business plan disclaimer sample

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.

Comments are closed.

4801 Woodway Dr #145F, Houston, TX 77056, United States

AI ASSISTANTS

Upmetrics AI Your go-to AI-powered business assistant

AI Writing Assist Write, translate, and refine your text with AI

AI Financial Assist Automated forecasts and AI recommendations

AI Research Assist Your go-to AI-powered research assistant

TOP FEATURES

AI Business Plan Generator Create business plans faster with AI

Financial Forecasting Make accurate financial forecasts faster

INTEGRATIONS

QuickBooks Sync and compare with your QuickBooks data

Strategic Planning Develop actionable strategic plans on-the-go

AI Pitch Deck Generator Use AI to generate your investor deck

Xero Sync and compare with your Xero data

See how easy it is to plan your business with Upmetrics: Take a Tour  →

AI-powered business planning software

Very useful business plan software connected to AI. Saved a lot of time, money and energy. Their team is highly skilled and always here to help.

- Julien López

BY USE CASE

Secure Funding, Loans, Grants Create plans that get you funded

Starting & Launching a Business Plan your business for launch and success

Validate Your Business Idea Discover the potential of your business idea

E2 Visa Business Plan Create a business plan to support your E2 - Visa

Business Consultant & Advisors Plan with your team members and clients

Incubators & Accelerators Empowering startups for growth

Business Schools & Educators Simplify business plan education for students

Students & Learners Your e-tutor for business planning

• Sample Plans

Plan Writing & Consulting We create a business plan for you

Business Plan Review Get constructive feedback on your plan

Financial Forecasting We create financial projections for you

SBA Lending Assistance We help secure SBA loans for your business

WHY UPMETRICS?

Reviews See why customers love Upmetrics

Blogs Latest business planning tips and strategies

Strategic Planning Templates Ready-to-use strategic plan templates

Business Plan Course A step-by-step business planning course

Customer Success Stories Read our customer success stories

Help Center Help & guides to plan your business

Ebooks & Guides A free resource hub on business planning

Business Tools Free business tools to help you grow

Writing a Business Plan Confidentiality Statement

Business Startup Checklist

• December 12, 2023

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

As crucial as it is to create a business plan that helps you stand out, it’s 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’s an agreement made between two parties before they enter a deal or exchange any sensitive and confidential information.

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’s agreed upon by both parties that they won’t expose any of the information that’s 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 take legal action 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’s not a requirement, it delivers a quick message that the document is highly classified. Furthermore, it’s essential to create an exclusive document.

After you write your business plan , create a stringent confidentiality statement and ensure that it includes the following key elements.

1. Date of Effect

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

2. Parties Involved in the Agreement

It’s 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. Here it’s 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 crucial to the agreement and requires confidentiality. Anything that isn’t included isn’t protected.

Clarify that a recipient would require prior written consent before disclosing any confidential information to a third party.

4. The Non-Confidential part

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

Information relevant to the receiving party won’t be listed 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 data 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’s extremely important to protect your business ideas, trade secrets, and high-value information from the competitive world. Creating a confidentiality statement ensures that your data doesn’t get shared without your permission.

Now quickly draft your confidentiality statement following the example above and add it to your business plan.

However, if your business plan isn’t ready yet, quickly whip up a fresh plan using Upmetrics’s AI business plan generator . Simply enter your business details, answer a few strategic questions, and see your plan coming together in a few minutes.

Build your Business Plan Faster

with step-by-step Guidance & AI Assistance.

Frequently Asked Questions

Does a business plan need a confidentiality agreement.

A confidentiality agreement may not be compulsory. However, it’s highly recommended to maintain the secrecy of your marketing strategies, business ideas, intellectual properties, and proprietary information in the highly competitive world.

Who should sign the confidentiality statement?

A confidentiality statement should be signed by anyone and everyone who would get access to your business plan. This includes potential investors, business partners, employees, and anyone you have a business relationship with who would be coming in contact with your business plan.

