Disclaiming an Agency Relationship - Can it be Done?

As written in the October 2015 IADC Committee Newsletter
By Sharon A. Luarde, Attorney, Litigation Practice Group and Anastasia J. Wade, Attorney, Litigation Practice Group

Agency disclaimers are an important tool used in contracts to limit potential liability. These disclaimers appear in a wide variety of contexts - agreements between hospitals and physicians, agreements between franchisors and franchisees, and supply agreements. One modern context for agency disclaimers is in software agreements, agreements which pervade everyday life. In fact, we all have clients that have ongoing needs for increased technological advances to run their businesses, and they are not merely purchasing software from a box to serve these needs.

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