legal disclaimer for business plan

10 Disclaimer Examples to Help You Stay on the Right Side of the Law (Updated 2023)

By Jimmy Marshall

Last updated on February 24, 2023

One of the best ways of getting to grips with the functions and applications of disclaimers is to consult a variety of disclaimer examples. Particularly if you plan on publishing any disclaimers personally, consulting approved disclaimer examples beforehand is the way to go.

But what is a disclaimer and where should disclaimers be used? Is it ever advisable to use an automated disclaimer generator, or is it better to learn how to write a disclaimer manually?

While disclaimers exist in a wide variety of forms, their basic purpose is usually the same. Whether it’s an important legal disclaimer or an everyday website/blog disclaimer, its purpose is to deny something and/or deny responsibility for something.

Protecting yourself and your interests from potential legal repercussions means knowing when, where, and how to use disclaimers appropriately.

What is a Disclaimer?

A disclaimer is a statement that limits your liability and is usually found on websites or apps. It can be used to protect you from any legal action that a visitor may take against you, by outlining the limits of what they can expect from using your website or app.

If you need a disclaimer, it’s important to make sure it covers all the potential liabilities of your business. This could include anything from giving advice to selling products, and even disclaiming warranties. Having a disclaimer in place will help protect you and your business if any legal issues arise.

It’s always best practice to use a disclaimer on any website or app that deals with sensitive information, as it helps to limit your liability should something go wrong.

Why is it Important to Have a Disclaimer?

It is important for small businesses to have a disclaimer in order to protect themselves from errors and omissions. A disclaimer helps inform users of any potential risks or liabilities associated with the product or service being provided by the business.

Having a disclaimer ensures that the business is not held liable for any damages resulting from products or services provided by them. Without a disclaimer, businesses could face costly legal action if something goes wrong, so it’s essential to create one as soon as possible.

Disclaimers also protect businesses from copyright infringement, so it’s important to ensure that your website or product has proper permission to use any images or content taken from other sources.

In conclusion, having a disclaimer is an important step in protecting your small business and informing users of potential risks associated with their purchase.

Free Disclaimer Generator?

Generate a disclaimer to comply with any legal or third-party requirements using this free disclaimer generator.

10 Popular Disclaimer Examples to Inspire You

The exact content and coverage of any given disclaimer will usually be 100% unique. However, the vast majority of disclaimers fall within one of the following categories:

Affiliate Disclaimer

Copyright disclaimer, fair use disclaimer.

• Confidentiality Disclaimer (for Emails)

Warranty Disclaimer

• No Responsibility Disclaimer (Liability Disclaimer)

Views Expressed Disclaimer

Investment disclaimer, no guarantee disclaimer, past performance disclaimer.

While it’s perfectly possible for there to be a degree of overlap between one or more disclaimer types, it is vital to understand how each type of disclaimer works and which meets your requirements. In addition, ensuring the content of the disclaimer is clear, concise, and unambiguous is also essential.

Let’s take a closer look at some of the most common types of disclaimers in a little more detail:

The FTC (and most good affiliate programs) requires that anyone taking part in an affiliate scheme publishes an acceptable affiliate disclaimer. At its core, an affiliate disclaimer is simply used to inform people that you are taking part in an affiliate program and stand to earn money by doing so.

An affiliate disclaimer will typically indicate that while the information and advice provided by the entity in question are predominantly objective, there may be a degree of bias due to their money-making intent.

Here’s an example of a concise affiliate statement from Amazon to illustrate the content you’re looking for:

Typically the most concise of all disclaimers, a copyright disclaimer – aka a copyright notice – simply lets others know that the material they are accessing belongs to you. A copyright notice will typically include the name of the author, the year of the copyright, the internationally recognized copyright symbol and an indication of reservation of rights.

All such information will usually be presented in a concise ‘bar’ at the bottom of the page, though must be prominent enough to be visible. Here’s an example of a copyright disclaimer:

Anyone who intends to use the work of someone else without their direct permission may need to include a fair use disclaimer, which can prevent legal action from being taken against them.

‘Fair use’ refers to the use, citation, or incorporation of another author’s work to an extent that doesn’t contribute to copyright infringement or plagiarism. For example, the content may have been used by a third party for commentary purposes, teaching, researching, news reporting, and so on.

A common example of ‘fair use’ in practice is a movie review that includes clips from the film, or the use of extracts from a copyrighted book during an English language lesson.

Here’s a fair use disclaimer used by several YouTube Channel:

Confidentiality Disclaimer

Confidentiality disclaimers are usually part of the signature line in an email, which subsequently ensures that it appears in every email communication. These email disclaimers are used to inform the recipient that the content of the email is confidential in nature and must not be shared in full or in part with anyone else.

In addition, email disclaimers can sometimes be used to warn recipients of potential computer viruses and other security risks, thus limiting the liability of the sender in the case of such scenarios.

A typical confidentiality disclaimer used in an e-mail signature line is as follows (from Fasanara Capital):

As the name suggests, a warranty disclaimer is effectively the opposite of a conventional warranty. Where issued, a warranty disclaimer informs the receiver of the product or service the provider does not offer any promises or guarantees, typically in relation to the quality, dissatisfaction, and so on.

However, all sellers and service providers are bound by certain national and international rules regarding minimum quality and safety levels for products and services offered. Therefore, a warranty disclaimer cannot be used to sidestep all responsibility on the part of the seller or service provider.

This is how Amazon words its warranty disclaimer:

No Responsibility Disclaimer

Also referred to as a disclaimer of liability, a no-responsibility disclaimer offers protection from potential repercussions in a variety of scenarios. In simple terms, to take a position of ‘no responsibility’ is to accept no liability for the consequences that may occur, due to the use of the information or resources provided on your website (as an example).

This kind of disclaimer is used to inform people that if they take any given action, they take full responsibility for the potential consequences. Most websites feature one or more no-responsibility disclaimers, as online information and resources can be interpreted and acted upon in an infinite variety of ways.

Here’s the current no-responsibility disclaimer from BCS:

One of the most important disclaimers for use in forums, blogs, and other online and offline publications, a ‘views expressed’ disclaimer distances the author or business from the content published.

The disclaimer informs readers that the content published (which may include guest posts, comments, replies, third-party entries etc.) in no way conveys the thoughts, sentiments or intents of the author, the website, or the business. This ensures that in the event any questionable or controversial content is published, the author/website is not held liable for the consequences.

Here’s a simple yet effective example of a views-expressed disclaimer:

Specifically, it is used to inform the reader that the author is not a qualified financial adviser, investment specialist, dealer, or broker and that they cannot and will not guarantee the accuracy or completeness of the information they provide.

As a result, the reader accepts complete liability for the consequences that may arise, due to their use or interpretation of the information published.

A good example of an effective investment disclaimer from SilverBarter:

Again, this means that irrespective of the outcome, the author or website accepts no liability or responsibility for the consequences. It is implied that the information/content is provided simply for reference purposes, rather than viable or valid advice to be followed.

Wikipedia has a simple yet effective no-guarantee disclaimer in place, which reads as follows:

Last up, the ‘past performance’ disclaimer is used to advise readers that future results can in no way be attributed to past performance. Hence, irrespective of the strong and successful past performance of any activity or entity, this doesn’t guarantee similar results in the future.

Past performance disclaimers are used to inform readers that in the event that they make decisions based on past performance alone, they accept full responsibility for the outcome. They are warned that such assumptions are neither advisable nor condoned by the author, therefore should be avoided.

Here’s how Maple Leaf Funds issues its past performance disclaimer:

What to Include in an Effective Disclaimer

An effective disclaimer should include a description of the limitations of the product or service being offered, as well as any potential liabilities that may arise from its use.

It should also provide a statement of warranty, and explain any disclaimers related to performance, availability, accuracy, and merchantability.

Additionally, it should list any conditions that must be met before using the product or service in question. Lastly, the disclaimer should set out the rights of all parties involved in using and accessing the product or service.

A good disclaimer will help protect both parties and ensure that their rights are respected. To help you, check out this list of important clauses to add to your disclaimer.

Limitation of Liability

A disclaimer that states that your business is not responsible or liable for any damage or loss caused by the use of your website content are a must.

This is a key component to protecting your business. You should include a disclaimer on your disclaimer page that limits your liability in case you are sued for something that occurred from the use of your website content.

Indemnification Clause

You should also include an indemnification clause in your disclaimer. This clause should state that your business is not responsible for any claims, costs, or damages that arise from the use of your website content.

It should provide protection for you in the event that a customer or other third party files a lawsuit against your business because of something related to the use of your website content.

Exclusion of Warranties

You should also include an exclusion of warranties in your disclaimer. This means that your business is not responsible for any warranties, expressed or implied, regarding the use of your website content.

This serves to protect you in the event that a customer or other third party makes a claim against your business due to a malfunction or error in the use of your website content.

Choice of Law

You should also include a choice of law clause in your disclaimer. This clause should state which jurisdiction’s laws will be used to settle any disputes that arise from the use of your website content. This is important to protecting your business from being sued in a jurisdiction that does not have the same laws as your business. 

Severability Clause

Lastly, you should include a severability clause in your disclaimer. This clause should state that if any part of your disclaimer is found to be unenforceable, the remaining parts of the disclaimer shall remain in effect.

This is important to protect your business from having the whole disclaimer ruled invalid if one part of it is found to be unenforceable.

When deciding which type of disclaimer you need, it is important to consider these components and make sure that you have all of them included in order to effectively protect your business.

By understanding the content of each component and how it applies to your business, you can create a disclaimer that will help protect your business from any legal issues that may arise.

How to Write an Effective Disclaimer 

A website disclaimer is one of the most important legal documents for any online business or website. It can help protect the site and its owners from potential legal issues arising from the content or activities on their website.

To write an effective disclaimer, it should be written in plain language so that anyone visiting the site can understand it, include a clear statement on the limits of liability, mention any applicable laws that may govern the site’s activities, and clearly identify who owns or is responsible for the website.

Additionally, disclaimers should be visible on every page of a website in order to maximize their effectiveness. By following these steps and making sure to keep your disclaimers up-to-date with any changes that occur in your business, you can ensure that your website has an effective disclaimer.

Understand Your Business

Before you can begin writing an effective disclaimer, it is important to understand your business and the types of risks it may face. Consider the products or services that you offer and the potential liabilities that they may create. Research common disclaimers in your industry to get a better understanding of what types of risks should be addressed in your disclaimer.

Consult with a Lawyer

Legal disclaimers can be complex, so it is important to consult with a lawyer to make sure that your disclaimer is accurate and legally binding. A lawyer can help you create a disclaimer that meets the legal requirements in your jurisdiction and is tailored to the needs of your business. 

