Key Takeaways

  • A disclaimer sample helps businesses and website owners manage liability and clarify legal responsibilities.
  • Common disclaimer types include general, legal, medical, affiliate, and email disclaimers.
  • Email disclaimers help with confidentiality, copyright, and liability protections.
  • A well-drafted disclaimer includes jurisdiction, liability limitations, and a scope of applicability.
  • Disclaimers can vary by industry, platform, and legal requirement, so templates must be tailored.
  • Legal disclaimers should be clear, accessible, and regularly updated.

A disclaimer agreement sample can help you successfully add a disclaimer to a document so you'll be legally protected from liability.

What Is a Disclaimer?

When writing a contract, you have the option of including a variety of clauses, including a disclaimer. Essentially, you can add a disclaimer in a document to stop the document from becoming a contract or to prevent the creation of a warranty. Disclaimers are also commonly referred to as hedge clauses.

You can also use a disclaimer to disavow or deny a claim or to give up your interest in a piece of property or a title.

Common Types of Disclaimers

Disclaimers serve various purposes depending on the context in which they are used. Here are the most commonly used types:

  • General Disclaimer: A catch-all that states the information provided is for general purposes only and may not be accurate, complete, or up-to-date.
  • Legal Disclaimer: Indicates that content should not be taken as legal advice and no attorney-client relationship is formed.
  • Medical Disclaimer: Commonly used on health blogs and fitness apps, this disclaimer clarifies that the information is not a substitute for professional medical advice or treatment.
  • Affiliate Disclaimer: Discloses that the site may earn commissions from product links, maintaining transparency and complying with FTC guidelines.
  • Views Expressed Disclaimer: States that opinions expressed belong to the author alone and do not reflect the views of the company or institution.
  • Product Disclaimer: Used by manufacturers or sellers to limit liability for product misuse or unintended outcomes.
  • Results Not Guaranteed Disclaimer: Frequently seen in marketing and coaching services, it tells users that results may vary and are not guaranteed.

These variations help protect businesses and individuals from legal repercussions while managing user expectations.

Using Disclaimers for Applications and Websites

While you might not be familiar with disclaimers, their use in legal documents is very common. In general, there are two reasons you might want to use a disclaimer:

  1. You want to provide something with a warning.
  2. You need to limit your liability.

Providing a warning is the most common and easy-to-understand use of disclaimers.

In some cases, statutory law might back up your use of a disclaimer to warn or limit liability. In Washington state, for instance, there is a law that states people who suffer an injury at a horse-riding facility cannot sue the facility for damages. It is very common for books to include disclaimers. In particular, books that give medical advice that has not received approval by a government agency can include a disclaimer absolving the author and publisher of responsibility for the effects of using the advice.

Disclaimers have become very popular in the internet age and are frequently found on smartphone applications, computer software, and websites. The main purpose of disclaimers on these items is limiting liability for users' mistakes, although they can also serve as warnings. As with books, disclaimers are frequently used on websites that provide alternative medical advice.

Website disclaimers can cover several legal issues that can impact the owner and operator of a website, and they can serve as legal notices to website users. On websites, a disclaimer can also serve as a license that outlines the rules for using the website, which helps limit the website owner's liability. Some states have information disclosure laws, and including a disclaimer can help a website operator comply with these laws. Essentially, a disclaimer can function as a condensed version of the terms and conditions of a website.

A disclaimer can serve three important purposes on a website or mobile application:

  1. It describes when and how a person can use the website. Because the disclaimer must be copied before a person can use the website, this part of the disclaimer functions as a copyright license.
  2. It protects the owner from being held liable for the actions of the users while they are on the site.
  3. It discloses information the law might require.

When drafting a disclaimer, you can break the document into multiple sections:

  • A copyright license.
  • A clause that states which laws apply to the website and in which jurisdiction disputes related to the site must be resolved.
  • An entire agreement clause.
  • A clause for variation.
  • A liability disclaimer.
  • A section describing what information is legally required to be disclosed.

Email Disclaimer Samples and Usage

Email disclaimers are commonly used in business communications to reduce liability and ensure compliance. A good email disclaimer can:

  • Warn recipients about confidentiality obligations.
  • Deny liability for email transmission errors or unauthorized use.
  • Clarify that opinions expressed are those of the author.
  • Inform recipients of monitoring or data usage policies.

Example Email Disclaimer Sample:“This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error, please notify the sender immediately and delete this email from your system. Any unauthorized disclosure, copying, or distribution is strictly prohibited.”

It is essential that email disclaimers are clear, concise, and relevant to the industry or type of business communication. Including these in employee signatures can standardize compliance across an organization.

Tips for Writing a Disclaimer

If you want to write a disclaimer for your website, there are a few basic tips you should keep in mind:

  • You must list the date of the last time you updated your disclaimer.
  • You should include a statement about your website's purpose and that you aren't responsible for any informational errors on your site.
  • You also must state that you don't hold any responsibility for missing information.
  • State that you cannot be held responsible for any damages resulting from the use of your site, whether direct, incidental, or indirect.
  • Explain that you have the right to modify your site at any time and that you are not required to provide your users with notice of these changes.

Best Practices for Using Disclaimer Samples

When utilizing a disclaimer sample, whether for a website, software, or email, follow these best practices to ensure its effectiveness:

  1. Customize the Sample: Avoid generic language—tailor the disclaimer to your business model, services, or platform.
  2. Ensure Visibility: Make sure the disclaimer is easily accessible (e.g., in the website footer, app login page, or email signature).
  3. Comply With Local Laws: Jurisdiction-specific requirements may apply. Consult a legal professional to verify compliance.
  4. Use Clear and Understandable Language: Legal jargon may confuse users. Plain English is typically more effective.
  5. Keep It Updated: Revisit your disclaimers periodically to ensure they reflect current business practices, regulations, or risks.
  6. Pair With a Privacy Policy or Terms of Use: A disclaimer alone might not be sufficient. Use it in conjunction with broader legal documents to fully protect your business.

These practices can help ensure that your disclaimer sample does not just exist for formality but actually serves its legal and protective function.

Frequently Asked Questions

  1. What is a disclaimer sample used for?
    A disclaimer sample provides a starting point for drafting disclaimers that limit legal liability and clarify the scope of responsibility for content, services, or communications.
  2. Can I use the same disclaimer for different platforms?
    No, disclaimers should be tailored to the platform—websites, apps, emails, and product packaging each have unique legal considerations.
  3. Are email disclaimers legally binding?
    While not always legally binding, email disclaimers can reinforce confidentiality, mitigate liability, and fulfill regulatory requirements.
  4. Is it enough to copy a disclaimer from another website?
    No. Although you can use a disclaimer sample for reference, it's crucial to customize it to your business and jurisdiction.
  5. Do I need a lawyer to draft a disclaimer?
    Not always, but legal review is recommended—especially if your business operates in a regulated industry or deals with sensitive information.

If you need help with a disclaimer agreement sample, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.