Questions about Waivers/Disclaimers

[davispctech]

So I am just starting a computer repair business and I am a little bit of a newbie on the business aspects of computer repair services. My question is do I need business liability insurance to write a waiver/disclaimer for my clients to sign before performing work on their machines? Or can I have one even if I don't have insurance? thanks for any help.

[JosephLeo]

Originally Posted by davispctech

So I am just starting a computer repair business and I am a little bit of a newbie on the business aspects of computer repair services. My question is do I need business liability insurance to write a waiver/disclaimer for my clients to sign before performing work on their machines? Or can I have one even if I don't have insurance? thanks for any help.

This is the kind of question only a lawyer can answer...

Now then- as a disclaimer, take my advice as only a thought and do not apply it unless your lawyer says that it is the right thing to do as I am not a lawyer.

I don't believe you have to have insurance in order to write out a waiver or disclaimer. It doesn't make much sense why not. It's like saying "Do I need a radio in my car in order to drive?" That's my opinion on the matter at least.

[MrUnknown]

Joseph is right, The waiver/disclaimer is a contract between you and your customer where they agree to absolve you from liability under certain situations. Insurance covers you from mistakes you have done.

Now, where you need to get a lawyer, I believe, is just how much liability you can waive. Plus, worse case scenario, someone can try to sue you anyway and the court could find in favor of them.

[NickCat11]

Originally Posted by davispctech

So I am just starting a computer repair business and I am a little bit of a newbie on the business aspects of computer repair services. My question is do I need business liability insurance to write a waiver/disclaimer for my clients to sign before performing work on their machines? Or can I have one even if I don't have insurance? thanks for any help.

I know you're looking to save a few dollars but I would really consider getting insurance. It will at the very least give you peace of mind in case something were to happen.

[gambit]

You don't need a lawyer to start a small IT company.

Your best bet is to join an organizaiton like CompTIA. Not only will they give you the answers that you seek - you will get a discount on the insurance.

[Cue]

And remember waivers and disclaimers are in fact not that important.

Those things dont supersede the law of the country. So if you make a client sign a waiver that if you infect his computer with a virus. And that virus wreaks havoc on some one else's network, you are not liable.
The law will still find you guilty, whatever was in that waiver.

The main point is that you inform your clients about what bad can happen, they can get you on the basis that they did not know about this and/or that.

[davispctech]

Ok so just for clarification, when you guys bring these waviers/disclaimers to your clients to sign, do you print them on carbonless, 2 part, forms? So that way you can have one copy for yourself and one for your client.

[MobileTechie]

Originally Posted by davispctech

Ok so just for clarification, when you guys bring these waviers/disclaimers to your clients to sign, do you print them on carbonless, 2 part, forms? So that way you can have one copy for yourself and one for your client.

No I print two off, have them sign them and take one away.

I have terms not disclaimers as such.

The terms do have value. Sure you cannot ride rough-shod over the law of tort but they do protect you to a useful degree. If they've signed something telling them the risk, agreeing they will not hold you responsible and then gone ahead with the work, it mitigates your degree of responsibility.
E.g. it is important to get them to sign terms that make it clear you are not responsible for their data for instance. That would make it much harder for them to win a case involving supposed lost data after you worked on their system. The court will look at it and likely judge that they were aware that data loss could occur and were taking responsibility for your their data and backups - so any damages incurred are at least partially their own fault.

Also just the act of getting them to sign then means you tend to explain the major points beforehand. This makes them less likely to claim in the first place.

But people can always claim damages against someone who did something reckless that harmed them.

[Mr I]

Originally Posted by davispctech

Ok so just for clarification, when you guys bring these waviers/disclaimers to your clients to sign, do you print them on carbonless, 2 part, forms? So that way you can have one copy for yourself and one for your client.

I use carbonated paper to keep one copy of the work order and give the other one to the client, both with the signature. The reason is because I have a mobile business. However, the invoice is generated and sent via email.