Consider Your Audience

When writing your disclaimer, consider the needs of your audience. Your disclaimer should be easy to understand and written in plain language. Avoid using technical legal terms so that they can be understood by all readers. 

Write in Plain Language

When writing your disclaimer, it is important to use plain language. This means avoiding technical legal terms and using straightforward language that is easy to understand. Use simple words and sentences and avoid making assumptions about the reader’s knowledge. 

Use Clear Formatting

The formatting of your disclaimer is just as important as the content. Use clear formattings such as headings, bullet points, and white space to make the disclaimer easier to read and understand. Place a disclaimer statement at the beginning of the document so that readers can quickly identify it. 

Your disclaimer should state that the information contained in your product or service is for informational purposes only and should not be interpreted as legal advice.

It should also state that you do not assume any responsibility for any omissions or errors in the information you provide. Furthermore, you should include a disclaimer to protect yourself from any potential liabilities that may arise from the use of your product or service.

Additionally, you should include a disclaimer to limit your liability for any damages that may arise from the use of your product or service. Finally, you should disclaim all warranties, including implied warranties, regarding the accuracy and reliability of the information contained in your product or service.

It should also be noted that the information contained in your product or service may also be used for other purposes without your consent.

Final Thoughts

As a business owner, having a disclaimer on your website is essential to protect yourself from potential legal issues. The disclaimer should include information on the privacy policy and terms and conditions of using the content on your website.

It is important to update this information regularly as laws change and new risks arise. Additionally, it should be easily accessible for visitors to understand what they are agreeing to when accessing your website.

Overall, having a clear and updated disclaimer is an important part of protecting both you and your customers from any potential legal issues that could arise from the use of your website’s content.

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Small Business Trends

10 disclaimer examples.

Owning a business comes with risk, but you want to limit unnecessary risk wherever possible. A disclaimer is a simple statement that may dramatically impact your legal liability. Including one on your website footer, products, or client agreements can go a long way toward protecting your business. Here’s a guide to these statements.

What is a Disclaimer Statement?

A disclaimer is a statement that specifies or places limits on a business or individual’s legal liability. For example, a company’s disclaimer statement may state that they cannot be held responsible if their products or services are used without following instructions in the owner’s manual.

They can also be used to limit an individual’s liability when sharing tips or opinions. Some disclaimers are required by law, while others are just a good idea to prevent lawsuits or disputes. You can also create a funny email disclaimer if you don’t want to take yourself seriously.

How do I Write a Disclaimer?

Crafting a disclaimer requires a balance between clarity and comprehensiveness. A well-written disclaimer should clearly articulate the limitations of your liability and professional responsibilities. Here are key steps and tips to guide you in writing an effective disclaimer:

• Be Clear and Direct : Use simple and straightforward language to ensure that your disclaimer is easily understandable by your audience. Avoid legal jargon or complex terms that could confuse the reader.
• Specify Limitations : Clearly outline the specific limitations of your liability. For instance, if you’re providing advice, state that it shouldn’t be taken as a substitute for professional consultation. If selling products, clarify the scope of your responsibility regarding the use or misuse of those products.
• Be Comprehensive, Yet Concise : While it’s important to cover all necessary aspects, avoid making the disclaimer excessively lengthy. A concise, well-crafted disclaimer is more likely to be read and understood by your customers.
• Customize to Your Business : Generic disclaimers may not adequately cover the unique aspects of your business. Tailor your disclaimer to address the specific operations, products, or services you offer. This customization is particularly crucial if your business operates in a niche industry or provides specialized services.
• Use Disclaimer Generators as a Starting Point : Online disclaimer generator tools and templates can be a good starting point. However, it’s important to modify and adapt these generic templates to fit your specific business needs. Add or remove clauses to ensure that all aspects of your business are covered.
• Seek Legal Advice : Especially for businesses in highly regulated industries, or those dealing with complex liability issues, it’s advisable to seek legal counsel. A lawyer can help ensure that your disclaimer is legally sound and fully protective of your interests.
• Regular Updates : Keep your disclaimer up-to-date with changes in your business operations, products, services, and relevant laws. Regularly revisiting and updating your disclaimer ensures its continued effectiveness.

By following these guidelines, you can write a disclaimer that effectively minimizes legal risks, clarifies your liabilities, and aligns with your business’s operations and offerings. Remember, a well-crafted disclaimer is an integral part of your risk management strategy and contributes to building trust with your customers.

Customizing Your Disclaimer

Customizing Your Disclaimer is a critical step in ensuring that your disclaimer effectively addresses the specific risks and operations of your business. A one-size-fits-all approach is rarely sufficient. Tailor your disclaimer to reflect the unique aspects of your products, services, and customer interactions.

For instance, if your business operates online, include clauses relevant to online transactions, digital content, and user interactions. For a service-oriented business, focus on aspects like service outcomes, client responsibilities, and limitations of your professional advice. Review industry-specific legal requirements to ensure your disclaimer covers all necessary bases.

Types of Disclaimer

There are several types of disclaimers that are applicable to various individuals and businesses. When crafting your own, it helps to be specific in your searches. For example, search “trigger warning disclaimer examples,” “email disclaimer examples,” “product disclaimer examples,” or “views expressed disclaimer examples” instead of browsing through tons of generic templates.

Here are some of the most common types of disclaimers:

• Responsibility disclaimer
• Fair use disclaimer
• Past performance disclaimer
• Copyright disclaimer
• Warranty disclaimer
• Risk disclaimer
• Medical disclaimer
• Errors or omissions disclaimer

Legal Considerations for Disclaimers

Legal Considerations for Disclaimers should not be overlooked. While disclaimers are a vital tool for mitigating liability, their legal effectiveness can vary. Courts will consider the clarity, visibility, and reasonableness of a disclaimer when determining its enforceability.

Overly broad or hidden disclaimers might not hold up legally. This is particularly relevant in sectors with stringent regulations, like healthcare or finance.

Therefore, consulting with legal experts to draft or review your disclaimer is highly advisable. They can help ensure that your disclaimer is not only clear and fair but also compliant with current laws and regulations in your jurisdiction.

10 Disclaimer Statement Examples

The type of disclaimer you include on your website or other materials depends on your business and the type of liability you want to avoid. Here are some types of common disclaimers.

1. Testimonial Disclaimer

A testimonial disclaimer specifies that the experiences or results shared in a testimonial are not guaranteed. A disclaimer protects the business from unhappy clients who may believe they were promised certain results.

2. Affiliate Disclaimer

An affiliate disclaimer lets anyone using your website know that you may share links from affiliate companies. A disclaimer lets customers know that you earn a commission from these sales, allowing them to make informed buying decisions.

3. Trademark Disclaimer

Including trademarked product or brand names on your website or marketing materials may be misleading. A trademark disclaimer specifies that you are not affiliated with these other brands.

4. Copyright Disclaimer

A copyright disclaimer states that certain elements of a business, website, or other materials are protected by copyright. This may include things like photos or text within a website or app. It may also lay out how others can and cannot use these materials.

5. Views Expressed Disclaimer

A views expressed disclaimer is often used when an individual or group shares opinions within a forum associated with a business. Many organizations require or encourage employees to use these disclaimers when sharing views online.

6. Warranty Disclaimer

Warranty disclaimers state that a product or service, or any information provided by a company, is not protected by warranty.

7. Fair Use Disclaimer

U.S. law allows some copyrighted material to be used without permission if it is for education, criticism, or commentary. This type of disclaimer states your use of this material and specifies that you don’t have direct permission from the copyright owner.

8. Errors and Omissions Disclaimer

Those who share professional advice online may be vulnerable to errors and omissions lawsuits. These are especially common with things like legal advice or investment advice. These disclaimer types limit your liability if someone suffers damages due to your guidance.

9. Past Performance Disclaimer

If you share successes on your website, some could construe that as a guarantee. This disclaimer of liability states that you cannot guarantee those results.

10. Legal Disclaimer

Sharing legal advice online can open you up to lawsuits. This disclaimer states that your content is for general informational purposes so you cannot be held responsible.

Disclaimer Template

Every business needs a disclaimer to protect itself from potential liabilities and to set clear expectations for its users. While each disclaimer should be tailored to the specific business and its offerings, using a template can serve as a helpful starting point. Here’s a more comprehensive outline you can customize to suit your needs:

• General Information: The information provided on this website is intended for general informational purposes only. It should not be considered as professional advice or a substitute for seeking professional guidance.
• No Warranty: [Business name] makes no representation or warranty, express or implied, regarding the accuracy, completeness, reliability, or availability of the content on this site. The use of the information is at the user’s own risk.
• Not Financial, Legal, or Medical Advice: The content on this website does not constitute financial, legal, medical, or any other professional advice. Users should consult with the relevant professionals for specific advice related to their situation.
• Third-Party Links: This website may contain links to third-party websites or content. These links are provided for convenience only, and [Business name] does not endorse, warrant, or assume liability for the content or practices of these third-party sites.
• No Endorsement: The presence of any link or reference to a third-party website, product, or service does not imply an endorsement or recommendation by [Business name].
• No Guarantee of Results: [Business name] does not guarantee any specific results or outcomes based on the use of its products, services, or information provided on this website.
• Copyright and Intellectual Property: All content, including text, images, logos, and graphics, on this website is the property of [Business name] and is protected by applicable copyright and intellectual property laws.
• Changes and Updates: [Business name] may update, modify, or remove any information on this website without prior notice. It is the user’s responsibility to stay informed of any changes.
• Indemnification: By using this website, users agree to indemnify and hold harmless [Business name] from any claims, damages, losses, or liabilities arising from their use of the site.
• Governing Law: This disclaimer shall be governed by and construed in accordance with the laws of [your jurisdiction], and any disputes arising out of or in connection with this disclaimer shall be subject to the exclusive jurisdiction of the courts in [your jurisdiction].

Remember to review and customize this template according to your business’s specific needs and consult legal counsel if necessary to ensure it aligns with your operations and protects your interests appropriately.

Do I need a disclaimer?

Most businesses and websites can benefit from a disclaimer. They are especially useful if you include any copyrighted material or share professional advice or personal views.

Where do I put my disclaimer?

For a disclaimer to be legally viable, it must be visible to users. Many businesses put them in their website footer, a separate page, product pages, or in their terms and conditions agreement.

Updating Your Disclaimer

Updating Your Disclaimer is as important as creating it. Your business will evolve, laws will change, and new risks may emerge. Regularly review and update your disclaimer to reflect these changes. An outdated disclaimer may not offer the necessary legal protection.

A good practice is to review your disclaimer annually or whenever significant changes occur in your business model, product line, or regulatory environment. Involve legal counsel in this process to ensure that your disclaimer stays relevant and robust against emerging risks and legal shifts.