Do I need a lawyer to draft a Business Plan Confidentiality Statement?

You don’t need a lawyer to draft a business plan confidentiality statement, especially if you’re on a strict budget. Use a sample template to draft it and customize its content keeping your unique business needs in mind.

Is a Confidentiality Statement legally binding?

Yes. Non-Disclosure Agreements(NDA) when drafted properly bind the person receiving the information legally. It acts as a contract and obligates the signees to keep the information confidential, and lays out legal consequences for the agreement breach.

About the Author

Upmetrics Team

Upmetrics is the #1 business planning software that helps entrepreneurs and business owners create investment-ready business plans using AI. We regularly share business planning insights on our blog. Check out the Upmetrics blog for such interesting reads. Read more

Get started with Upmetrics Al

• 400+ sample business plans
• Al-powered financial planning
• Collaborative workspace

Reach Your Goals with Accurate Planning

• PRO Courses Guides New Tech Help Pro Expert Videos About wikiHow Pro Upgrade Sign In
• EDIT Edit this Article
• EXPLORE Tech Help Pro About Us Random Article Quizzes Request a New Article Community Dashboard This Or That Game Forums Popular Categories Arts and Entertainment Artwork Books Movies Computers and Electronics Computers Phone Skills Technology Hacks Health Men's Health Mental Health Women's Health Relationships Dating Love Relationship Issues Hobbies and Crafts Crafts Drawing Games Education & Communication Communication Skills Personal Development Studying Personal Care and Style Fashion Hair Care Personal Hygiene Youth Personal Care School Stuff Dating All Categories Arts and Entertainment Finance and Business Home and Garden Relationship Quizzes Cars & Other Vehicles Food and Entertaining Personal Care and Style Sports and Fitness Computers and Electronics Health Pets and Animals Travel Education & Communication Hobbies and Crafts Philosophy and Religion Work World Family Life Holidays and Traditions Relationships Youth
• Browse Articles
• Learn Something New
• Quizzes Hot
• Happiness Hub
• This Or That Game
• Train Your Brain
• Explore More
• Support wikiHow
• About wikiHow
• Log in / Sign up
• Finance and Business
• Legal Matters
• Contracts and Legal Agreements

How to Write a Legal Disclaimer for Your Business

Last Updated: October 30, 2024 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 492,578 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 5 Not Helpful 0
• Have a lawyer proof your disclaimer if you are unsure of its content or completeness. Thanks Helpful 3 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 2 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
• ↑ https://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

• Send fan mail to authors

Reader Success Stories

Aug 10, 2016

Did this article help you?

Marleen Colangelo

Jan 21, 2020

Jul 28, 2022

Jul 9, 2016

Alva Folkes

Mar 10, 2017

Featured Articles

Trending Articles

Watch Articles

• Terms of Use
• Privacy Policy
• Do Not Sell or Share My Info
• Not Selling Info

Don’t miss out! Sign up for

wikiHow’s newsletter

Disclaimer Template

• Create a Disclaimer
• Refund Disclaimers
• Warranty Disclaimers
• Product Warranty Disclaimers
• Investment Disclaimers
• YouTube Disclaimers
• Affiliate Disclaimers
• Opinion Disclaimers

Confidentiality Disclaimers

• Use at Your Own Risk Disclaimers
• Offensive Material Disclaimers
• Services Disclaimers
• Fair Use Disclaimers

Confidentiality Disclaimer. Those are two words that can be very intimidating. What exactly is a confidentiality disclaimer, and what are you supposed to do with one?

Even if you aren't a lawyer, you probably understand what "confidential" means. Whether the word has come up in a chat with one of your friends or during an important meeting with your boss, keeping something confidential means one thing -- not sharing the information you've just been given.

A disclaimer is used when someone wants to avoid legal liability. For example, when you watch a TV show, look carefully at the credits. You'll probably see that there's a disclaimer in the fine print.

