Liability Waiver

[Steve Kelsey]

I have a customer who wants to engrave on a high-end guitar. I believe the process will work however the liability does worry me a bit. I want to have a waiver that he would sign should something go wrong. What do others do in this situation? Does anyone have any examples?

Thanks!

[Dan Hintz]

I provide one as standard fair on the back of my quotes... signature on the quote denotes understanding of all fine print.

[David Weaver]

i don't do engraving, but in a prior business I was involved in, a liability waiver in the amount of fees was provided as part of the working contract.

Basically, if we screwed up, the work didn't cost the client anything. If the client wouldn't sign the liability waiver, we did not seek exceptions or language changes, it wasn't worth the risk and we moved on.

[Michael Hunter]

Whatever he signs, the customer will be VERY upset if his guitar is messed up!

Best to charge enough upfront that if the job goes wrong you can afford to replace the guitar

[Dan Hintz]

Whatever he signs, the customer will be VERY upset if his guitar is messed up!

Best to charge enough upfront that if the job goes wrong you can afford to replace the guitar

That rarely works... think of an iPad. Who would pay $800 for an engraving on that, just in case you mess up? A guitar valued at $4k? Try telling the customer you want $4k to engrave it and he'd laugh at you.

[Rodne Gold]

Be careful , often a liability waiver won't protect you depending on local law..may be best to decline the job if you not confident

[Brian Fiore]

I have a customer who wants to engrave on a high-end guitar. I believe the process will work however the liability does worry me a bit. I want to have a waiver that he would sign should something go wrong. What do others do in this situation? Does anyone have any examples?

Thanks!

(1) Ask a local attorney in your area to draft a liability waiver.

For Example:

Acceptance of Risk and Waiver of Liability: Customer acknowledges and agrees that Company's engraving services are performed using a highly destructive laser capable of accidentally or inadvertently destroying the material being engraved. Customer assumes all risk of the material being destroyed, and acknowledges and agrees to hold the Company harmelss, and waive any and all claims against the Company resulting from the engraving of the material.

(2) Alternatively why not:
(a) purchase the material from the customer for $1.00 "As Is".
(b) Give the customer the option to re-purchase the same material "As-Is" after the engraving for a price = to $1.00 plus what ever you would charge for the engraving?

That way I can't see how they could have any legal claims against you if you were to destroy your own materials....

Of course, I must CMA and say you need to check with your attorney though....

[Niklas Bjornestal]

Or you could let the customer "rent" your laser so that its he who press the button

[Michael Hunter]

That rarely works... think of an iPad. Who would pay $800 for an engraving on that, just in case you mess up? A guitar valued at $4k? Try telling the customer you want $4k to engrave it and he'd laugh at you.

Yup! I would ask the $4K (+ engraving charge) upfront and get to be laughed at - there is absolutely no way that I would do a 1-off job with that sort of risk.

Engraving 10 or 20 $4K guitars would be a different matter : although valuable, they would not be someone's personal pride, joy and possibly dream.
Replacement would be at trade price rather than retail which would help as well.

[Tim Bateson]

A waver is nearly meaningless - it's a good will gesture at best. My motto is, if I can't afford to replace it, I don't laser it.

[Bill Cunningham]

If you are unsure of the outcome, on a job that can put you at more financial risk than any possible profit, I would decline the job. Period!