Navigating the business landscape inevitably involves managing various risks. For entrepreneurs keen on safeguarding their ventures, one key strategy is the effective use of disclaimers.

Far from being just simple statements, disclaimers serve as a crucial shield against legal liabilities and play a vital role in protecting your business’s interests.

This guide has delved into the essence of disclaimer statements, offering insights into their creation, customization, and the diverse types that cater to different business needs. The essence of a disclaimer lies in its ability to delineate the legal boundaries of a business or individual’s responsibilities.

Whether it’s stating non-liability for product misuse or setting clear parameters when offering advice, disclaimers help in pre-empting potential legal disputes and misunderstandings.

Crafting a disclaimer is not necessarily an overwhelming task. The objective is to be precise and succinct, explicitly demarcating your professional limitations and responsibilities.

While templates and generator tools offer a starting point, personalizing your disclaimer to fit your business’s unique context is key. This customization ensures that the disclaimer resonates with your specific operations and adequately addresses your liability concerns.

The range of disclaimers available is diverse, each designed to address specific legal aspects:

• Testimonial Disclaimers safeguard against expectations of guaranteed results based on customer testimonials.
• Affiliate Disclaimers maintain transparency about potential commissions on sales through affiliate links.
• Trademark Disclaimers clarify non-affiliation with mentioned trademarked products or brands.
• Copyright Disclaimers protect your intellectual property while stipulating usage rules for your content.
• Views Expressed Disclaimers dissociate personal opinions from organizational stances in professional contexts.
• Warranty Disclaimers state the absence of guarantees with your products or services.
• Fair Use Disclaimers align with copyright law for educational or critical uses of copyrighted material.
• Errors and Omissions Disclaimers limit liability for potential damages from professional advice.
• Past Performance Disclaimers clarify that historical successes don’t assure future results.
• Legal Disclaimers underscore that provided content is informational, not a substitute for professional advice.

Leveraging a disclaimer template is practical, but remember, the effectiveness of a disclaimer is significantly enhanced by tailoring it to your business’s unique operations. When in doubt, consulting with legal experts can ensure your disclaimer is not only comprehensive but also adheres to relevant laws and regulations.

In summary, integrating well-crafted disclaimers into your business practices is not just a legal formality; it’s a strategic move towards minimizing legal exposure and reinforcing the credibility and reliability of your business.

Image: Depositphotos

Explanation with examples is great. thanks

We are starting an indoor bowls club at our local village hall but not sure what to put into a disclaimer .Any help would be greatly appreciated thanks.Col Bradshaw

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How to Write a Legal Disclaimer for Your Business

Last Updated: August 31, 2023 Fact Checked

This article was co-authored by Jennifer Mueller, JD . Jennifer Mueller is an in-house legal expert at wikiHow. Jennifer reviews, fact-checks, and evaluates wikiHow's legal content to ensure thoroughness and accuracy. She received her JD from Indiana University Maurer School of Law in 2006. There are 14 references cited in this article, which can be found at the bottom of the page. This article has been fact-checked, ensuring the accuracy of any cited facts and confirming the authority of its sources. This article has been viewed 487,722 times.

Getting a legal disclaimer drafted for you can be expensive, especially for a small business owner or freelance worker. Luckily, you can learn how to write a legal disclaimer for your business on your own. A legal disclaimer is a statement intended to protect the services, information, and property (both physical and intellectual) of your business or organization. It limits the legal liability of the entity presenting the disclaimer and also protects the entity’s legal rights in its work. A disclaimer is typically a short paragraph. If you are not sure whether you have drafted a solid disclaimer, consult with an attorney.

Identifying Your Need for a Disclaimer

• Also the good provided may be both tangible and intangible. For example, you might sell paintings. A painting is both a tangible good (the canvas and paint) and an intangible good (the likeness depicted). If you created it, it also represents a service.

• Alternately, someone may rely on information you provide to their detriment. They might then want to turn around and sue you for “causing” their injury.
• Some people may also claim injury from words alone. If you write about people, those people could claim that you harmed them because the information was false and malicious. [2] X Research source Although defamation cases require the false statement to be untruthfully or negligently presented as a statement of fact, you don't want to give anyone even the possibility of a reason to try to bring a case against you. [3] X Research source
• You should also write a disclaimer if you run a social media page or website where others can leave comments, so that you cannot be held responsible for someone else's words.

• If you write, or create images or music, then you will want to assert your rights to that intellectual property. Although your copyright exists from the moment you create your intellectual property, you still want to bring that information to the attention of consumers. Registering your work creates a "paper trail" so that it is easier to prove that your property is yours. [6] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source

• Nevertheless, to protect yourself as much as possible you should still write a broad disclaimer. A customer reading a disclaimer may assume that he cannot sue you and therefore not pursue a case.

Writing the Disclaimer

• You should warn consumers of any dangers or hazards posed by your product. You should list specific risks while at the same time acknowledging that the list is not exhaustive. For example, you could write, “NOTICE OF RISK. This product [or service] can at times involve substantial risk of injury, property damage, and other dangers. Dangers peculiar to such activities include, but are not limited to, [list the dangers].” [8] X Research source
• You may want to limit the time period in which someone can return a product or seek a refund to avoid being held liable, for example, for normal wear-and-tear to the item. Be as specific as possible. For example, you might state, “We do not accept returns or exchanges after 30 days unless the item you purchased is defective. If you received a defective item, please contact us at [inset contact information] with details of the defect. You can send the item you consider defective to: [insert address].”

• You can attempt to protect yourself from liability for defamation by stating, “The information provided herein is the author’s opinion and provided for entertainment purposes only.” The key to protecting yourself is to make the reader aware that the post is opinion, not provable fact.
• If you are providing information, you might want to include a disclaimer as to its accuracy. Here is a disclaimer from the U.S. Department of the Interior: "While the Department of the Interior strives to make the information on this website as timely and accurate as possible, the department makes no claims, promises, or guarantees about the accuracy, completeness, or adequacy of the contents of this site, and expressly disclaims liability for errors and omissions in the contents of this site." [9] X Research source
• You may also want to warn others against relying on the information. If you publish information about health and medicine, for example, you may want to include a long disclaimer, stating that you are not providing medical advice and encouraging readers to seek professional medical assistance.

• For example, if you own a gym, you would include in your disclaimer language that the customer acknowledges there are certain risks inherent in using exercise equipment and that the customer assumes all responsibility for her use of the equipment. [11] X Research source
• However, you should note that a disclaimer is not likely to protect you from liability if the injury is caused to your own negligence or your failure to maintain your equipment properly.

• For example, if you provide original content created by you, you might want to state: "All content is subject to copyright and may not be reproduced in any form without express written consent of the author."
• You should note that copyright in the US is a complex legal concept and is not unlimited. For example, the "fair use" doctrine allows others to use your content in certain circumstances and under certain conditions. [12] X Trustworthy Source United States Copyright Office Part of the Library of Congress, responsible for maintaining copyright records Go to source ]

• For example, if you run a wedding planning business, you could include in your disclaimer that you cannot be held responsible for the failure of contractors (decorators, musicians, etc.) to perform their duties.
• Your liability disclaimer can extend to include third parties such as subcontractors, if you desire.

• For example, if you sell computers, you could include in your terms and conditions that you are not responsible for damage to the computer if the customer does not use it appropriately.
• If you own a coffee shop with wi-fi, you could include that you do not collect personal information over wi-fi, but that others could possibly do so. By agreeing to those terms and conditions, the customer agrees to be responsible for any information sharing if she uses your wi-fi.

• Contact information also helps generate business. If someone wants to license your image, song, poetry, or essay, then providing contact information helps facilitate that. Include language about requesting permission to use material: “The contents of all material available on this website are copyrighted unless otherwise indicated. All rights are reserved and content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of [insert your name]. Requests for permission to reuse copyrighted content should be submitted to [your address].” [13] X Research source

• Cover all of your bases. Have your legal disclaimer on any paperwork that your customer might come across to guarantee that they see it.

Sample Disclaimer

Expert Q&A

• If desired, have customers agree to your terms of service before proceeding. Thanks Helpful 4 Not Helpful 0
• Have a lawyer proof your disclaimer if you are unsure of its content or completeness. Thanks Helpful 2 Not Helpful 0
• If you have no idea what possible rights you want to protect or lawsuits you want to avoid, then search online. Thanks Helpful 1 Not Helpful 1

• If your business or service has the potential for injury to your customers (such as skydiving), a disclaimer is not adequate. Binding liability contracts should be drafted by a legal professional. Thanks Helpful 3 Not Helpful 1
• If you are unsure about the legal liability of something that you want to write, consider not writing it. Thanks Helpful 1 Not Helpful 2
• A disclaimer does not guarantee your protection from liability in the case of legal action. A disclaimer, however, does provide notice. If the consumer then decides to assume the risk, you could be protected from liability. [15] X Research source Thanks Helpful 0 Not Helpful 0

You Might Also Like

• ↑ http://www.entrepreneur.com/article/191778
• ↑ http://articles.latimes.com/2010/aug/23/nation/la-na-blogger-suits-20100823
• ↑ http://www.nolo.com/legal-encyclopedia/defamation-libel-slander-key-elements-claim.html
• ↑ http://copyright.gov/help/faq/faq-general.html#what
• ↑ http://www.uspto.gov/trademarks-getting-started/trademark-basics
• ↑ http://www.legalmatch.com/law-library/article/automobile-mechanic-liability.html
• ↑ https://www.lawinsider.com/clause/risk-warning-notice
• ↑ http://www.doi.gov/disclaimer.cfm
• ↑ http://www.wisegeek.com/what-is-a-disclaimer-of-liability.htm
• ↑ http://disclaimertemplate.com/free-gym-disclaimer-example/
• ↑ http://copyright.gov/circs/circ01.pdf
• ↑ http://www.asha.org/sitehelp/copyright/
• ↑ http://www.adamsdrafting.com/all-capitals/
• ↑ http://www.bakerdonelson.com/the-sky-is-not-the-limit-limitation-of-liability-clauses-may-be-the-solution-to-cap-your-contractual-liability-05-10-2007/

About This Article

A legal disclaimer is a short paragraph that describes any possible risks your business or products could pose to customers. It’s meant to protect you and your business from any liabilities if things don’t go as planned. Before you write one, figure out what potential liabilities you have. For example, if you sell gym equipment, you could be held liable for a customer’s injury while using one of your products. Alternatively, if you sell vacation packages, you could be held liable if a customer gets lost or injured during the trip. Once you understand your liabilities, write your disclaimer by listing the potential risks of your product or service. You might say, “Notice of risk: This product can at times involve risk of injury, property damage, and other dangers.” Additionally, if your business involves third party contractors, you could say, “We cannot be held responsible for the failure of contractors to perform duties.” To read more sample legal disclaimers from our Lawyer co-author, scroll down! Did this summary help you? Yes No

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Disclaimer for Business Plan: Legal Protection and Guidelines

The importance of a disclaimer for your business plan, understanding the role of a disclaimer.

