What is a disclaimer?

A disclaimer is a statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognised relationship. In the most basic terms, it is a statement that you are not responsible for something and, in business, its purpose is to protect you from claims of liability and legal action.

Disclaimers can take the form of terms and conditions. In an ordinary commercial context standard terms and conditions are generally enforceable on the presumption that contracting parties have agreed to the actual words that appear in the contract documents.

Where should I use disclaimers?

If you have a website or business social media page, it is always a good practice to have a website disclaimer so that a viewer of your website cannot make a claim for damages suffered in some way by relying on information posted on your site.

In your practice it is also highly advisable that you use a patient intake form that contains a disclaimer specifying terms and conditions that clients need to agree to and sign before commencing treatment with you.

A disclaimer is also recommended on any information you distribute to members of the public, including printed materials and training presentations, for instance during a lecture or homeopathic first aid workshop.

Examples

Have a look at the footer of the AHA website for an example of a website disclaimer. You could use this as a template for your own website, editing it as appropriate.

Thanks go to our professional member Carolyn Graham who provided this draft of a homeopathic treatment consent form. You can edit the document to fit your own circumstances and add your own information.

Homeopathic treatment consent form

AHA brochures have various disclaimers calling attention to the importance of taking recourse to medical advice or emergency services in case of severe or persistent symptoms.

Training documentation should include similar advice as well as information on life-threatening signs and symptoms so that the homeopathic first aider is aware of possible dangerous situations and prevented from using homeopathic first aid beyond their scope of competence.

Important

Disclaimers should be worded clearly and positioned prominently so that they are readable and easily understood.