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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 88425
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Customer Question

Hello,

We are looking for a short disclaimer for a new fitness product. the disclaimer is supposed to be printed on the packaging and inlays as well as being shown on our e-commerce website.

What we want to cover in the disclaimer is:

- General medical disclaimer (consult your physician, read all included materials, etc.)
- General liability disclaimer (do this at your own risk)
- disclaimer against injury etc.
- Latex allergy warning (our exercise equipment is a resistance band that contains natural rubber latex)
- Copyright and trademark notice (e.g. © 2012 Example Inc. All rights reserved. Example Inc. is the owner of the (product name) and Example Inc. trademarks, and all related designs, copyrights, trademarks and other intellectual property. )
- Any other disclaimer or legal fine print we should include


I am happy to provide further details by email, what we are looking for is a general disclaimer that covers us broadly.
Submitted: 2 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, but we cannot actually write such disclaimers for customers of this site as that would be considered representation which is forbidden by site rules and the rules of the various bar associations. Thus, the best we can do for customers is review the disclaimers they write and offer suggestions for editing them. I do apologize, but that is a limitation of this service.
Customer: replied 2 years ago.
Hi Paul, it's nice to hear from you again.

Do you have an email I can reach you at?
Expert:  Law Educator, Esq. replied 2 years ago.
Good to see you are back. I can get removed from the site for communicating with you by email, sorry. If you have something you would like to email because it cannot be posted here, then you need to send it to customer service to send to me. Sorry, but those are the site rules.
Customer: replied 2 years ago.
I understand.

Here is the disclaimer we have so far, please let us know how we should edit it.

To clarify: I have taken replaced our company name with "COMPANY", our product name with "PRODUCT" and our sponsor (affiliated company) with "SPONSOR".


BEGINNING
----
Consult with your physician or qualified health care professional prior to beginning this or any exercise program or this or any nutrition plan. Failure to do so could result in physical injury. By using this product, exercise program, equipment or nutrition plan you assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of using them. PRODUCT™ is not a toy, keep out of reach of children or others who may require supervision. The nutrition information provided are suggestions only and are not intended to replace the advice of a qualified medical or healthcare professional or to diagnose any medical condition. If you have a medical condition, food allergies or sensitivities, you should consult directly with a medical professional.

© 2012 COMPANY All rights reserved.

COMPANY is the owner of the PRODUCT and COMPANY trademarks, and all related designs, copyrights, trademarks and other intellectual property. SPONSOR is the owner of the SPONSOR and SPONSOR trademarks. All other trademarks are property of their respective owners.

----
END



What should be deleted, added or changed? Please be as specific as possible.

Our main goals are: 1) Be legally fully protected 2) Have a short, friendly and simple text that doesn't annoy the customer


Again, please remember that what we want to cover in the disclaimer is:

- General medical disclaimer (consult your physician, read all included materials, etc.)
- General liability disclaimer (do this at your own risk)
- disclaimer against injury etc.
- Latex allergy warning (our exercise equipment is a resistance band that contains natural rubber latex)
- Copyright and trademark notice (e.g. © 2012 Example Inc. All rights reserved. Example Inc. is the owner of the (product name) and Example Inc. trademarks, and all related designs, copyrights, trademarks and other intellectual property. )
- Any other disclaimer or legal fine print we should include


I am happy to answer your questions, this disclaimer is very important to us!

Thanks,
Simon
Expert:  Law Educator, Esq. replied 2 years ago.
Consult with your physician or qualified health care professional prior to beginning this or any exercise program or nutrition plan. Failure to do so could result in physical injury. By using this product, exercise program, equipment or nutrition plan you assume full responsibility for any risks, injuries or damages, known or unknown, which you might incur as a result of using them. The Company makes no promises or guarantees regarding the results a user will achieve through use of the PRODUCT™. PRODUCT™ is not a toy, keep out of reach of children or others who may require supervision. The nutrition information provided are suggestions only and are not intended to replace the advice of a qualified medical or healthcare professional or to diagnose any medical condition. If you have a medical condition, food allergies or sensitivities, you should consult directly with a medical professional.

© 2012 COMPANY All rights reserved.

COMPANY is the owner of the PRODUCT and COMPANY trademarks, and all related designs, copyrights, trademarks and other intellectual property. SPONSOR is the owner of the SPONSOR and SPONSOR trademarks. All other trademarks are property of their respective owners.


It only needed some minor adjustment, nothing major because you have covered everything very well.


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Customer: replied 2 years ago.
Hello,

Thanks for your answer.

We really need to find a way to condense the text and write it in a less official language (so that it doesn't annoy the customer).

Example: Can we replace "The Company makes no promises or guarantees regarding the results a user will achieve through use of the PRODUCT™." with "Results may vary."?

Example: Can we condense that they should consult a physician for all applicable cases somehow?

Please find a way to reword everything so that a) it is an original text (not plagiarized - the current version was just an example from a competitor) and b) is much more marketable and shorter.

Please also look at the list above again, not all points were included (e.g. latex allergy warning).

Best,
Simon
Customer: replied 2 years ago.
Hello,

Thanks for your answer.

We really need to find a way to condense the text and write it in a less official language (so that it doesn't annoy the customer).

Example: Can we replace "The Company makes no promises or guarantees regarding the results a user will achieve through use of the PRODUCT™." with "Results may vary."?

Example: Can we condense that they should consult a physician for all applicable cases somehow?

Please find a way to reword everything so that a) it is an original text (not plagiarized - the current version was just an example from a competitor) and b) is much more marketable and shorter.

Please also look at the list above again, not all points were included (e.g. latex allergy warning).

Best,
Simon
Expert:  Law Educator, Esq. replied 2 years ago.
Consult with your physician or qualified health care professional prior to beginning this or any exercise program or nutrition plan. If you have any allergies or medical conditions, consult your physician before use. Company makes no promises or guaranties regarding the use of this production and user assumes all risks for injuries or damages, known or unknown which may occur. PRODUCT™ is not a toy, keep out of reach of children or others who may require supervision. The nutrition information provided are suggestions only and are not intended to replace the advice of a qualified medical or healthcare professional or to diagnose any medical condition. PRODUCT contains LATEX.

The above is about as short as you will get and still cover what you need covered. The copyright is fine.
Customer: replied 2 years ago.
Hi Paul,

this is essentially the same text that I copied in. the issue is, as pointed out, that the text comes from a competitor, so we cannot just edit it slightly (copyright).
Expert:  Law Educator, Esq. replied 2 years ago.
I am sorry, but told you that we cannot write the disclaimer for you in the very beginning of our dealings and I would appreciate if you can respect the restrictions of this site and not present the disclaimer to us and ask us to rewrite something you did not write. As discussed, we can edit what you wrote, but you are not respecting our rules I am afraid. You stated you would like to know how to edit the disclaimer "we have so far," and gave the impression it was one you wrote and that is not fair to the experts of this site and can get us in trouble as well for violating site rules.

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