When developing a business plan, it is crucial to include a disclaimer to protect your company from potential legal issues. Disclaimer statement limits liability clarifies purpose scope plan. It communicates to readers that the information provided is for informational purposes only and does not constitute professional advice.

Why Need Disclaimer

Without a disclaimer, your business plan could be misinterpreted as a binding contract or guarantee, putting your company at risk of legal disputes. By including a disclaimer, you can mitigate the risk of misunderstandings and ensure that your business plan is used appropriately by its intended audience.

Types Disclaimers

Case study: the importance of a disclaimer.

In a recent case, a company developed a business plan without including a disclaimer. When a potential investor used the financial projections in the plan to make investment decisions, the company was faced with a lawsuit claiming that the projections were misleading. As a result, the company incurred significant legal fees and reputational damage. Could been avoided including clear financial Disclaimer for Business Plan.

As business owner, crucial understand importance including Disclaimer for Business Plan. By clearly outlining the limitations of the information provided, you can protect your company from potential legal disputes and ensure that your business plan is used appropriately by its intended audience.

Disclaimer for Business Plan

Before proceeding with the business plan, it is important to understand the legal disclaimer associated with it. Please read following disclaimer carefully.

This disclaimer is governed by the laws of the state in which the company is registered and any disputes arising from this disclaimer shall be resolved through arbitration in accordance with the rules of the American Arbitration Association.

Legal Q&A: Disclaimer for Business Plan

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Step by Step Guide on how to Draft a Legal Disclaimer for your Business

• March 25, 2023

In today’s world, it’s important for businesses to protect themselves from legal liability by providing clear and concise disclaimers to their customers or clients. A legal disclaimer is a statement that outlines the limitations of a business’s liability and the responsibilities of the customer or client. While it may seem daunting, drafting a legal disclaimer is not as difficult as it seems. Here’s a step-by-step guide on how to draft a legal disclaimer for your business:

• Identify the Scope of the Disclaimer: Before drafting your disclaimer, you need to identify the scope of your business activities and what you want your disclaimer to cover. This could include the limitations of liability, warranties or guarantees, the use of the product or service, and any other pertinent information.
• Use Clear Language: The language in your disclaimer should be clear and easy to understand. Avoid using technical jargon or legal terms that may confuse your customers or clients. Use simple language that is easily understood by your target audience.
• Limit Liability: Clearly define the limitations of your liability. This can include limiting your liability to a specific amount or excluding liability for certain types of damages. Be specific and make sure that the language used is clear and concise.
• Be Specific: Your disclaimer should be specific to your business and the products or services you offer. This means that you should address any potential issues or risks associated with your specific industry or field.
• Use a Professional Tone: Your disclaimer should be written in a professional tone. Avoid using a defensive tone or language that could be perceived as aggressive. Be clear and concise, but also be mindful of how your disclaimer may be perceived by your customers or clients.
• Include Contact Information: Make sure to include contact information in your disclaimer, such as your business’s name, address, and phone number. This will allow customers or clients to contact you if they have any questions or concerns.
• Seek Legal Advice: It’s always a good idea to seek legal advice when drafting a legal disclaimer. An experienced business lawyer can help you identify any potential legal issues and ensure that your disclaimer is legally binding and compliant with all relevant laws and regulations.

In conclusion, drafting a legal disclaimer for your business may seem overwhelming at first, but by following these steps, you can create a clear and effective disclaimer that will protect your business and inform your customers or clients of their responsibilities. Remember to be specific, use clear language, and seek legal advice to ensure that your disclaimer is legally binding and compliant with all relevant laws and regulations. If you have any questions, please contact us at [email protected].

For inquiries or further assistance, please contact us using the information below.

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Creating a Legal Disclaimer

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Note: Want to skip the guide and go straight to the free templates? No problem - scroll to the bottom. Also note: This is not legal advice.

Introduction

Creating a legal disclaimer for a website or product is an important step for any business or organization looking to protect themselves from potential liability. In the modern digital age, where websites, social media and other forms of online communication can expose businesses and organizations to various legal risks, having a clear and unambiguous legal disclaimer is essential.

When drafting any legal disclaimer, it’s essential to consider all potential risks associated with the use of the website or product including copyright infringement, defamation, libel and privacy. Additionally, it’s crucial that any language used in the document is comprehensive and up-to-date in order to ensure enforceability. To further this goal, businesses should review their disclaimers regularly and make sure they’re always visible - either included in their terms of use on their website or printed on product packaging. It’s also important to consider how breaches will be handled when drafting such a document.

Enlisting the help of an experienced lawyer can be invaluable when creating a comprehensive legal disclaimer; someone who can provide trusted advice regarding how best to protect from potential liabilities whilst ensuring that all relevant laws are met. Here at Genie AI we provide extensive guidance for those seeking assistance with forming such documents as well as access to our community template library - completely free of charge - giving you all the tools needed for creating high quality agreements without needing a lawyer. For more information on how we can help your business create legally binding documents with our free templates today please read on below…

Definitions (feel free to skip)

Product Liability Disclaimer: A statement that limits a company’s legal responsibility for any harm caused by their product.

Warranty: A guarantee from the seller that their product meets certain standards.

Indemnification Clause: A clause that states that one party will provide compensation for losses incurred by another party.

Copyright Disclaimer: A statement that limits a company’s legal responsibility for any use of copyrighted material.

Terms and Conditions: A set of rules that explain how a product or service should be used.

Jurisdiction: The set of legal rules that apply to a certain place or area.

Risks or Liabilities: Potential risks or losses that could occur.

Guarantees or Warranties: Promises that a product or service will meet certain standards.

Scope: The range of a particular document or situation.

Legally Sound: Complying with the applicable laws and regulations.

Necessary Components: Elements that must be included in a legal document.

Third-Party: An independent person or organization not related to the two parties involved.

Clear and Obvious: Easy to understand and visible.

Platform: A medium used to display information.

Revising: Editing or changing a document.

Documenting: Recording and saving information.

Monitoring: Observing and tracking progress.

Corrective Action: Steps taken to fix a problem.

Understanding the Purpose of a Legal Disclaimer

Researching the different types of legal disclaimers, deciding which type of legal disclaimer is most appropriate for your needs, identifying the necessary components of a legal disclaimer, reviewing relevant laws and regulations, noting any specific terms or conditions that must be included in the disclaimer, deciding what type of legal disclaimer to use, determining the scope of the disclaimer, selecting which type of disclaimer is most appropriate, writing the legal disclaimer, relying on legal expertise to craft the disclaimer, ensuring that the disclaimer is legally sound and includes all necessary components, testing the legal disclaimer, utilizing a third-party to review the disclaimer, confirming that the disclaimer meets the criteria set out in relevant laws and regulations, displaying the legal disclaimer, deciding how to present the disclaimer in a clear and obvious fashion, choosing the best platform for displaying the disclaimer, revising the legal disclaimer, if necessary, reviewing the disclaimer periodically to ensure accuracy, updating the disclaimer as needed to account for changes in relevant laws and regulations, making sure the disclaimer is always up-to-date, creating a record of the legal disclaimer, documenting the disclaimer and its publication date, storing the record of the disclaimer in a secure location, ensuring compliance with the legal disclaimer, monitoring how the disclaimer is used and followed, taking corrective action if necessary to ensure the disclaimer is being observed, educating users about the legal disclaimer, creating materials to inform users of the legal disclaimer, making sure users understand their rights and responsibilities under the disclaimer, ensuring that users are aware of the legal consequences of not following the disclaimer, get started.

• Familiarize yourself with the purpose of a legal disclaimer
• Understand what types of information should be included in a legal disclaimer
• Consider the specific needs of your business and the laws that might be applicable
• Research existing legal disclaimers to get an idea of the language and structure typically used
• When you feel comfortable with the purpose and structure of legal disclaimers, you can move on to the next step.
• Research existing legal disclaimer templates
• Understand the purpose of each type of disclaimer, such as a copyright or liability disclaimer
• Read up on relevant legal laws and regulations, such as consumer protection laws
• Understand the differences between the various types of disclaimers
• Determine which type of disclaimer is most appropriate for your needs
• Read up on case law and rulings related to disclaimers
• When you feel confident in your understanding of the different types of legal disclaimers, you can move on to the next step.
• Research the different types of disclaimers, such as warranties, indemnity and limitation of liability, and decide which type best suits your needs
• Consider the purpose of your disclaimer and the risks associated with it
• Consult a lawyer if necessary to ensure your disclaimer is legally binding
• When you are satisfied that you have chosen the most appropriate type of legal disclaimer for your needs, you can move on to the next step.
• Research the components of a legal disclaimer that are relevant to your particular circumstances
• Consult with a lawyer to ensure that your legal disclaimer covers all the necessary components
• Make sure to include any applicable limitations of liability or other language that is relevant to your business
• Make a list of all the elements that should be included in your legal disclaimer

Once you have identified all the necessary components, you can move on to the next step - reviewing relevant laws and regulations.

• Research the applicable law and regulations that apply to your business and product/service
• Make sure to look at case law, especially for any evolving legal requirements
• Understand the jurisdiction and the laws that must be followed
• Consult a lawyer for any advice relevant to your product/service and the applicable laws
• Determine the legal obligation of your business and the potential legal implications of the product/service
• When you have a comprehensive understanding of the legal requirements that apply to your business and product/service, you can check this step off your list and move on to noting any specific terms or conditions that must be included in the disclaimer.
• Review the relevant laws and regulations and determine which terms and conditions should be included in the disclaimer
• Consider if the site collects personal data, and if so, whether the disclaimer should include a section on data protection
• Consider if the site offers services or sells products, and if so, whether the disclaimer should include a section on liability
• Make a list of all the necessary terms that should be included in the disclaimer
• Once all the necessary terms have been identified and added to the list, you can move on to the next step.
• Consider your legal needs and the type of disclaimer that will provide the necessary protection
• Research the different types of legal disclaimers, such as liability disclaimers, warranties, indemnity clauses, and more
• Decide which type of disclaimer is most appropriate for your situation and needs
• When you have selected an appropriate type of legal disclaimer, you can check this off your list and move on to the next step.
• Determine the scope of your disclaimer by examining the purpose of your website or product and its potential risks
• Consider the types of services, information, or products you are providing, and the ways in which they might cause harm
• Analyze any applicable laws or regulations that may affect your business or website
• Determine which aspects of your business or website need a legal disclaimer
• Consider the geographical area of your business or website and any laws or regulations that may apply to that area
• When you have a clear understanding of the scope of your disclaimer, you can check this off your list and move on to the next step.
• Research and compare the different types of disclaimers, such as for warranties, copyright/intellectual property, or liability/risk
• Consider which type of disclaimer is most suitable for the purpose of your website/product/service
• Make sure the disclaimer fully covers the scope of the website/product/service
• When you have selected the most appropriate disclaimer, you can move on to the next step of writing the actual disclaimer.
• Start by including a statement of the purpose of the disclaimer
• Clearly state which laws will apply to the disclaimer
• Outline the limitations of liability for the organization
• Make sure to include an indemnification clause
• If you are providing services, make sure to include a service disclaimer
• Include a copyright statement
• Make sure the disclaimer is easily accessible to all intended users
• When applicable, be sure to include a choice of law clause

Once you’ve written the legal disclaimer and are satisfied with the content, you can move on to the next step.

