I have created an anger management program that I will be selling on my website, and I am wondering if I need any kind of protection from liability, say if someone were to claim it created problems for them. I don't think so, because when you purchase any kind of anger management or other self help book there is nothing like this in place, but I am wondering if there is anything different about selling online that I should be careful about. Any suggestions?
Most of the authors/ publishers will have liability insurance in place. Your terms and conditions can limit liability, to a certain degree, but they also undermine credibility - why would someone claim 110% confidence in their system and then state in the T&Cs they accept no liability unless the confidence is a bluff? Liability insurance shouldn't be too costly and is probably a sensible route
Thanks for your help. It makes sense what you say about credibility and have a liability statement. Also, self help books don't make liability statements, and my program is an e-book, so from that perspective I don't need any kind of terms and conditions, or liability insurance. I'm confused and not at all sure where I stand with this issue...
Need is the wrong word. Subject to which countries you operate in, you are unlikely to be legally required to have terms & conditions nor liability insurance. It however may be highly recommended that you do at least have liability insurance. I would be cautious on the T&Cs side because of the negative impression. I know that I, as someone who gives advice for a living, wouldn't do a single job without my PI insurance in place
Here is a common disclaimer for this type of content: "The material in this book is for informational purposes only. As each individual situation is unique you should use proper discretion in consultation with a health care practitioner before undertaking the techniques described in this book. The author and publisher specifically disclaim responsibility for any adverse effects that may result from the use of the information contained in this book."
Thanks very much for this example. This is simple and straightforward and seems perfect. I've done a little research and spoke with a lawyer who said I won't need a TOC for a book, so I'm going to go with that. Thanks again though!
Self help books frequently have disclaimers. Indeed I would say they are more common than not. So I would definitely include that in what you give to your clients. I think the blurb I provided above is sufficient. If you have that disclaimer, I think liability insurance would be unnecessary.
I agree with johngordon. Such a disclaimer is typical. But if your attorney gave you this advice, and you get sued (and you lose), at least you might have someone else to sue as a result of that advice. Of course, then you would have to hire a malpractice attorney who would tell you of that high hurdle there.