liability disclaimer?

[AppalachianHammock]

Hey guys, I have started making hammocks and want to sell them, however one thing I think I need to have is a liability disclaimer that would release me from any responsibility, say if they fell out, or god forbid the fabric split or something, and they tried to sue me or something.

I was wondering what all I should include in the disclaimer? also, if anyone had the disclaimer from their hammock, I would appreciate it if you posted it here.

[JayS]

You may not want to but... best to talk with a lawyer about that. Might want to think about how your assets are set up as well. Might ask the lawyer about setting up an LLC to safeguard your assets. It's a shame to have to think this way but could save you a bundle if something were to happen.

Don't forget that where you are domiciled and where you sell product have a lot to do with liability laws. Another maker's disclaimer might not be applicable in your situation.

But I do applaud you for wanting to do this and for having the foresight to think about the liability. Best of luck.

[G.L.P.]

also if you plan to sell them better set up a website for it... HF is not a place to start a business or look for business advice
you may want to talk to a lawyer about liability disclaimers asking on a forums is not the way to go about it

and i will say be original have a original design ... don't make something that is being sold by other vendors ... i guess what i'm saying is don't sell cloned gear

and good luck

[AppalachianHammock]

also if you plan to sell them better set up a website for it... HF is not a place to start a business or look for business advice
you may want to talk to a lawyer about liability disclaimers asking on a forums is not the way to go about it

and i will say be original have a original design ... don't make something that is being sold by other vendors ... i guess what i'm saying is don't sell cloned gear

and good luck

I was just wanting to get a feel for what other cottage industries have as far as their disclaimers, would help in writing mine. I think I will talk to a lawyer though.

[gmcttr]

I agree...get a good business lawyer.

[the_gr8t_waldo]

despite the name- a disclaimer will not totally sheild you from a suit- youre first step is..da-dah! talk with a lawer who works in that field

[hippofeet]

Huh. I make and sell the occasional custom fishing pole. Member of the Rod Builders Guild. I suppose a rod could break, and the tip fly up and stick in someone's eye...

I haven't formed an L.L.C., or even sent paperwork or anything. Just "oh, you have money? Thanks, here is a rod."

Most expensive one was 600 bucks, but like I said, it is rare. If you want to sell a lot of them, like make a living, I guess talk to a lawyer. Or, just quietly sell whatever you want, to people you know, or people who know people you know. I wouldn't talk about it here, though. People here already sell hammocks. Established guys. How much room is there in a niche industry? I bet it is a pretty good initial layout of funds to get started, then business licensing, taxes, blah, blah, blah. Cottage industry? Home business? Zoning? Liability? I don't own anything, I have no assets. I can do whatever I want.lol. If you have stuff, better be careful, and perform due diligence.

[Rain Man]

I'm always a little curious about businesses that want the relationship to be a one-way street. They want 100% of the money, but don't want to promise to deliver a good, workmanlike, safe product to the consumer. Alas, that's the status of things today in the business climate of "gotcha capitalism" and corporate forum shopping.

Having vented that, what state will you sell in? Every state has its own laws! Will you be a "one man" shop? If so, a corporation or LLC won't really protect you. You can't hide from your own personal bad acts behind a "corporate shield." Are you going to have liability insurance in addition to a waiver?

If you don't understand all the above and more, I recommend you not do your own "brain surgery." That's a metaphor, by the way.

Now, I'm off to hike the Foothills Trail, leaving in the morning. So if anyone replies to ask me anything, please don't think I'm ignoring you. I'll be in my hammock.

Rain Man

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[DemostiX]

I'm always a little curious about businesses that want the relationship to be a one-way street. They want 100% of the money, but don't want to promise to deliver a good, workmanlike, safe product to the consumer. Alas, that's the status of things today in the business climate of "gotcha capitalism" and corporate forum shopping.

<snip>

Having vented that, what state will you sell in?
Now, I'm off to hike the Foothills Trail, leaving in the morning. So if anyone replies to ask me anything, please don't think I'm ignoring you. I'll be in my hammock.

Rain Man

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No apologies or explanations needed here. There are replies that are best ignored until after the hike, the hammock........ and after things you have not yet imagined.

But, I think the analysis wrong. Juries of peers could be found here which would not find for plaintiff in a civil lawsuit. Is that an example of "corporate forum shopping?" How capital was raised isn't what would limit the effective liability.

[Busky2]

Having been in a sole proprietorship for many years before growing to the point of having assets that could come under fire I worried not. Latter on the best advice I received was and still is GET A **** GOOD LAWYER. I went from Sole Prop to LLC to full Inc. before I called it quits. The R and D was the LLC, sales and installation was the Inc.'s ball of wax. All assets were jointly held to prevent any possible penetration of the INC or LLC from harming me and mine. It is a nasty world out there, I have never been sued but have had to sue over contracts and bidding awards, It sucked.