• Consult a lawyer to ensure the disclaimer is legally sound and covers all the necessary components
• Request the lawyer to provide a template or sample that meets the needs of the business
• Ask the lawyer to review the disclaimer and provide feedback
• Make any necessary changes to the disclaimer based on the lawyer’s feedback

Once the lawyer has reviewed the disclaimer and all necessary changes have been made, the step can be checked off the list and the next step can be completed.

• Research legal requirements for the disclaimer in your jurisdiction
• Ensure that the language of the disclaimer is clear and easy to understand
• Make sure the disclaimer includes all necessary elements as required by law
• Ask an attorney for help if needed
• Once you are satisfied that the disclaimer is legally sound and includes all necessary components, you can move on to the next step.
• Read the legal disclaimer aloud to yourself to make sure it’s clear and concise
• Have a colleague or friend review the disclaimer to see if they understand it and if it’s clear
• Utilize a tool like Grammarly to make sure there are no typos or grammatical errors
• Have a lawyer review the disclaimer to make sure it is legally sound
• Once it has been reviewed by yourself, a colleague, a lawyer, and a grammar tool, you can be confident the disclaimer is ready for use.
• Research potential third-party legal services that specialize in reviewing disclaimers
• Contact the services to compare fees and services offered
• Make sure the service meets the needs of your project
• Make sure the service has experience in the legal field and is licensed to practice in your jurisdiction
• Request samples of disclaimers they have created or edited in the past
• Select the service that best meets your needs and budget
• Provide the service with the initial draft of your disclaimer
• Receive a completed draft from the service and review it against the criteria set out in relevant laws and regulations
• When satisfied, the disclaimer is ready for implementation
• Check this off your list and move on to the next step: Confirming that the disclaimer meets the criteria set out in relevant laws and regulations.
• Research the legal requirements for a disclaimer in the applicable jurisdiction(s)
• Confirm that your disclaimer meets those criteria
• Consult with a lawyer or other professional to ensure the disclaimer is legally compliant
• Confirm the accuracy of any references to laws, regulations, or other legal documents
• Ensure that you have excluded any content that could be considered as legal advice
• When you are confident that the disclaimer meets the criteria set out in relevant laws and regulations, you can check this off your list and move on to the next step.
• Determine where the disclaimer should be displayed, such as a website footer or a terms and conditions page
• Create a text document to store the disclaimer in
• Write the disclaimer in plain language, making sure to cover all relevant topics as required by law
• Format the disclaimer in a way that’s easily readable for users
• Test the disclaimer to make sure it’s displaying correctly in the chosen location
• When the disclaimer is displaying correctly, move on to the next step in the guide.
• Research on where and how to display legal disclaimers, such as using a popup window, a single page on the website, or in the terms and conditions document
• Consider how to make the disclaimer stand out or be more visible, such as using a specific font size or color
• Ensure that the disclaimer is written in plain language so that it’s easy to understand and not overly legalistic
• Check that the disclaimer is legally compliant and reflects applicable laws in the relevant jurisdiction
• Once you have decided on how to present the disclaimer in a clear and obvious fashion, you can move on to the next step.
• Determine the best platform for displaying the legal disclaimer. Consider which platform the user is most likely to visit and which platform will be best for displaying the disclaimer in a clear and obvious fashion.
• Consider if it’s best to display the legal disclaimer as a page on your website or as a link in your main menu.
• Consider displaying the legal disclaimer as a link on your website’s footer.
• Ensure that the legal disclaimer is located in a prominent place and is visible and easily accessible to visitors.
• When you’ve determined the best platform for displaying the legal disclaimer, you can move on to the next step.
• Review the legal disclaimer to ensure accuracy and make any necessary revisions
• Review the legal disclaimer for any terms or language you need to change or update
• Check with a lawyer or legal professional to make sure the disclaimer is accurate
• Make any necessary changes to the language of the disclaimer
• When you are satisfied that the legal disclaimer is accurate, you can move on to the next step.
• Set up a specific schedule for reviewing the legal disclaimer at least once a year
• Make sure to review any changes in relevant laws and regulations that may affect the terms of the disclaimer
• Have someone on the legal team review the disclaimer to make sure it is still accurate and up-to-date
• When you have finished the review, make sure to update any changes in the disclaimer and then move on to the next step
• You’ll know you have completed this step when the legal team has reviewed the disclaimer and any changes have been made.
• Research legal developments in the relevant jurisdiction to ensure the disclaimer is up-to-date
• Monitor changes in relevant laws and regulations to identify any updates needed
• Make changes to the disclaimer as needed to reflect changes in the law
• Have an attorney review the disclaimer for accuracy
• Check the disclaimer against existing laws and regulations to ensure accuracy
• Publish the updated disclaimer on your website/app/service
• When you are confident the disclaimer is up-to-date, you can move on to the next step
• Set up a reminder to review the legal disclaimer at least once a year
• Use a calendar or task manager to set a reminder for this
• When the reminder pops up, review the disclaimer and make sure all the legal information is still accurate
• If necessary, update the disclaimer with any changes and save the new version
• Check off the task or delete the reminder when you’ve completed the review
• Create a document to store your legal disclaimer, such as a Word document.
• Include the date when the legal disclaimer was created and the date of the most recent update.
• Include the full text of the legal disclaimer in the document.
• Save the document in a secure location.
• Once the document has been created and saved, you can check this step off your list and move on to the next step.
• Ensure the legal disclaimer is clearly stated in the document
• Include the date the disclaimer was published
• Make a note of the date the disclaimer was published
• Ensure the date is in a format that is easy to read and understand
• Once the legal disclaimer has been documented and the date of publication is noted, the task can be checked off the list and the next step can be completed.
• Save a copy of the legal disclaimer on a secure server or USB drive.
• Ensure that any sensitive information is encrypted if stored on a server.
• Test the security of the server or USB drive regularly.
• Once you have stored the record of the disclaimer in a secure location, you can check this step off your list and move on to the next step.
• Review the disclaimer to make sure it meets all local, state, and federal laws.
• Make sure that the disclaimer is clear and easy to understand for the reader.
• Distribute the disclaimer to all staff, and make sure that everyone understands the disclaimer and agrees to comply with its terms.
• Post the disclaimer prominently on the website or in any other public areas where it can be seen by customers or other visitors.
• Monitor how the disclaimer is used and followed, including how it is presented to customers and the public.
• Keep records of all disclaimers and their usage.

Once you have reviewed the disclaimer to make sure it meets all legal requirements, distributed it to all employees, posted it in public areas, and monitored its usage and followed, you can check this step off your list and move on to the next step.

• Monitor your website, emails, or other communications to ensure the disclaimer is being used and followed.
• Track how users interact with the disclaimer to ensure they are properly understanding and complying with it.
• Check any feedback or customer reviews to see if any issues arise regarding the legal disclaimer.
• Once you’ve monitored the usage of the legal disclaimer for a period of time, you can move on to the next step.
• Monitor the use of the disclaimer on your website or product to ensure it is being followed
• Investigate any reported violations of the disclaimer and take corrective action as needed
• Update the disclaimer or terms of service as needed to reflect any changes in the law
• Make sure all users are aware of the disclaimer and its implications
• When you’ve taken all necessary corrective action, checked that the disclaimer is being followed, and updated it as necessary, you can move on to the next step.
• Create an informational document that outlines the legal disclaimer and what it means for the users of the website.
• Set up a knowledge base or FAQ page that answers questions related to the legal disclaimer.
• Distribute the legal disclaimer and any related materials via email, social media, and other channels.
• Make sure everyone who is responsible for the website is aware of the legal disclaimer.

Once you have done all of the above, this step is complete and you can move on to the next step.

• Gather the necessary information for the legal disclaimer
• Draft the language for the disclaimer
• Choose a format for the disclaimer (e.g. website, email, letter, etc.)
• Use clear, concise language to write the disclaimer
• Include any required legal information
• Proofread the disclaimer to ensure accuracy
• When finished, make sure the disclaimer is easily accessible to users
• Once the materials are complete, check this off your list and move on to the next step.
• Ensure that users are aware of the legal consequences of not following the disclaimer
• Outline the rights and responsibilities of users that are included in the disclaimer
• Provide clear examples to help users understand the content of the disclaimer
• Include a clear explanation of what would constitute a breach of the disclaimer
• Allow users to acknowledge they understand the disclaimer and agree to the terms
• Test the acknowledgment process with a sample group to make sure users understand their rights and responsibilities
• Once users have acknowledged the disclaimer, you can move on to the next step.
• Draft a section of the disclaimer which outlines the potential legal consequences of not following the disclaimer
• Research applicable laws and regulations relevant to the disclaimer
• Use clear, concise language to explain the legal consequences
• Make sure that users are aware that failure to follow the disclaimer can result in legal action
• When the section of the disclaimer is complete and contains accurate information, you can check this off your list and move on to the next step.

Q: What is the difference between a Legal Disclaimer, Terms of Service and a Privacy Policy?

Asked by Sarah on March 15th 2022. A: A Legal Disclaimer is a document which informs users of your website or service of any legal liabilities or obligations they have. It is typically used to notify website visitors of your intellectual property rights, and any limitations of liability you may have. A Terms of Service document outlines the rules and regulations of using your website or service, including any acceptable use policies, and how users can access your service. A Privacy Policy is a document which outlines how you collect, store and use the personal data of your users or customers. Generally, a Legal Disclaimer will be used in combination with other legal documents such as Terms of Service and a Privacy Policy to ensure that you are compliant with applicable laws and regulations.

Q: How do I create a Legal Disclaimer tailored to my specific industry sector?

