I/company (name/company name) organized (organizer or company) on (time), and I/company (name/company name) now apply for exemption because of (outlining the problem).
In order to avoid accidents and disputes, the following instructions are made:
In this traffic accident, I negotiated with the accident victim to compensate for the accident I caused. I/company (name/company name) will not be responsible for the future condition of this car. Hereby declare!
Applicant/company information
Name/company name: ID number (the company can leave it blank), telephone number:
Applicant/Company: (Personal signature should be handwritten, and company seal)
Date:
Extended data:
Validity and invalidity of exemption clause
1. Determine the validity or invalidity of the exemption clause according to the existing laws. The exemption clause takes the expression of will as an important element, which aims to exclude or limit the future liability of the parties, so it belongs to a civil act and should be adjusted by the provisions of Articles 52, 53, 54, 47, 48, 5 1 and 40 of the Contract Law.
2. Determine the validity or invalidity of the exemption clause according to the risk allocation theory.
3. Determining the validity or invalidity of the exemption clause according to the degree of fault, Articles 40 and 53 of the Contract Law.
4. It has not been adopted in China to determine the validity or invalidity of the exemption clause according to the severity of breach of contract.
References:
-Disclaimer
Legal analysis on how to write a formal disclaimer: The basic format of disclaimer is that I/company (name/company name) entrust (customer or company) to buy (product name) at (time). Due to (outlining the problem), I/company (name/company name) now apply for the right to operate (product name). In order to avoid ownership disputes, it is hereby declared that (name/unit name) will bear all future disputes and all consequences arising therefrom, and has nothing to do with (client or unit).
Legal basis: The following exemption clause in Article 506 of General Principles of Civil Law of People's Republic of China (PRC) is invalid:
(1) Causing personal injury to the other party;
(2) Causing property losses to the other party due to intentional or gross negligence.
How to write the disclaimer? give up
I/company (name/company name) organized (organizer or company) to go out to play on (time), and I/company (name/company name) now apply for exemption because (outline the problem).
In order to avoid accidents and disputes, the following instructions are made:
I/company (name/company name) will not be responsible for personal injury during this trip. Hereby declare!
Applicant/company information
Name/company name: ID number (the company can leave it blank): Tel:
Applicant/Company: (Personal signature should be handwritten, and company seal)
Date:
Extended data:
The exemption conditions stipulated by the laws of China mainly include:
1. Force Majeure: Article 1 17 of the Contract Law stipulates that if the contract cannot be performed due to force majeure, the liability shall be exempted in part or in whole according to the influence of force majeure, unless otherwise stipulated by law. If force majeure occurs after the delay in performance, the parties concerned cannot be exempted from their responsibilities. Force majeure as mentioned in this Law refers to unforeseeable, unavoidable and insurmountable objective circumstances. _ 1]
2. Natural nature of the goods themselves and reasonable loss of the goods: Article 3 1 1 of the Contract Law stipulates that the carrier shall be liable for damages if it proves that the damage or loss of the goods is caused by force majeure, natural nature or reasonable loss of the goods themselves and the fault of the shipper or consignee, but the carrier shall not be liable for damages.
3. Creditor's fault: Articles 3 1 1 and 370 of the Contract Law stipulate that if the deposit delivered by the depositor is defective or special storage measures need to be taken according to the nature of the deposit, the depositor shall inform the depositor of the relevant information.
References:
-Disclaimer