For example, take a look at this disclaimer from MGM :

The part at the end where it says, " The characters and incidents portrayed and the names used herein are fictitious, and any similarity to the name, character or history of any person is entirely coincidental and unconditional, " is MGM's disclaimer .

In layman's terms, it means the creators of the show didn't model their characters after any real people.

So, if a guy in this show acts just like your Uncle Fred, it's purely a coincidence -- and that would be MGM's response if Uncle Fred tried to sue them.

OK, so you understand confidentiality, and you understand disclaimers. So how do the two go together?

Confidentiality disclaimers are used on important documents -- both online and off -- to try to limit the legal liability of the sender. They're included in hopes that a judge will agree that the sender did everything he could to protect the information. That way, if the document accidentally winds up in the wrong hands, the sender may not face such a large legal threat as he would have without the disclaimer in place.

That's why most confidentiality disclaimers specifically mention accidental recipients. For example, look at the message that John Doe included at the bottom of his email for anyone who "received this email in error":

Some disclaimers will even instruct the mistaken recipient to destroy the information so that no one else can see it:

Confidentiality disclaimers may also include details about exactly how the information should be used. That way, if someone decides to misuse the information in any way, the sender isn't legally responsible for what happens as a result.

For example, look at the confidentiality disclaimer that asset management company Fasanara Capital uses:

In layman's terms, that last sentence means that this information isn't designed to convince you to buy or invest in anything. If you decide to use it as your reason to invest in a specific security or asset, the company is not liable for what happens to your money because you misused their information.

Confidentiality Disclaimers for Emails

While they show up on all kinds of documents, confidentiality disclaimers are most common in emails.

After all, the contents of an email can be forwarded to countless other people in a matter of mouse clicks.

If you want to see a confidentiality disclaimer at work, look carefully at some of your important emails. If there's a confidentiality disclaimer, you'll probably find it towards the bottom.

Here's an example:

While this language may look like something that only a lawyer would need to use, that's not the case.

Bankers, accountants, financial advisors, doctors, business partners, startups looking for capital, companies that are merging, and anyone else who has access to important, sensitive information likely uses a confidentiality disclaimer in their emails.

Large companies tend to use them, too, even if they don't fall under one of the examples we just mentioned.

In many of these cases, the company would rather be safe than sorry. Including a confidentiality disclaimer at the bottom of every email reminds recipients that the information is sensitive and needs to be treated as such. That reminder alone may prevent future trouble from popping up.

Bottom line -- there are almost as many different kinds of confidentiality disclaimers as there are people who use them .

Some confidentiality disclaimers are narrow in scope. For example, a lawyer may use a short confidentiality disclaimer aimed solely at anyone who mistakenly receives an email from him because he's bound by professional ethics to uphold attorney-client privilege.

Or, a company may include a confidentiality disclaimer that specifically addresses any discussion of trade secrets that may be included in the document.

For example, the recipes for Coca-Cola or a Big Mac's Secret Sauce are trade secrets that require some extra protection if you're going to be sending out any information that pertains to them!

Some confidentiality disclaimers are much broader and include things like any misstatements about a person, any employee opinions that the parent company doesn't agree with, and even viruses that may accidentally have come through with the email.

If you run a business and you want to make sure that your employees are all sending emails with the proper confidentiality disclaimers on them, you don't have to rely on them to set everything up. You can actually do all of the legwork yourself.

If you're the Administrator of your company's Office 365 service , you can create a confidentiality disclaimer that will appear on every single outbound message. If you don't have Office 365, ask your IT department for help. They should be able to automatically add a confidentiality disclaimer to every outgoing email on your server.

If you run a smaller business without an IT department and you want some help setting up the right disclaimer, you're in luck. Email confidentiality disclaimers are so popular that there are templates for creating them.

Check out this one from Exclaimer , which allows you type any disclaimer language you want into the editor.

Or, if you'd rather not spend money on a template, you can simply type your confidentiality disclaimer into the signature part of your email.

If you're not sure how to set up a signature, Gmail and Outlook offer easy, step-by-step instructions.