Asked by Rebecca on May 4th 2022. A: When creating a Legal Disclaimer tailored to your specific industry sector, it is important to understand the applicable laws in the jurisdiction where you are operating, as well as any specific regulations governing your industry. For example, if you are operating a software-as-a-service (SaaS) business, you may need to include provisions regarding software licensing and intellectual property rights in your Legal Disclaimer. It is also important to consider any additional legal requirements for your particular business model, such as rules around data collection and storage for customers who are located in different jurisdictions. Once you have determined what needs to be included in your Legal Disclaimer for your particular sector, it is then important to ensure that the language used is tailored for your users and customers in order to ensure that they understand their rights and obligations.

Q: What are the different types of disclaimers I can include in my Legal Disclaimer?

Asked by Michael on April 5th 2022. A: There are many different types of disclaimers which can be included in a Legal Disclaimer depending on the particular needs of the business or website. Commonly included disclaimers can include warranties and liabilities disclaimers, intellectual property disclaimers, data collection/privacy disclaimers, and terms of use disclaimers amongst others. Depending on the sector or business model being operated, additional disclaimers may need to be included such as disclaimers related to software licensing or medical advice when operating in certain industries. It is important to ensure that all necessary disclaimers are included in order to protect your business from potential liabilities or disputes related to any losses caused by its services.

Q: Can I create a single Legal Disclaimer for my business which covers multiple countries?

Asked by Matthew on July 11th 2022. A: While it is possible to create a single Legal Disclaimer which covers multiple countries, it is important to note that each country has its own laws and regulations which you will need to take into account when creating the document. For example, there may be differences between US and EU law regarding data protection or intellectual property rights which would need to be addressed when creating a single Legal Disclaimer for both regions. Additionally, it may be necessary to provide additional information for customers located in certain countries due to local laws or regulations which may not apply in other countries. As such, it is generally recommended that businesses create separate Legal Disclaimers for different jurisdictions when possible in order to ensure full compliance with applicable laws and regulations.

Q: Is it necessary for me to get legal advice when creating my Legal Disclaimer?

Asked by Jessica on August 9th 2022. A: It is generally recommended that businesses seek legal advice when creating their Legal Disclaimer in order to ensure full compliance with applicable laws and regulations in their jurisdiction. Experienced lawyers will be able to provide tailored advice concerning any specific requirements or regulations applicable to their sector or business model which may not be obvious when researching online resources or guides such as this one. Additionally, they will be able to advise on any potential liabilities which could arise out of using certain wording or language which could potentially lead to disputes down the line if not addressed correctly at the start.

Q: What steps should I take before creating my Legal Disclaimer?

Asked by John on June 17th 2022. A: Before creating your Legal Disclaimer there are several steps you should take in order to ensure that it covers all relevant areas and provides adequate protection for your business from potential liabilities or disputes related to your services:

• Research applicable laws in your jurisdiction – This should include researching any relevant local legislation relating specifically to your sector as well as any general consumer protection laws which could apply;
• Understand the needs of your customers – It is important that all relevant customer rights are taken into account when drafting the document;
• Consider potential liabilities – Consider any potential liabilities that could arise from offering certain services or products;
• Get legal advice – If necessary, seek legal advice from an experienced lawyer who can provide tailored advice based on their knowledge of local laws;
• Review other documents – Review other documents such as Terms of Service, Privacy Policies etc., so that all relevant areas are covered;
• Test & edit – Once complete it is important that all wording is tested for clarity and accuracy before publishing online;
• Ensure compliance – Finally ensure full compliance with applicable laws before publishing online so that customers’ rights are fully respected at all times.

Example dispute

Suing a company for breach of legal disclaimer.

• Review the legal disclaimer provided by the company to determine if the company has breached any of the terms.
• Identify any action or activity by the company that could be seen as a violation of the terms of the legal disclaimer.
• Consult with a lawyer who specializes in civil law to determine the legal basis for the lawsuit and assess any potential damages.
• File a complaint with the court which references the legal disclaimer, the actions that were taken by the company which violated the terms, and any potential damages.
• During discovery, the company will be required to produce documents and answer questions under oath.
• Negotiate a settlement or go to trial, where the plaintiff must prove that the company has breached the legal disclaimer and is liable for damages.
• If the plaintiff wins the lawsuit, the court will award damages to the plaintiff in the form of money or other compensation.

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Disclaimers are legal texts that offer businesses protection from legal liability. While disclaimers can provide some level of protection, they do not completely shield a company from legal claims. Disclaimers are just one factor that may be considered by a court in determining liability. They shield a company from legal claims associated with user and third-party risk. In general, customers must usually agree to all terms and conditions before using a product or service. While it is common for businesses to require customers to agree to terms and conditions, it is not always a legal requirement. Whether or not a customer is required to agree to terms and conditions depends on various factors, such as the jurisdiction and the nature of the transaction.

In this article, we’ve shared what business owners should know about disclaimers in general:

What is a Disclaimer?

Disclaimers are legal texts that offer businesses protection from legal liability. They shield a company from legal claims associated with user and third-party risk. In general, customers must agree to all terms and conditions before using a product or service.

Here is an article which also defines disclaimers.

What is a Disclaimer Used For?

A disclaimer is used to protect your company from claims. You can utilize a disclaimer to limit the scope of your rights and responsibilities. Both parties can exercise and enforce these terms in a contractual relationship.

A disclaimer is also vital to protect you from third-party claims. They’ll let your users know that you’re not responsible for any damages related to the use of your website, services, products, and those with whom you affiliate.

What a Disclaimer Doesn’t Cover

If a consumer files a legal claim against your company, your disclaimers will provide you with the legal lifeline you need. However, disclaimers don’t shield you from acts of gross negligence . The level of negligence required to overcome a disclaimer may vary depending on the jurisdiction.

For example, if you’re a SaaS provider, you must ensure that you’re working in good faith to guarantee system uptime. This guarantee means that you’re upgrading equipment, conducting routine maintenance, and more. Customers can hold you liable for their associated losses when the system goes down too frequently due to carelessness.

Types of Disclaimers

Contract law offers flexibility when it comes to using disclaimers. As such, there are several types of disclaimers that a business might want to know about and use.

Below, we’ve described ten different types of disclaimers:

Type 1. Third-Party Disclaimers

Most websites include links to other websites or services. It’s a way for the website to earn credibility, increase traffic, or build a brand.

These “third-party services” usually sponsor affiliate links strategically to generate revenue. This disclaimer informs users that your site contains third-party links, and users click them at their own risk.

Type 2. Warranty Disclaimers

Websites most often use warranty disclaimers. These disclaimers state what the website does and does not promise to users. They also acknowledge that you aren’t responsible for claims arising from service unavailability.

Type 3. Limitation of Liability Disclaimers

A limitation of liability specifies the extent of your responsibilities and obligations. This disclaimer is essential for safeguarding your website if a user encounters issues while using your site. Limitation of liability disclaimers make it clear that subsequent damages are not your fault.

Type 4. Industry-Specific Disclaimers

General liability disclaimers do not apply to all websites. Think about including industry-specific disclaimers if you have a website or blog that offers tips, advice, or sells products in certain types of industries that have industry-specific rules, regulations, or laws governing professional services:

Governing bodies and associations generally determine which disclaimers are necessary. Check with their offices if you have questions about your requirements.

Type 5. Shipping Disclaimers

Shipping disclaimers are for eCommerce websites that ship their products to customers. A shipping disclaimer limits your liability when something goes wrong, such as damage and delays, beyond your control.

Type 6. Product Return Disclaimers

Product return disclaimers, like shipping disclaimers, outline restrictions that apply to customer returns and exchanges. For eCommerce stores, it’s a must-have.

They’re usually found in a Return Policy. Some stores have many restrictions, while others have few. Others, such as final sale items, allow returns, and others don’t.

Type 7. Expressed Opinions Disclaimer

Expressed opinions disclaimers inform users that the author’s views and opinions are solely their own. They generally release a publisher from claims. Otherwise, readers might reasonably assume the opposite.

Type 8. Past Performance Disclaimer

Past performance disclaimers protect a company from former outcomes. For example, diet supplements may describe an average weight loss for a control group but don’t guarantee the same results for every customer. While the product or service works as intended, a company cannot become liable for every failure.

Type 9. Professional Advice Disclaimers

Advice from authors, doctors, lawyers, accountants, and business owners use disclaimers to protect themselves from specific legal actions. Professional advice disclaimers are helpful if users misinterpret published materials as guidance for their unique situation.

Many businesses purchase general or professional liability insurance to protect them after being hired. Your insurance company may require your customers to sign a release of liability with a release clause for enforceability purposes.

Type 10. Errors & Omissions (E&O) Disclaimers

Another major issue that many unwitting website owners face is accuracy. It’s common to publish factual errors and misleading content, but it exposes you to liability even when it’s unintentional. Use an errors & omissions disclaimer to protect you from these types of claims.

Image via Pexels by Karolina

What’s Typically Included in Disclaimer Language?

Disclaimer language typically includes terms and conditions that limit company liability. However, it’s hard to imagine what that looks like if it’s your first time drafting one.

Every disclaimer is unique, which means that the language in each one is different. As such, the best approach understands what type of disclaimer you need and shaping it based on the principles below:

Relevant Terms and Conditions

Disclaimer language typically includes information that is suitable for the specific situation. It should also be relevant to the end-user or customer.

Clear Legal Language

It’s wise to make your disclaimer clauses unambiguous. There’s an ongoing misnomer that complicated agreements are better. This assertion isn’t true.

Transparent terms and conditions help users quickly find information that they need. This simple feature alone can avoid many future problems.

Application Matters

It would help if you also prioritized a full review of your disclaimers before publishing. Analyze the text to ensure that words cannot be misapplied or misunderstood.

People often misinterpret information, which isn’t your fault, but you can lessen the chance of dealing with a complaint in the first place.

Fact-Based Wording

Ensure that your disclaimers are factual. You also can’t apply disclaimers to non-legitimate business purposes and still expect them to achieve enforceability. Write your disclaimers so that they are accurate, honest, and fact-based.

Disclaimer Examples

Knowing which type of disclaimer to use is one of the most challenging aspects of using one. How would you know if you have the right kind? We recommend, at a minimum, reviewing real-life disclaimer examples to help you solidify your understanding, especially for more complicated situations.

Here’s an example of how a lawyer would apply a disclaimer to their website:

• Marc is a lawyer in New Mexico
• He is building a website for his law firm
• Marc plans to share legal information that attracts website visitors
• He’s concerned about visitors interpreting his website as legal advice
• Marc limits his liability by placing a disclaimer in the footer of his website
• He decides to use an industry-specific disclaimer for lawyers
• The legal industry uses professional advice disclaimers in general
• Visitors understand that they may not sue Marc for his website content when he applies a professional advice disclaimer to his website

Take the guesswork out of creating a disclaimer. Hire business lawyers or contract lawyers to help you draft your to help you prepare a myriad of liability waivers .

