed & authorized by:____________________ on ___/___/20__
--- End quote ---

You're limiting yourself to services performed in this millenia, think the bigger picture.....maybe they'll come up with a cure for death  ;)

-4wd (September 06, 2008, 12:23 AM)
--- End quote ---

Might make it more basic, not sure. I don't think I'll live to see 2100, but that would only make me 108...

You could also have the layman's version:

Whilst all due care is taken on work performed, sh*t happens!
--- End quote ---
-4wd (September 06, 2008, 12:23 AM)
--- End quote ---

 ;D So true

J-Mac:
I really think that you should have an attorney write it up for you. Actually I'm sure they have standard templates for just this kind of letter and can quickly modify it as needed to fit your specific situation. No matter how well you word it yourself, remember that the courts expect to see certain words that make the thing legal, and just putting common sense words/thoughts on paper does not necessarily protect you.

You know as well as I do that some people will sue no matter what kind of wording you have in the agreement with them, and you can be sure that they will have an attorney scrub the agreement. If the wording in it is non-standard, their attorney might be able to have it invalidated.

I don't know how much additional revenue you stand to bring in from the new contracts, but I would think that an attorney could draw up a simple letter or attachment for your repair/service agreements for a relatively small fee: maybe $100 to $150 all in.

Just my opinion, anyway.  ;)   :)

Jim

cranioscopical:
I agree with J-Mac.

If you consider it worth creating legal cover, ensure that it's done properly.

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