A contractual clause that relieves one party to the contract of all potential liability
A provision in any written contract, including a lease or rental agreement that permits one side, usually the seeker and enforcer of the exculpatory clause, from exposure to any potential liability such as negligence, breach of contract, or any other civil wrong.
Liability Waivers For Injuries To Another Usually Found Unenforceable
In most states, one cannot escape liability for the gross negligence, intentional, recklessness, or deliberate acts of a contracting party with or without an exculpatory clause.
Unconscionable Consumer Contracts
Certain consumer agreements have an unfair bargaining position between the parties, in which one side, usually the seller, possesses all of the rights, and the other side, the consumer, assumes all the potential liabilities. These contracts are determined to be so lacking in fairness that a court must apply its judicial equitable power and find the contract unconscionable and void. These types of consumer agreements are called adhesion contracts.