They’ll not only help you work through crucial legal issues, but they’ll also help you handle the process entirely. From offering thoughts on a consent form to the contract signing, speak with a legal professional for the best result.

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Jason has been providing legal insight and business expertise since 2001. He is admitted to both the Virginia Bar and the Texas State Bar, and also proud of his membership to the Fellowship of Ministers and Churches. Having served many people, companies and organizations with legal and business needs, his peers and clients know him to be a high-performing and skilled attorney who genuinely cares about his clients. In addition to being a trusted legal advisor, he is a keen business advisor for executive leadership and senior leadership teams on corporate legal and regulatory matters. His personal mission is to take a genuine interest in his clients, and serve as a primary resource to them.

Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.

www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and top reviews.

I have been practicing law for more than 7 years in Maine and have owned my law practice, Dirigo Law LLC, since 2020. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.

Sam Widdoes has practiced law in California since 2014. He began his career as a litigation associate at a boutique firm in Los Angeles, and founded a production development company with a partner in 2017. Since then, Sam has served as the head of business and legal affairs at District 33, while working hand-in-hand with writers, directors and actors to develop, pitch and produce scripted and unscripted content. In that role, Sam produced the documentary series BLACKBALLED for Quibi/Roku, and will produce the upcoming documentary feature AS WE SPEAK directed by J.M. Harper for Paramount+/MTV, and the doc series THE BLACK BOX for MRC and XYZ Films. He is also the executive producer of an upcoming limited series with CBS TV starring Judith Light and Noah Wyle called SHADOWS IN THE VINEYARD, and a feature comedy for Spyglass Entertainment, among other projects. In early 2022, Sam opened WIDDOES LAW, APC, after recognizing a need for experienced legal services in the unscripted and documentary spaces. Since opening his own practice, Sam has advised producers, editors, directors and rights holders on a variety of agreement negotiations, including option purchase contracts, collaboration agreements and documentary producer deals. Sam also serves as production counsel for several documentary features, series and short films, and will draft, negotiate and advise on all legal aspects of the projects, including financing, production and distribution. Sam earned his Juris Doctor from The Catholic University of America, Columbus School of Law in 2013, where he graduated on the Dean's List and as a member of the Society of Trial Advocates. He holds a BA in journalism from the University of Richmond, and sits on the Board of Trustees at Turning Point School in Culver City, California. Sam is passionate about quality storytelling, and supporting those with the vision and drive to share their stories with the world.

Robert is a skilled corporate lawyer, licensed to practice law in NY and DC. He has over 25 years of experience, with a focus on Venture Capital, Private Equity, M&A, General Business Law and Company Formation. Robert brings business side experience to every legal transactions. This allows him to shape a client's legal needs around its business goals to drive success in an effective and efficient manner.

I’m a New York based attorney with substantial experience in media and art law, corporate structuring and commercial contracts. For the past several years, I have been advising startups and new business on their legal needs, with a special focus on tech and entertainment.

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Writing a Business Plan Confidentiality Statement

Free Confidentiality Statement Template (NDA)

Ayush Jalan

• December 12, 2023

Every company has a unique identity that sets it apart from its rival companies in the industry.  It is a combination of various aspects: The way you set your goals , your marketing strategy, your manufacturing process, or your entire business plan.

As crucial as it is to create a business plan that helps you stand out, it is perhaps just as crucial to protect your plan from any potential intellectual property theft. This is where a confidentiality statement for your business plan helps you safeguard your valuable assets.

A business plan confidentiality statement is a document that states that the information disclosed to the recipient can’t be disclosed to anyone outside the agreement. It is an agreement made between two parties before they enter a deal or exchange any sensitive information which is confidential.

Why Do You Need a Confidentiality Statement?

Even though trust is essential between partners or investors, there’s always a need to stay cautious while handing over your business plans. Even though the organization you plan to work with values confidentiality, everyone involved in it may not.

Your business plan is one of the most elaborate and classified documents. Before disclosing any information, the first and foremost thing is to sign a confidentiality statement. This will avoid the misuse of any information disclosed between the two parties.

How Does a Confidentiality Statement Protect You?

When a confidentiality statement is signed, it is agreed by both parties that they will not expose any of the information that is discussed or presented in the business plans. Additionally, the document should also mention the penalties in case of a violation of the agreement.

If the other party violates the statement of confidentiality, you can proceed legally and receive compensation for the damages you had to bear because of the violation. As per the contract, the compensation is paid.

The absence of a confidentiality statement is an invitation for others to use parts of your business plan. Although copyright laws can help you claim most of your information, some, still, stay unprotected.

Creating a Confidentiality Statement for the Business Plan

Most companies include a brief confidential statement on their business plan cover page. Although it is not a requirement, it delivers a quick message that the document is highly classified. Furthermore, it is essential to create an exclusive document.

To write a stringent confidentiality statement for your business plan, these are the elements that you must include:

1. Date of Effect

The date of effect is the date from which the confidentiality statement becomes active. An agreement is not valid until all the parties sign it; the date of effect follows this.

2. Parties Involved in the Agreement

It is crucial to specify the parties that will sign the agreement. If someone, you want as a part of the confidentiality statement, hasn’t signed it, they’re not bound by the clauses mentioned in the document.

For instance, two companies are getting into a contract, and the CEOs, representing the entire company, are signing the document, it is essential to mention that all employees are also bound by the agreement even when they haven’t signed it.

3. Agreement Terms

Describe and mention all the terms that both parties are agreeing to. This is a crucial part of the agreement and hence, requires confidentiality. Anything that isn’t included is not protected.

Here, you can also include that the recipient needs written consent from the disclosing party—the owner of the information, in case any information needs to be disclosed to a third party who isn’t a part of the statement of confidentiality.

4. The Non-Confidential part

Along with mentioning the confidential part of your business plan, you also mention the non-confidential part of the agreement. In most cases, there’s a lot of information that is acquired from other sources. This information won’t show under confidential.

Information relevant to the receiving party won’t list under confidential, some of these are:

• The information they owned before the agreement
• If they legally received it from another source
• The information they need to disclose in a lawsuit or administrative proceeding
• If they have developed or are developing the information.

5. Consequences in case of Agreement’s breach

Here, you mention all the legal consequences that will follow if the receiving party violates the agreement. This can include the procedure and the monetary penalties. According to the uniqueness of the information exposed, the compensation can vary.

6. Limits of the Usage of Information

The objective of a statement of confidentiality is to restrict the usage of the information that is disclosed to the recipient. Here, you mention the extent to which the information can be used. Also, specify the standard of security that needs to be followed while handling confidential information.

7. Date of Termination

Every agreement has an expiry date, after which both parties are free of the binding clauses. This termination date is set based on various factors like the end of the partnership , the end of a project or an event, or simply the end of the period mentioned in the agreement.

8. Miscellaneous Clauses

This part of the agreement is usually at the end of the document, which includes any other clauses that don’t necessarily fit into the above categories, but the owner of the information wants to include.

9. Signatures of all Parties

Clearly, this is the most important part of an agreement. Without the signatures of all the parties, the document is pointless and of no value. The agreement, as mentioned previously, can’t go into effect unless everyone involved signs it.

We have written a confidentiality statement example for you, including the above-mentioned elements. This will help you get a better understanding of how to write a confidentiality statement for your business plan.

Business Plan Confidentiality Statement Example (Key Points)

This BUSINESS PLAN NON-DISCLOSURE AGREEMENT (hereinafter known as the “Agreement”) between ______ (hereinafter known as the “Company”) and ________ (hereinafter known as the “Recipient”) becomes effective as of this ____ day of ____, 20___ (hereinafter known as the “Effective Date”).

Article III: Term

– The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect in perpetuity. – The Recipient’s obligations of non-use and non-disclosure concerning Confidential Information will remain in effect for ____ years from the Effective Date.

Article VIII: Governing Law

This Agreement shall be governed by the laws of the State of ____________, without regard to conflict of law principles.

Article XII: Notices

Company’s Address ______________________________

Recipient’s Address ______________________________

Representative Signature: Date: Representative Printed Name: Representative Title:

Recipient Signature: Date: Recipient Printed Name:

Protect Your Information with a Confidentiality Statement

As a business owner, it is a duty to protect your ideas and marketing strategies . Create a confidentiality statement for your business plan and ensure that your business interests are safe and in good hands.

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About the Author

Ayush is a writer with an academic background in business and marketing. Being a tech-enthusiast, he likes to keep a sharp eye on the latest tech gadgets and innovations. When he's not working, you can find him writing poetry, gaming, playing the ukulele, catching up with friends, and indulging in creative philosophies.

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Charting Your Course: Crafting a Winning Real Estate Business Plan

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Real Estate Business Plan Template: How to Write a Real Estate Business Plan for Real Estate Agents with Examples

Kristal Sepulveda, CPA

April 30, 2024

Starting a real estate career opens up a world of opportunities for you to develop a successful and rewarding career. With over 1,162,364 Real Estate Sales & Brokerage businesses operating in the US as of 2023, the industry is vibrant and full of potential.

But the prospect of navigating a competitive market and managing financial uncertainties, such as a commission-based income structure, can be intimidating. What if there's a powerful tool that can transform your real estate journey from fear to fulfillment? You only need a real estate business plan as your guide.

Further Reading: 5 Benefits of Using a Business Plan Templates to Launch Your Dream in 2024

Market Analysis and Strategic Planning

Target market identification.

Define your target market within the real estate industry, whether you're focusing on first-time homebuyers, luxury real estate markets, or specific geographic locations. Identifying your target market will dictate your marketing strategies and the type of property listings you will focus on.

This step is essential in creating a solid business plan that helps align your business goals with the clients you want to attract, providing a roadmap to success for your real estate business.

Competition and SWOT Analysis

Conduct a thorough analysis of your competitors in the real estate market. Understand their strengths and weaknesses and position your real estate agent business to take advantage of the opportunities and minimize the threats.

This SWOT analysis is a vital component of a well-crafted business plan , helping you to identify opportunities and threats and craft a winning real estate business plan. It’s a strategic approach that supports your business objectives, including financial projections and SMART goals.

Marketing Strategies

Develop comprehensive marketing strategies to generate leads. This could include digital marketing campaigns, leveraging Zillow Premier Agent for increased exposure, or traditional methods such as networking events and real estate listings publications.

Your marketing plan should detail how you plan to attract and serve your clients effectively, which is a fundamental aspect of every real estate agent’s roadmap for success.

This strategic planning is integral to creating a business plan that helps build a successful real estate business, driving results over time and adapting to changes with progress and make adjustments as needed.

Further Reading: Learn How Real Estate Accounting Services Streamline Property Management

Mission and vision statement, defining your mission.

Clearly define your mission for aligning your business activities with your company’s goals. Your realtor business plan should articulate what you aim to achieve in the short term and how you serve your clients' needs.

