Disclaimer

The Definition

A disclaimer is a written portion of a contract that acts as a defense mechanism against any unwanted actions or occurrences. In the dictionary, it is defined as a denial, rejection, or refusion of a power or right, or of an outlined responsibility. Many businesses protect themselves and their property with disclaimers, as to not fall into a situation where they lose out, are taken advantage of, are falsely accused, or experience other unfavorable outcomes.

Examples of a Disclaimer

Example 1:

James decided to join his local gym by purchasing a membership. After visiting the facility and verbally expressing his interest in joining, the gym employee gave James a contract to read and sign. Within the contract, there was a section that was labeled "disclaimer." Since many people leave their cars in the gym parking lot for an extended period of time, and since many people leave their possessions in the gym lockers while they are working out, the gym wrote out a disclaimer that they will not be held responsible for any items that are damaged, stolen, or lost. The disclaimer stated that if any of the sort occurred on gym property, it is up to the member to replace or repair their items or possessions, not the gym.

Example 2:

Frank decided to stop by his local car dealership in search of the perfect new vehicle. After picking out the perfect car, Frank went inside with the salesman to fill out the paperwork. The dealership handed him a contract, and explained that they had a special going on for anyone who purchases a vehicle on that particular day. The disclaimer of warranty within the contract stated that the vehicle would be covered with a warranty over certain damages, but only for a one-year time frame. Frank agreed to the disclaimer, signed the contract, and purchased the vehicle that day.