Contracting Liability Limitations Explained

Summary

In Washington, you cannot contract out of liability for criminal acts, intentional torts, gross negligence, or violations of public policy. Contracts attempting to exempt liability for fraud or breaking the law are void. Some waivers for ordinary negligence may be enforceable in specific contexts. Bank checks contain personal information, and biometric data under BIPA includes fingerprints and voiceprints. SaaS agreements often limit liability to direct damages and exclude indirect damages. Under GDPR, a controller determines data processing purposes. Independent contractors may not always be agents, depending on control and authority. Standard SaaS

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Hi there! How can I assist you with your legal issue today?
can i contract to not be liable for brea****ing the law?
In Washington, you cannot contract out of liability for brea****ing the law. Such contracts are generally unenforceable and considered void because they violate public policy.
Is there a specific situation or law you are concerned about? This might help provide more detailed information.
can i contract to not be liable for fraud?
In Washington, you cannot contract to avoid liability for fraud. Contracts that attempt to exempt a party from liability for fraudulent acts are considered void because they violate public policy.
Is there a particular context or situation involving fraud that you need more information about?
can i contract to not be liable for gross negligence?
In Washington, you cannot contract out of liability for gross negligence. Such agreements are generally unenforceable because they violate public policy.
Is there a specific situation involving gross negligence that you'd li****e more information about?
can i contrac to not be liable for negligence?
In Washington, you generally cannot fully contract out of liability for ordinary negligence, particularly if it involves personal injury or property damage. However, some waivers and disclaimers of liability for ordinary negligence might be enforceable in certain contexts (e.g., recreational activities), provided they are clearly written and the ris****s are explicitly stated.
Are you dealing with a specific type of contract or situation where you're considering including such a clause?
what can i not contract out of?
In Washington, you generally cannot contract out of the following:
- Liability for criminal acts
- Liability for intentional torts (li****e fraud)
- Liability for gross negligence
- Liability for violations of public policy
Is there a specific type of contract or situation you're dealing with that you're concerned about?
is a ban**** chec**** personal information?
In Washington, a ban**** chec**** may contain personal information such as:
- Your name
- Your address
- Your ban**** account number
- Your ban****'s routing number
Are you concerned about the privacy of this information or a specific situation involving a ban**** chec****?
what is biometric information under BIPA?
Under the Biometric Information Privacy Act (BIPA), "biometric information" includes:
- Retina or iris scans
- Fingerprints
- Voiceprints
- Scans of hand or face geometry
Are you dealing with a specific situation involving biometric information?
what is the standard limitation of liability in saas agreements?
In Washington, the standard limitation of liability in SaaS (Software as a Service) agreements often includes:
- Limitation on direct damages to the amount paid by the customer over a specified period (e.g., 12 months).
- Exclusion of liability for indirect, incidental, or consequential damages.
Are you drafting or reviewing a SaaS agreement?
when am I a controller under GDPR?
Under the GDPR, you are considered a controller if:
- You determine the purposes and means of processing personal data.
- You have decision-ma****ing authority over the data.
- You establish the data processing policies.
Are you currently handling personal data or involved in a specific project where this applies?
what is an example of modification in software license agreement
An example of a modification in a software license agreement might include:
- Changing the scope of the license (e.g., from a single user to multiple users).
- Adjusting the duration of the license.
- Adding or removing features and functionalities covered under the license.
- Modifying the terms of support and maintenance.
Are you loo****ing to modify a particular aspect of a software license agreement?
are all my independent contractors my agents?
Not all independent contractors are considered agents. Whether an independent contractor is also an agent depends on the level of control you have over their wor**** and the specific terms of your agreement.
- An independent contractor is an agent if they are authorized to act on your behalf and can bind you legally.
- The distinction often hinges on factors li****e control, authority, and the relationship's nature.
Are you trying to determine the status of a specific contractor for a particular legal reason?
what is standard indemnification for saas agreements>?
In Washington, standard indemnification clauses in SaaS agreements typically include:
- The customer indemnifies the provider against claims arising from the customer's use of the service that violates laws or infringes on third-party rights.
- The provider indemnifies the customer against claims arising from intellectual property infringement.
Are you currently drafting or reviewing a SaaS agreement?