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Author Topic: "Waiver of Liability"... suggestions?  (Read 4277 times)
wreckedcarzz
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« on: September 05, 2008, 11:52:47 PM »

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 tongue). 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:
Quote
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__

So... suggestions?

-Brandon
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4wd
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« Reply #1 on: September 06, 2008, 12:23:36 AM »

1)You will not hold Brandon Seal responsible for loss of data, funds, or other items because of the provided services.

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

I would think it would sound better as:

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

Quote
Signed & authorized by:____________________ on ___/___/20__

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

You could also have the layman's version:

Quote
Whilst all due care is taken on work performed, sh*t happens!
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wreckedcarzz
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« Reply #2 on: September 06, 2008, 01:16:03 AM »

I would think it would sound better as:

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

Quote
Signed & authorized by:____________________ on ___/___/20__

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


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:

Quote
Whilst all due care is taken on work performed, sh*t happens!

 Grin So true
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J-Mac
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« Reply #3 on: September 06, 2008, 01:41:46 AM »

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.  Wink   smiley

Jim
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J-Mac
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« Reply #4 on: September 06, 2008, 06:31:48 AM »

I agree with J-Mac.

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


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Chris
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« Reply #5 on: September 06, 2008, 07:20:51 AM »

You might not be able to enter into a legal contract if you are a minor where you live.

In Connecticut you can't. So unless somebody is asking your legal guardian to sign for a you, there is no enforceable contract here.

In CT, if you hire a minor and something goes wrong, the court's attitude has usually been: "It was your decision to hire a minor. We are not going to bail you out."

I suppose you could always be charged with vandalism if you royally screwed something up. Wink But that's would be hard to argue unless you did something deliberately malicious.

But please be careful about asking people to sign something. Contracts and agreements go both ways. If you show up with something for them to sign - they just might decide they do require your parent's signature. Which would be a legally binding contract. Except it's your parents that are now liable - not you.

You really do need some professional legal advice.

Consider it part of your learning experience. We all wind up talking to an attorney sooner or later.

Luck! Thmbsup

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wreckedcarzz
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« Reply #6 on: September 08, 2008, 10:46:16 PM »

Dunno, I can always get my dad to sign it off with me, not sure. Might have to go talk to someone who can "officially" craft something up. We have a family attorney that does stuff for us (specifically, for my sister) quite a bit...

And I don't jump into anything I don't think I can handle - I don't have the slightest clue how to fix a car engine, but IMO I can fix almost any computer problem that gets thrown at me with relative ease. Dunno... I'll have to figure something out how I can't fix everything (shotgun bullets through the motherboard, as I read somewhere on the internet a year or so ago, for example).

Thanks for the advice, guys smiley
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Renegade
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« Reply #7 on: September 08, 2008, 10:50:13 PM »

Check http://www.myworktools.com for one. They often have just what you're looking for. They're usually a few dollars, but provide you with some excellent templates that you can customize.
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wreckedcarzz
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« Reply #8 on: September 08, 2008, 10:54:32 PM »

Check http://www.myworktools.com for one. They often have just what you're looking for. They're usually a few dollars, but provide you with some excellent templates that you can customize.


Will do smiley
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« Reply #9 on: September 09, 2008, 11:32:21 PM »

I just came across this -- http://discuss.joelonsoft...efault.asp?biz.5.676186.5

Might be a bit useful. Someone else has a similar question there.
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