A well-defined mission statement not only guides your marketing efforts but also ensures that every aspect of your operations helps you achieve your objectives.

This clarity is fundamental in both real estate business plan examples and a sample real estate business plan, providing a foundation for all strategic decisions.

Crafting a Vision Statement

Your vision statement should outline where you see your business in one to five years. It sets the tone for your business growth and provides a clear direction for future aspirations. This vision becomes a pivotal part of your real estate business plan, helping to direct both your current actions and your long-term strategies.

A real estate broker should have a clear vision as it helps in conducting a SWOT analysis, creating a plan, and ensuring that you update it regularly to reflect changes in the business and market. This forward-looking approach is key to not just plan to succeed but also to adapt and grow in the dynamic real estate market.

Financial Planning and Projections

Financial plan section.

Include a detailed financial plan section in your real estate agent business plan. This should cover projected cash flow , expected average sales price of real estate listings, and anticipated revenue. Define key performance indicators (KPIs) to monitor business performance and make informed decisions.

Such measures are essential to achieving the real estate business goals outlined in your plan and ensuring that your real estate investment business plan aligns with your company's mission statement. This section provides a clear overview of the real estate market dynamics and your business' financial health aligned to your real estate business plan.

Budgeting and Forecasting

Develop a marketing budget and include projections for lead generation costs. Your financial plan should also detail how you'll manage the balance between personal and business finances, ensuring sustainability and growth.

Effective budgeting and forecasting are instrumental in maintaining the financial stability of your business and are key strategies that help you craft a path toward achieving your goals for future success.

Whether you are buying or selling properties, a well-organized budget supports your business operations and keeps your financial objectives on track, as detailed in your real estate business plan .

Implementation and Operations

Crm and lead generation strategies.

Implement customer relationship management (CRM) systems to enhance client relationships and streamline lead generation. Effective lead generation strategies are vital for maintaining a pipeline of potential clients.

Plan of Action

Your business plan should include a solid plan of action for both agents and brokers. This plan outlines specific steps to take when meeting your goals, from acquiring new clients to closing sales. It should also specify areas to focus on for business development and client satisfaction.

Monitoring and Adapting

Regular updates.

A successful real estate business plan is not static. Revisit your business plan regularly to update it as market conditions change and new opportunities arise. This ongoing revision helps keep you on track and responsive to the dynamic real estate market.

Adaptation Strategies

As the real estate market evolves, so should your strategies. Whether it's adopting new marketing techniques or expanding into real estate development, your business plan should provide a flexible framework that allows for growth and adaptation.

Roles of Accounting and Bookkeeping in Crafting a Real Estate Business Plan

Accurate financial reporting.

Proper accounting ensures that all financial transactions are accurately recorded, providing real-time insights into the business's financial status. This includes tracking income from property sales, rental revenues, commission amounts.

This also includes all associated expenses such as marketing costs, office overhead, and employee salaries. Accurate financial reporting allows real estate businesses to understand their cash flow, profitability, and financial stability for long-term planning.

Effective bookkeeping helps real estate agents and companies prepare for future expenses and revenues by creating detailed budgets and financial forecasts. By analyzing past financial data, businesses can predict future trends, plan out their financial year, and set realistic goals for growth.

Budgeting helps in allocating resources efficiently, ensuring that funds are available for important investments like marketing campaigns, new property listings, and technology upgrades. Forecasting, on the other hand, assists in anticipating market fluctuations, helping businesses to prepare in advance for economic downturns or booms.

Investment Analysis

For real estate investors and developers, accounting and bookkeeping provide the tools needed to analyze the viability of potential property investments. Detailed financial records help in calculating key investment metrics such as the return on investment (ROI), net present value (NPV), and internal rate of return (IRR).

These figures are essential for making informed decisions about where to allocate resources and which properties offer the best potential returns on investment.

Compliance and Regulatory Reporting

Real estate businesses must comply with various regulatory requirements, including tax obligations and financial reporting standards. Good bookkeeping practices ensure that all financial activities are transparent and comply with laws and regulations to avoid legal issues. It also simplifies the process of preparing and submitting necessary documents to government agencies, such as tax returns and annual financial statements, which are often required by law.

Risk Management

Effective accounting and bookkeeping help identify financial risks before they become significant problems. Regular reviews of financial statements allow businesses to spot trends such as decreasing cash flow, increasing debt levels, or overdue receivables that could impact the business' financial health. Addressing these issues promptly can prevent larger financial difficulties in the future.

Supporting Loan Applications

As real estate businesses seek external financing, lenders require detailed business plans and financial reports to assess their creditworthiness. Well-organized financial records that demonstrate profitability and stable financial management can increase the likelihood of obtaining financing. Lenders often look for a clear financial plan with solid projections and evidence of good financial health before they approve loan applications.

A well-structured real estate business plan keeps your strategic objectives on track and outlines clear steps for growth. Also, accessing a free real estate business plan can provide a foundational template to customize and adapt.

This ensures you cover all necessary aspects without incurring initial costs. This approach not only helps in organizing your business model but also in securing potential investments and partners.

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Tickmark, Inc. and its affiliates do not provide legal, tax or accounting advice. The information provided on this website does not, and is not intended to, constitute legal, tax or accounting advice or recommendations. All information prepared on this site is for informational purposes only, and should not be relied on for legal, tax or accounting advice. You should consult your own legal, tax or accounting advisors before engaging in any transaction. The content on this website is provided “as is;” no representations are made that the content is error-free.

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As discussed in our previous blog ( here ), the United States Patent and Trademark Office’s (USPTO) has proposed substantial surcharges for filing continuing applications, depending on the timing of filing. The USPTO is also proposing substantial increases for an applicant to file a terminal disclaimer. As we discuss below, these increases are likely to affect strategies for prosecuting patent applications.

Continuing applications often require the filing of terminal disclaimers, because the claims of the continuing applications can be similar to the claims in the parent or another previously filed related application. Terminal disclaimers are intended to ensure that the limited monopoly that a patentee enjoys does not get extended through similar claims that have later expiration dates. But terminal disclaimers also provide a mechanism for refining the claims to an applicant’s invention.

The USPTO Proposals

In an April 3, 2024  Notice of Proposed Rulemaking  (NPRM), the USPTO set forth a new, steeply graduated fee structure for terminal disclaimers. The lowest cost of a regular terminal disclaimer will go up approximately 18 percent. The timing of filing the terminal disclaimer would change the required fee quite radically, however.

The “regular” terminal disclaimer fee would apply only if an applicant voluntarily files a terminal disclaimer, before an examiner first examines the application. Normally, patent applicants wait for a patent examiner to require a terminal disclaimer before filing one. Applicants also often wait until near the end of prosecution, when the claims are in condition for allowance, to file the required terminal disclaimers.

Currently, there is no additional cost to waiting for the examiner to act. Under the USPTO proposal, if an applicant waits for the examiner to require a terminal disclaimer, or even if the applicant files a terminal disclaimer voluntarily after the Examiner issues an office action on the merits in the application, the cost would jump significantly:

• If the applicant waits until the application receives a first office action on the merits, the cost is almost  three times  the current fee (194 percent increase).
• If the applicant waits until the application receives either a final office action or an allowance, the cost jumps to over  four and a half times  the current fee (371 percent increase).
• If the applicant waits until after appealing to the Patent Trial and Appeal Board, the cost jumps to over  six and a half times  the current fee (547 percent increase).
• If the applicant waits until after the patent issues, the cost jumps to over  eight times  the current fee (724 percent increase).

This proposed tiered, steeply graduated fee structure is designed to encourage applicants to address double patenting issues that can arise during prosecution before an examiner has to deal with them. The USPTO’s thinking is that this will promote more efficient patent examination by reducing examination costs and providing greater public certainty as to when the patent term will end. If an applicant waits for the examiner to require a terminal disclaimer, according to the USPTO, the examiner will have to do a lot more work, the cost of which is not covered by the filing, search, and examination fees that applicants pay.

Under the proposed fee structure, the USPTO is trying to help the examiner avoid time intensive double patenting claim-by-claim analysis that would otherwise be required. For example, if an applicant does not file a terminal disclaimer after the examiner’s first office action on the merits, but changes the claims one or more times, the examiner will have to repeat the analysis one or more times, depending on the claim amendments in each response. Repeating the analysis would detract from the total time available to examine the application for other substantive issues such as patentability over prior art.

Unlike many other USPTO fees, including application filing fees and proposed surcharges, there is no discount on terminal disclaimer fees for micro entity (normally an 80 percent reduction) or small entity (normally 40 percent reduction) applicants. The Office acknowledges, “[B]ecause about 80% of continuation applications have a patented parent, in general they may be more likely than non-continuing applications to raise double patenting issues requiring filing of a terminal disclaimer. Thus, it is reasonable to expect that terminal disclaimer filings would be somewhat proportional to continuation filings….”

Consequences for Applicants

A terminal disclaimer filed after a patent issues incurs the highest fee. The Office believes that charging the highest fee after a patent issues will encourage earlier filing of terminal disclaimers, so that the public has more certainty as to when a patent term ends. The Office’s reasoning appears to be somewhat logical at first glance. The higher fee justification, however, seems to assume that in all cases, a patent owner should have filed the terminal disclaimer as soon as possible, but waited. The reality often is more complicated. For example, other later-filed patents in the same family might have claims that the Examiner considers sufficiently similar to the earlier patent to warrant terminal disclaimers. A patent owner could not know that until it was time to prosecute the later-filed patents.

One issue not mentioned in the Federal Register notice is that patents with terminal disclaimers are enforceable only so long as the patents are commonly assigned. If a patentee wants to sell part, but not all of a patent portfolio, the patentee has to be careful not to split up patents that have terminal disclaimers, to avoid those patents becoming unenforceable (and therefore useless). Where two companies in a joint venture, co-owning a patent family, want to split up the family because different patents in the family cover different things, early voluntary filing of terminal disclaimers throughout the family could prevent that split.

The proposed terminal disclaimer fee structure will not discourage applicants from creating patent families, whether through continuing applications or through simultaneous filings. It is important, however, for patent applicants to think about the possible consequences of voluntary early filing of terminal disclaimers in a patent family. There may be a significant initial cost saving, but if/when a patent owner wants to sell part, but not all of the family, the whole family could become unenforceable.

The Federal Circuit has  held  consistently that filing a terminal disclaimer is not an admission regarding patentable distinctness of issued claims from claims of other patents in a family. Consequently, it may be cheaper not to argue with examiners about the need for a terminal disclaimer in an application, and to file the terminal disclaimer after a first office action on the merits, in order to avoid the very substantial fees required for filing it later on. This is particularly so with larger patent families and portfolios, subject to the concern about unenforceability from splitting up those families.

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