Waiver form wording?

[ta2zandsteel]

I was curious about what wording some of the professional locksmiths here have on their waiver forms. I want to open a small business within the next year and would like to incorporate a waiver form on the same page as my invoice.

Thanks

[Raccoon]

I have a sort-of waver on my invoices, but mine is more a "piece of mind" and "please ask questions" dialogue starter. It also expresses that I am released from liability of minor damage and blemishes.

Here is the full text.

LIABILITY WAIVER

DEAR CUSTOMER: FOR YOUR PROTECTION YOU SHOULD BE AWARE THAT THE SERVICES I AM ABOUT TO PERFORM ARE TESTED AND APPROVED METHODS OF REENTRY FOR YOUR HOME OR VEHICLE OR OTHER SECURED PROPERTY. THE TOOLS AND TECHNIQUES I USE ARE NON-DESTRUCTIVE, UNLESS OTHERWISE SPECIFIED AND AGREED ON, AND SHALL CAUSE ONLY MINIMAL STRESS THAT FALLS WELL WITHIN THE TOLERANCE LIMITS OF YOUR VEHICLE OR PROPERTY AND ITS LOCKING HARDWARE. AS SAFE AS THESE ENTRY METHODS ARE, THEY ARE NOT THE METHODS ORIGINALLY INTENDED BY THE HARDWARE MANUFACTURER. I CANNOT BE HELD RESPONSIBLE FOR VOIDING ANY WARRANTY RESTRICTIONS AS A RESULT OF BYPASSING THE SECURITY OF YOUR VEHICLE OR PROPERTY. FURTHERMORE, I CANNOT BE HELD RESPONSIBLE FOR MINOR DAMAGE, PROVIDING THAT DAMAGE IS NEGLIGIBLE OR THE RESULT OF PRE-EXISTING WEAR, RUST OR AGING. THIS INCLUDES BRITTLE WEATHER STRIPPING, FLAKING RUST, AND SMALL OR HIDDEN SCUFFS OR BLEMISHES. THAT SAID, I WILL TREAT YOUR VEHICLE OR PROPERTY WITH CARE AND RESPECT, AND I INVITE YOU TO BRING TO MY ATTENTION ANY QUESTIONS OR CONCERNS THAT YOU MAY HAVE.

PLEASE INITIAL IF YOU HAVE READ AND AGREE TO THE ABOVE STATEMENT.

Others have argued that my waver doesn't cover my butt to the extreme of a 5 page contract, but I do feel that it is enough to limit the number of frivolous claims against my insurance, and will still hold up in court as well as a 5 page contract would. Consider that courts make decisions based on real-world actual events and take into consideration reasonable actions and gross neglect. So, regardless if I made my customer read and sign a 5 page contract... if I damage their property with gross neglect, it wouldn't matter WHAT I made them sign.

I found a nice balance between customer assurance and trust, and cover-my-arse.

[2octops]

If you are referring to a "Hold Harmless Agreement" I personally would not waste my time with one. They never have and never will hold up in court.

[2octops]

Well, I thought there was an edit button somewhere......

I wanted to add that the best thing for you to do is spend 20 or 30 minutes with your attorney and discuss what they think should be on your invoice and how it should be worded. It will be money well spent.

If you do not have an attorney, find one that you feel comfortable sitting down and having a conversation with. They can be your best friend when it comes to a disgruntled customer or a non-paying customer.

[ta2zandsteel]

My fiance is a lawyer, but not practicing contract law...and it would be soooo much easier to have a starting point to know what other locksmiths have on their forms so we can sit down and figure out what would be relavant and actually hold up in court if anything were to happen.

[Raccoon]

The best thing you can do is get insurance and bonding. Insurance to cover your butt in case you break something, and bonding to cover your butt incase you ever steal something (or are accused of stealing something) or if you are unable to complete the work. Remember that bonding isn't insurance, but protects the customer against dishonesty.

[lockdr]

ALOA has a standard form on their website.--> http://aloa.org/pdf/possid.pdf
". . . I agree to indemnify and hold harmless the Locksmith . . . from any and all liability or claims that may arise from the performance of such services. . ." I'm sure that one is copyrighted but it's a good place to start. OR, you could just join ALOA.
RE: Insurance and bonding, In WA state you are required to have a bond, something like $150,000 in liability insurance, and "demonstrated ability" whatever that may be, before they will take your $204 for a license.

[ldnlksmth]

it's just a good idea to carry a bond. ALOA has a bond, TAOL has a bond and I'm sure just about every other organization out there does, get it and keep it up, it makes you look better and more trustworthy in the eyes of the customer.

Insurance is an absolute must. No questions or exceptions. If you break something you're covered.

Liability waivers (in Ontario) aren't worth the paper they're printed on. Work Authorizations are a little more helpful in court (proving due diligence), and being able to say under oath that you REASONABLY believed that this person had the authority. I have a written policy that my lawyer helped me lay out. It gives me guidelines and what's considered 'reasonable' action before unlocking something.

I know of a locksmith that let a 17 year old kid into a house. His driver's licence said he lived there, the neighbour cutting the lawn said he lived there and the kid had a broken key. Turns out, Dad kicked him out the night before and changed the locks (resulting in the broken key). Kid went in, trashed the place (something like $12,000 damage) and Dad sued the locksmith. Locksmith had work authorization and proved due diligence, reasonably believing that the kid was allowed to have access. Case dismissed.

[Raccoon]

Would you like to post a copy of your Worth Auth in this thread?

[ldnlksmth]

I'd love to. I don't have any way to scan it, nor do I have an electronic copy anywhere. My printer has the stuff. I'll see if he can e-mail it to me or something. If I can get an electronic copy, I'll be happy to.

[fsdhy]

ALOA used to send out free booklets of the exact form that is on the 2nd page of the PDF lockdr posted... I still have a few and use them in auto lockout situations. The ones I have actually have more info on the back that isn't in the PDF. They are small and easily carried around. I'll try to post a scan tomorrow when I get to work.