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An exculpatory clause is a contract provision that relieves one party of liability if damages are caused during the execution of the contract. The party that issues the exculpatory clause is typically the one seeking to be relieved of the potential liability.
Exculpatory language is used in official documents and consent forms to clear the administering party of blame or guilt. The word exculpate means to remove guilt. An exculpatory phrase might be I hereby acknowledge that by participating in this research study, I cannot hold the agency liable for any resulting injury.
When exculpatory clauses may be unenforceable Is the clause obvious? Is it clear and understandable, even to non-lawyers? Is it specific? Is there equal bargaining power between the parties to this agreement? Is the intent of the parties obvious?
Exculpatory language is that which has the general effect of waiving or appearing to waive a subjects legal rights, or releases or appears to release the investigator, the sponsor, the institution or its agents from liability from negligence.
Exculpatory language is wording that waives or appears to waive any of the subjects legal rights, or the rights of the subjects representative, and the consent form must not include such language.
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An exculpatory clause is part of a contract that prevents one party from holding the other party liable for damages related to the contract. Exculpatory clauses are used quite often in purchases such as the ones included with an amusement park or plane ticket.
Examples of Exculpatory Clauses A skier who signs an agreement before skiing will agree to a clause that prevents the skiing business from any liability if the skier gets injured. Before riding a zipline, an individual would sign a waiver that relieves the company from liability if an accident were to occur.
Examples of Exculpatory Clauses A skier who signs an agreement before skiing will agree to a clause that prevents the skiing business from any liability if the skier gets injured. Before riding a zipline, an individual would sign a waiver that relieves the company from liability if an accident were to occur.

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