Exculpatory Clauses: Can You Waive Claims for Future Negligence?

The short answer is YES. Waiver clauses in contracts should bear special consideration for every party to the contract. For instance, a lease can contain a provision where the landlord is not liable to the tenant for harm caused by the landlord’s negligent actions, even if those actions happen a year or more after the lease is signed. Similar waiver provisions can be contained in nearly any contract in which you may be a party. 

In Missouri, although exculpatory clauses in contracts releasing an individual from his or her own future negligence are disfavored, they are not prohibited as against public policy. Alack v. Vic Tanny Int’l, 923 S.W.2d 330, 334 (Mo. banc 2006). However, contracts exonerating a party from acts of future negligence are to be “strictly construed against the party claiming the benefit of the contract, and clear and explicit language in the contract is required to absolve a person from such liability.” Id quoting Hornbeck v. All American Indoor Sports, Inc., 898 S.W.2d 717, 721 (Mo. Ct. App. 1995). It is a well-established rule of construction that a contract exempting one from liability for his or her negligence will never be implied but must be clearly and explicitly stated. Alack, 923 S.W.3d at 334.

If you are looking to protect yourself, and limit your future liability, a carefully drafted waiver provision can do just that. Conversely, if you are being asked to sign a contract containing a waiver provision, it is important to understand exactly what you may be waiving by signing the contract. 

If you have questions about making your exculpatory clause better, or if you are looking to better understand your rights, contact the Foulk Law Firm for more information.