However, while most email confidentiality disclaimers can be found in the signature or footer, you may want to move yours up to the top of your emails. That way, the disclaimer is the first thing the recipient sees instead of the last thing .

And don't forget about your internal communication. After all, confidentiality applies to everyone who has access to sensitive information, whether they work at your company or not.

You can use a universal confidentiality disclaimer that goes out on all of your communications with your co-workers.

Or, you can create different disclaimers depending on what department the recipient works in, what project the recipient is working on, or what level the recipient is on (ex: senior-level management vs. a junior associate).

But confidentiality disclaimers don't just apply to emails. There's another type of document where you're going to see a lot of confidentiality disclaimers pop up -- business plans .

Whether they're printed out or sent out electronically, business plans contain all kinds of sensitive information, so it makes sense to include a confidentiality disclaimer on them.

In fact, keeping the content of your business plan confidential is so important that the experts at Qutball-Hoda suggest putting a confidentiality disclaimer at the very beginning of your business plan and even including it in your Table of Contents:

AllBusiness.com lists a confidentiality disclaimer as one of their top tips for properly formatting your business plan. The example they use takes things a step further by listing the name of the person who's receiving the plan (John A. Smith), and it even requires his signature.

Because your business is only a plan right now, it's vital that anyone who sees any of your ideas be warned with a confidentiality disclaimer.

That includes the loan officer at your bank, potential business investors, professional colleagues that you approach for advice, along with potential manufacturers, vendors, wholesalers, and product importers.

Remember -- before you have any kind of copyright or patent protection, ANYONE can steal your idea and start their own business . That's why it's so important to cross your T's and dot your I's with confidentiality disclaimers.

Do you really need to get a signature, though?

It may seem like overkill now, but if you ever need to take someone to court for violating your confidentiality disclaimer, your case will be much stronger if there's an actual signature. It proves that the other person saw and agreed to your confidentiality terms and then breached them.

But are these disclaimers really enforceable? After all, you probably haven't been arrested for removing a mattress tag! Do they actually protect you from liability?

Absolutely.

Here are some examples:

• A confidentiality disclaimer can help a law firm if privileged information is accidentally leaked.
• A confidentiality disclaimer can protect a company if its information is used improperly. It may even prevent the company for being sued for negligent misstatement altogether.
• A confidentiality disclaimer can protect large companies from the information that their employees send out. After all, adding an automatic disclaimer to every email is a whole lot easier than trying to monitor every single email that's sent on the company server.
• A confidentiality disclaimer can prevent certain professionals and companies from violating industry regulations. In some cases, each violation comes with a hefty fine, so be sure to do everything that's required of you.

Confidentiality Disclaimers around the world

What about specific countries? Are there laws that relate to confidentiality disclaimers?

Because email is so widely used -- and has the biggest possibility of being easily misused -- most of the laws on confidentiality disclaimers relate to emails.

Confidentiality Disclaimers in the US

The Federal Information Security Modernization Act (FISMA) is the updated version of the Federal Information Security Management Act of 2002. It applies to government information. In order to comply with it, there has to be a confidentiality disclaimer in all emails that include such information.

Government information also falls under the Freedom of Information Act (FOIA). This law allows for either the full or partial release of information that's controlled by the federal government. Since email is such an easy way for the government to comply with FOIA requests, there needs to be a disclaimer just in case the wrong information is released.

American financial institutions -- including banks, securities firms, and insurance companies -- have to comply with The Gramm-Leach-Bliley Act (GLB). Among other things, these institutions are required to include confidentiality disclaimers on all of their emails.

Depending on the exact type of business, either the Securities and Exchange Commission (SEC) or the Federal Trade Commission (FTC) is responsible for enforcing The GLB Act.

Any business that has access to a patient's medical data has to follow The Health Insurance Portability and Accountability Act (HIPAA), and part of HIPPA compliance includes using a confidentiality disclaimer. HIPAA also requires these businesses to inform their patients about the risks associated with transmitting their personal medical information.

