Advice disclaimer.....

[Steven Flower]

Hi everyone

I was asked this question:

".... do you have any kind of disclaimer such that if you offer bad advice to an organisation and they suffer as a result, you are covered from liability?"

Of course, my answer was No - it's about the conversations, not formal "advice".  But, it does raise an interesting point, particular if we engage more with organisations and institutions that are used to the one-way advice models.  

Any thoughts, my learned friends?

Thanks

Steven

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[Elijah van der Giessen]

Steven,

My advice is to stay far away from any organizations that have a "liability" mentality. :-)

They just aren't a good cultural fit for a volunteer-led zero-expectations event.

I think a disclaimer should be less about liability and more along the lines of "Social Media Surgeries are a collaboration between a volunteer social media surgeon and you. Your surgeon will offer their best advice, but you're the expert on your organization and only you know what will fit your unique context."

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[Steven Flower]

Hi Eli

Thanks - nice words!

I think it's also possible to show such organisations there is another way perhaps ... hopefully

[John Fox, New Forest SMS+]

Actually I think it is an extremely good idea though you need to ensure it reflects the intended application (ie a surgery) and you should include an 'as is' clause.

When Salford City Council's site (I managed it 2001-07) was migrated to CMS in 2003 I had the disclaimer statement checked by the council's solicitor (who, in turn, took advice from the Law Society). The current disclaimer has (hardly surprising given that I left nearly five years ago) been changed since my time and it isn't, in my view, quite as tight as it was - however it still provides a good model: www.salford.gov.uk/disclaimer

My disclaimer had an "as is" clause which it is important to include, as much as a 'get out of jail' excuse all. 

This is a typical "as is" clause:

"Information and documents provided on this website are provided "as is" without warranty of any kind, either expressed or implied, including limitation warranties of merchantability, fitness for a particular purpose, and non infringement."

The term 'as is' is usually included in sale agreements to notify the buyer that no express or implied warranty is provided. The buyer therefore takes the goods or property at his or her own risk, without recourse against the seller for their condition or performance. 'As is' translates into 'with all faults'.

I suspect that, in the context of a social media surgery an adaptation of Salford's disclaimer would stand you in good stead, as long as you change the wording to reflect social media and the informal 'share what you know' model of exchanging knowledge, ideas and information. If you have legal resources at your disposal it would certainly be worth getting someone to give it the once over but the key consideration is the "as is". 

In simple terms you are stating that by attending a surgery we cannot be held responsible if someone misinforms or misdirects you - or whatever.  Put your own construct on it, the outcome should be roughly the same!

I hope this is of some help.

[Steven Flower]

Hi John

Thanks for this - really interesting.  Maybe we can formulate the relevant words on this list.  Although - I'm no legal eagle (or wordsmith!)

Thanks

Steven