Discussion in 'Picture Framing Business Issues' started by suzy, Feb 8, 2002.
Hi. Where can I find new ideas for a disclaimer on my invoices. Thx. S.
You came to the RIGHT PLACE!!!
Why I'll bet that Ron will have a multicolor side scrolling TALKING disclaimer worked up for you in no time.
(I hope he hasn't found the "exploding paper form" HTML code yet.)
Framerguy, aka Goober
In the back of one of the Library of Professional Picture Framing books (I think it's the one on conservation) there are some disclaimers. My books are at home, so I'll check tonight to be sure and let you know for sure.
How 'bout the one I use:
Please note: I am not responsible for anything that could ever go wrong with anything, anywhere. It's Kit's fault.
Seriously, are you looking for a damage disclaimer, a "not-responsible-for-work-left-over-90-days" disclaimer or an all-encompassing disclaimer?
Recently this thread talked about it. But it did not get too long.
However let me add some junk, . . . sorry, I mean thoughts: Blanket disclaimers, for the most part are wortless in court.
It comes down to bailment.
If you take a job for money, as a professional, then, by and large, you are responsible.
This is why there is are two things in the world. One is called insurance. The other is called your checkbook.
So if you take an order, and **** it up, then you are liable. You can either pay for it your-self thru whatever is an amicable agreement, or claim it on the insurance.
As a professional, it is your judgment of what job NOT to take because it is beyond your ability or scope (but witin insurance), or it is within your ability, but not covered in insurance.
For the first one, if you mess it up, the insurance may not pay, because it is a job you should have turned down, as not qualified. For the second, you can do the work, but gamble with your own checkbook.
This said: If you walk into a shop with sign or notices telling everything they are NOT liable for, are you creating barriers to your customers, since the signs and forms do not actually offer the measure of protection you are seeking to insure.
This said: We still have a disclaimer on the bottom of our own workorder. So I'm just a hypocrite too.
Our form says:
I hereby authorize the above work to be done with any materials or supplies required. Artwork/media legal liability limited to $200.00 unless otherwise agreed to.
It used to say:
I hereby authorize the above work to be done with any materials or supplies required. Artwork/media legal liability limited to $200.00 or actual framing order total, witchever is less. (It also had something about not being resposible for items left more than 30 day, but I forget the legal wording.)
Both are actually worthless. But they sound nice, and make you feel all warm a gushy inside don't they?
The second one technically means the $7,000,00 piece you mess up in the 40.00 glass cleaning, puts you the hook for up to $40.00.
The first one means you are on the hook for $200.00, unless the customer and you agreed the the $7,000 value beforehand.
In reality it is our professional judgement of whether we can do the job (gamble), or if we can do it, and an accident happens, that is what insurance and checkbooks, or other amicable settlements are for.
We really should delete that line from the form, but it just feels so good and secure to have it there. I guess it would be like having seat-belts made of crepe paper and dental floss.
Throw arrows now!
I will duck.
Separate names with a comma.