Confidentiality Disclaimers in the UK

The UK does not have any specific laws that relate to confidentiality disclaimers.

However, according to Out-Law , British courts have the discretion to ignore them. As a result, the confidentiality disclaimer you place at the bottom of your emails may or may not limit your legal liability if something goes wrong.

If your company monitors email data and/or email content, you'll have to comply with the Telecommunications Regulations of 2000. Specifically, all of your outgoing emails will have to include a disclaimer that says, " (Name of Company) may monitor email traffic data," or "(Name of Company) may monitor email traffic data and also the content of email for the purposes of (list the reasons - like employee training, for example). "

That way, recipients know that the information is being seen by more than just the sender -- and it's not quite as confidential as they may have otherwise thought!

Confidentiality Disclaimers in Canada

There are no specific laws in Canada that require confidentiality disclaimers.

However, the experts at Tech Soup Canada say that including a confidentiality disclaimer in your emails is a good idea. Why? They say that if an email recipient sees one of these disclaimers, he's less likely to run out and try to sue you. Consider it to be a "placebo effect" for your emails.

And when it comes to confidentiality, violating a disclaimer could actually turn into legal trouble for the recipient.

However, there are no absolutes in Canadian courts. You may be able to lessen your liability, but you may not.

Confidentiality Disclaimers in the EU

The EU created Directive 95/46/EC to protect the privacy of personal data when it's being collected, processed, or transmitted.

However, the European Commission has also told courts that it can ignore any "unreasonable contractual obligation" if the consumer has not freely negotiated it.

In other words, the confidentiality disclaimer you use may or may not stand up in court if the recipient didn't explicitly agree to it.

Final verdict

Even if you're not in an industry or a country that requires the use of a confidentiality disclaimer, it certainly won't hurt you to start using one.

If nothing else, it shows that you take sensitive information very seriously, and no one will ever be able to fault you for that.

Business Plan Confidentiality Statement and Non-Disclosure Agreements (NDA)

Written by Dave Lavinsky

A business plan is a roadmap that outlines the vision, objectives, and operations plan of a new or growing business. It includes key information such as market analysis, financial projections, marketing strategies, and operational procedures, providing a comprehensive overview of the business’ objectives and growth plan.

In developing your business plan , protecting sensitive and proprietary information is important. A confidentiality statement included on the cover or first page of your business plan helps you safeguard confidential data.

Similarly, a Non-Disclosure Agreement (NDA) is a document you can request potential readers sign before giving them access to your business plan. NDAs state what information shared in your plan can not be disclosed to others. It is important to note that most investors and lenders will not sign an NDA. So, you’ll need to keep that in mind.

Both the confidentiality statement and NDA help shield sensitive information about your company.

Download our Ultimate Business Plan Template here >

Purpose and Scope of the Confidentiality Statement

The primary purpose of a confidentiality statement is to emphasize the confidential nature of the information contained within the business plan. It serves as a formal acknowledgment of the recipient’s responsibility to maintain the confidentiality of the proprietary data and insights shared by the business. By clearly defining the scope and parameters of confidentiality, the statement reinforces the business’ commitment to protecting its intellectual property, trade secrets, and strategic business insights from unauthorized access, distribution, or exploitation.

Examples of Confidentiality Statements For Business Plans

Here are a few examples of business plan confidentiality statements that you can use as references or templates for drafting your business plan confidentiality agreement:

Simple Business Plan Confidentiality Statement:

Comprehensive business plan confidentiality statement:, confidentiality statement for business plan presentation:.

While such confidentiality statements are far from 100% legal protection, the goal is to dissuade readers from divulging information about your plan and company.

Finish Your Business Plan Today!

If you’d like to quickly and easily complete your business plan, download Growthink’s Ultimate Business Plan Template and complete your plan and financial model in hours.

What is a Business Plan Non-Disclosure Agreement?

A Non-Disclosure Agreement is a legal document you ask people to review and sign before letting them review your business plan.

