Exculpatory clause in a contract: we don't have to pay you if you sustain damages. Simple enough? It sure is. Does such a a clause work? It sure does.
Here is a very, very recent example. A man who was, at the time, a Hennepin County judge, signed a membership form. In that form there was an exculpatory clause. The clause effectively said if you or your belongings get hurt or damaged here, we don't have to pay you. During one of the times he was using his membership he had a heart attack. The club's attendee did not use the AED machine to resuscitate the member, but two trained medical professionals were administering CPR.
Unfortunately a permanent brain injury resulted. The club was called to defend and was successful at summary judgment on most of the claims. The plaintiff's attorney in this case is an extremely good personal injury attorney. He knows full well how to try a case and has had some significant favorable verdicts. One single claim went to trial with an elevated evidentiary burden, and, the club prevailed. For the defense (club) to win against this experenced lawyer is a testament to the strength of the parties' contract.
If you have regular contact with customers or handle their property, you want an exculpatory clause. Let's get together and protect you from claims!
