Forums: Discussions for entrepreneurs and small business.

Hello StartupNation!

We have an unusual relationship with our clients.  We have designed and developed a new product and at the same time are manufacturing and importing the product for our clients.  They will be doing all the marketing and selling.  We`ve given them exclusive rights to this product. 

We`re afraid that they may be out there making claims about the product we don`t support.  We`d like them to sign a waiver of liability of some sort that lists all the warnings and saftey needs of this product and them sign off of it to put it in writing that they are fully aware.

Does something like that exist as a template on the internet somewhere?  I`m not a laywer and don`t think I can write this from scratch.  Any ideas?


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For unique freshwater pearl jewelry, head to: http://www.PerennialDesignsJewelry.com

how much liability will you have when a consumer hears these claims, uses the product, and does damage?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

We`ve already signed an agreement that indenifies us against most claims, we`re only responsible for "negligence" on our part. 

But we don`t write the manual, the website, or any published information about the product.  So what if they make claims we don`t agree with?  We`ve already advised them on what we prefer said, but if they ignore that, how much are we responsible?

That`s why I`d like them to sign an addtional waiver of some sort showing that we informed them of this or that and that they are aware of it.  Good idea?


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For unique freshwater pearl jewelry, head to: http://www.PerennialDesignsJewelry.com

I would suggest you direct these questions to your lawyer.  Could you sleep at night having this unresolved?

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

It sounds as if you`d need clauses in your agreement with your clients that (a) requires them not to make any representations and warranties that you haven`t approved and authorized, and (b) indemnifies you for any damages and costs as a result of third party claims in the event the client violates (a).

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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
Now available on DVD!
The Legal Considerations of Starting an Online Business

I know this post is old but the advise above, "I would suggest you direct these questions to your lawyer." is very sound in most situations. Can you afford not to know exactly what the law says in a liability issue.

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Ryder Law

Well I would like to thanks for all of you to share such useful discussion and I would suggest that you ask directly these questions to your attorney. A face to face conversion with a lawyer is very helpful for you in most of situations.

It is amazing that somebody would invest so much time and money developing and marketing a product and then look for an "internet form" to protect that investment in court.

 

I have one million dollars.  Does anybody know where I could buy a good mattress to hide it in?  Please, people.  Hire a lawyer.  It really is not that difficult. 

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com