While we rarely watch exercise videos because, let’s face it, an evening watching Lost reruns is much more enjoyable, we have noticed the warning prior to the start of the exercises. You’ve heard it too – “always consult a physician prior to starting a new exercise routine, stop immediately if you feel dizzy, etc.” This type of warning is also called a Disclaimer and serves to reduce your liability if someone gets hurt while using your exercise program. While Disclaimers are everywhere from exercise videos to that “your whole life will change and you’ll be so happy if you just take these pills that may also cause death” commercial, Disclaimers are also an integral part of reducing your exposure through your website or application. Disclaimers are relevant to you if you do any of the following:
- Advertise third party products or services. A Disclaimer will help you protect yourself if a user clicks on the third party advertisement and gets a virus or is somehow injured by the product or service.
- Sell or display health products. A Disclaimer will help you protect yourself in this case if the health products do not work as they should, do not deliver the results that were expected or if the user gets injured by the health products.
- Participate in an affiliate program. An affiliate program is a program whereby you list a particular link on your website and, if the user clicks on that link or purchases the products that the link displays, you receive money from the manufacturer of that product. A Disclaimer will help you comply with the manufacturer’s terms and conditions if they require that you display a Disclaimer and will help you keep your user’s trust.
- Provide health and fitness advice. A Disclaimer will protect you in case the user gets injured after following your health and fitness advice, much like the beginning of those exercise videos that you will watch in January of next year.
- Provide information that could be seen by others as legal advice. A Disclaimer will protect you here by stating that there is no attorney client relationship here and that this advice is not legal advice, thus protecting you in case something goes wrong.
If you do any of the above, a Disclaimer will help protect you by reducing your liability in case something goes wrong. As you can imagine, the damages from someone getting injured from exercising can be costly, thus a Disclaimer will also help you save a lot of money in the long run.
Protect yo self,
Donata is the Co-founder and President of Termageddon, an auto-updating generator of website and application policies. She is a licensed attorney and Certified Information Privacy Professional. She also serves as the Vice-Chair of the American Bar Association’s ePrivacy Committee and the Chair of the Chicago Chapter of the International Association of Privacy Professionals. In her free time, Donata enjoys beekeeping, hunting for morel mushrooms, and walks with her husband and two dogs.