{{globalize|date=January 2024}} {{short description|Contract language that limits one party's ability to pursue damages}} {{contract law}}
Within a contract, an '''exculpatory clause''' is a statement that aims to prevent one party from holding the other party liable for damages.<ref>{{cite web |last= |first= |url= https://www.law.cornell.edu/wex/exculpatory_clause#:~:text=An%20exculpatory%20clause%20is%20part,amusement%20park%20or%20plane%20ticket. |title= exculpatory clause |date=July 2021 |website=law.cornell.edu |publisher= Legal Information Institute at Cornell Law School|access-date=November 28, 2023 |quote=}}</ref> An exculpatory clause is generally only enforceable if it does not conflict with existing public policy.<ref>{{cite book |last= Sido|first=Kevin R. |author-link= |date=2006 |title= Architect and Engineer Liability: Claims Against Design Professionals |url=https://books.google.com/books?id=6GFeMkjkef8C |location= |publisher= Aspen Publishers|page= 422|isbn= 9780735561038}}</ref> The two other prerequisites for an exculpatory clause to be valid are that the contract must pertain to the involved parties' private affairs, and each of the involved parties must be free bargaining agents to the contract in question such that there is no adhesion.<ref>{{cite book |last=Rapp |first= Geoffrey|author-link= |date=2020 |title= Tort Law in Focus|url= https://books.google.com/books?id=BSqJEAAAQBAJ |location= |publisher=Wolters Kluwer |page= 405|isbn= 9781543807820}}</ref>
==Example uses== thumb|left|Swim at your own risk with diagram of snake and alligator, at a lake in Florida, US {{for|information regarding the exculpatory clause applied towards spectators at baseball games|Baseball Rule}} [[File:Comfort Inn swimming pool, downtown Charleston (cropped).jpg|thumb|A swimming pool at Comfort Inn located in Downtown Charleston, South Carolina with a posted sign stating "No lifeguard on duty, swim at your own risk"]] *In hospitality law, exculpatory clauses are sometimes used in waivers to absolve hotels of liability regarding unstaffed swimming pools open for visitor use, aided by signs displaying language such as "swim at your own risk".<ref>{{cite book |last1= Barth|first1=Stephen C. |last2=Hayes |first2=David K. |date= 2006|title= Hospitality Law: Managing Legal Issues in the Hospitality Industry |url= https://books.google.com/books?id=-AYK0KGLANoC |location= |publisher= Wiley|page= 46|chapter=Chapter 2: Hospitality Contracts |isbn= 9780471464259}}</ref> *In construction law and real estate, exculpatory clauses are sometimes included in nonrecourse loans to minimize personal liability for the borrower.<ref>{{cite book |last=Sirota |first= David|author-link= |date= 2004|title= Essentials of Real Estate Investment|url= https://books.google.com/books?id=SZy7CEEGZrgC |location= |publisher=Dearborn Real Estate Education |chapter=Chapter 5: Financing for Real Estate Investments|page=95 |isbn=9780793143610}}</ref> *Exculpatory clauses are also applied more generally in construction law to immunize a person from the consequences of his/her negligence, though this application is subject to stringent standards.<ref>{{cite book |last=Cameron |first=John G. |author-link= |date=2000 |title=A Practitioner's Guide to Construction Law |url= https://books.google.com/books?id=QbhWUGXkEy0C |location= |publisher= American Law Institute-American Bar Association Committee on Continuing Professional Education |page=5-19 and 5-20 |isbn= 9780831808037}}</ref> *Ski resorts typically defend themselves with exculpatory clauses due to the inherent risk of injury involved with skiing, and thus it is usually very difficult for skiers to successfully win a personal injury lawsuit against the resort.<ref>{{cite web |url= https://www.kunc.org/news/2019-03-20/the-thousands-of-colorado-ski-injuries-that-resorts-dont-tell-you-about |title= The Thousands Of Colorado Ski Injuries That Resorts Don't Tell You About |last= de Yoanna|first= Michael|date= March 20, 2019|website= kunc.org|publisher= KUNC|access-date=November 29, 2023 |quote=}}</ref> *In aviation law, activities like skydiving and performing an air show are typically uninsurable due to carrying such a high level of risk; this necessitates the usage of exculpatory clauses as risk management tools, so that individuals and businesses can defend against lawsuits in the event of injury or death.<ref>{{cite book |last1= Pearson |first1= Michael W. |last2= Riley |first2= Daniel S. |author-link= |date=April 15, 2016 |title=Foundations of Aviation Law |url= https://books.google.com/books?id=dvUGDAAAQBAJ|location= |publisher=Taylor & Francis |page=301 |isbn=9781317133711}}</ref> *In medical law, most jurisdictions have ruled that exculpatory clauses are generally considered invalid for medical malpractice cases because health care is an important and sensitive area of public interest,<ref name="pozgar">{{cite book |last=Pozgar |first= George D.|author-link= |date=2004 |title=Legal Aspects of Health Care Administration |url= https://books.google.com/books?id=5CX2tEk5_4gC|location= |publisher=Jones and Bartlett Publishers |pages=330–331 |isbn=9780763731823}}</ref><ref>{{cite news |last= Reynolds|first=Jeremiah |date= August 25, 2005|title=Make Sure Contractual Limits On Liability Are Enforceable|url= https://www.sheppardmullin.com/media/publication/184_pub430.pdf |work=Los Angeles Daily Journal |location= Los Angeles|access-date=December 1, 2023}}</ref> though a common exception to this trend exists for experimental procedures.<ref name="pozgar" />
==Additional resources== *[https://www.mwl-law.com/wp-content/uploads/2018/05/EXCULPATORY-AGREEMENTS-AND-LIABILTY-WAIVERS-CHART.pdf Chart of exculpatory clause laws for all 50 U.S. states] (begins on page 8; updated January 13, 2022)
==References== {{reflist}} Category:Contract clauses Category:Tort law