The main purpose of a business plan Non-Disclosure Agreement is to safeguard the intellectual property and confidential information of a business. This may include, but is not limited to:

• business strategies
• financial projections
• marketing plans
• customer lists
• trade secrets
• proprietary technology
• other sensitive information that gives a business a competitive advantage

By signing a Business Plan NDA, the recipient agrees to keep the information confidential and not to disclose, use, or exploit it for any purpose other than the intended business relationship.

What Key Elements are Included in a Business Plan Non-Disclosure Agreement

A well-drafted Business Plan NDA typically includes the following key elements:

• Definition of Confidential Information: Specifying what information is considered confidential and protected under the agreement. This may include a broad or specific definition of confidential information, depending on the needs of the parties involved.
• Obligations of the Receiving Party: Outlining the responsibilities of the recipient of the confidential information, including the duty to maintain confidentiality, restrictions on disclosure and use, and the requirement to return or destroy the information after the business relationship ends.
• Permitted Disclosures: Identifying situations where the recipient may be allowed to disclose confidential information, such as to legal or financial advisors, or as required by law.
• Term and Termination: Establishing the duration of the NDA and specifying the conditions under which it can be terminated, such as by mutual agreement or by breach of the agreement.
• Remedies for Breach: Outlining the consequences of breaching the NDA, such as damages, injunctive relief, or other remedies available under the law.
• Governing Law and Jurisdiction: Specifying the applicable law and jurisdiction that will govern any disputes arising from the NDA.

Sample Business Plan Non-Disclosure Agreement:

Below is a sample business plan non-disclosure agreement (NDA). Since we are not lawyers, we recommend that you have a lawyer review any NDAs you plan on using.

[Recipient Name]

This Non-Disclosure Agreement (the “Agreement”) is made and entered into as of [Date] by and between Your Company Name (“Disclosing Party”) and Recipient Name (“Receiving Party”).

Definition of Confidential Information: The term “Confidential Information” shall mean any and all information disclosed by the Disclosing Party to the Receiving Party, including but not limited to business strategies, financial projections, marketing plans , customer lists, trade secrets, proprietary technology, and any other information that is not publicly available.

Obligations of the Receiving Party: The Receiving Party shall use the Confidential Information solely for the purpose of evaluating the possibility of a business relationship between the parties and shall not disclose or use the Confidential Information for any other purpose without the prior written consent of the Disclosing Party.

Permitted Disclosures: The Receiving Party may disclose the Confidential Information to its employees or advisors on a need-to-know basis, provided that such employees or advisors are bound by similar confidentiality obligations.

Term and Termination: This Agreement shall remain in effect for a period of [insert duration, e.g., 2 years] from the date of execution, unless terminated earlier by mutual written agreement or by breach of this Agreement. Upon termination, the Receiving Party shall promptly return or destroy all Confidential Information and provide written certification of such return or destruction to the Disclosing Party.

Remedies for Breach: In the event of a breach of this Agreement, the Disclosing Party shall be entitled to seek equitable relief, including but not limited to injunctive relief, as well as damages for any losses incurred as a result of the breach.

Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [insert applicable jurisdiction such as “California”]. Any disputes arising out of or in connection with this Agreement shall be resolved exclusively by the courts of [insert applicable jurisdiction].

Entire Agreement: This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether oral or written, relating to the Confidential Information.

Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

By signing below, the parties acknowledge and agree to the terms of this Agreement:

[insert name, signature and date lines]

While there’s no way to fully ensure details about your business plan will remain confidential, confidentiality statements and NDAs are two tools you can use to limit your exposure. Confidentiality statements often dissuade readers from disclosing sensitive information. Non-Disclosure Agreements (NDAs) provide more protection than confidentiality statements since recipients must specifically review and sign them, thus agreeing to the terms and conditions.

Finish Your Business Plan in 1 Day!

Don’t you wish there was a faster, easier way to finish your business plan?

With Growthink’s Ultimate Business Plan Template you can finish your plan in just 8 hours or less!

Click here to finish your business plan today.