Contract Glossary
Exculpatory Clause
Definition
A contract provision that releases one party from liability for harm or damages, even if that party was at fault. You've signed these at gyms, ski resorts, and adventure parks — the 'we're not responsible if you get hurt' language.
In Practice
If you're running a business with physical risk — a gym, a construction site, an outdoor adventure company — an exculpatory clause is standard. But don't rely on it completely. Courts throw these out when they're too broad, hidden in fine print, or involve gross negligence. A well-drafted clause protects against ordinary accidents, not reckless behavior.
Common in these contract types
Frequently asked questions about exculpatory clause
Sometimes. Courts enforce them for ordinary negligence if they're clearly written, conspicuous, and the signer understood what they were giving up. They're almost never enforced for gross negligence, intentional harm, or fraud. Some states — like Virginia and Montana — are hostile to exculpatory clauses in general.
Create a contract with proper exculpatory clause clauses
Generate a professional contract in minutes with all the essential clauses — no legal expertise needed.
Create your contractThis content is for informational purposes only and does not constitute legal advice. For contracts with significant financial or legal implications, review by a qualified attorney is recommended.