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The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility.

Definition(s): 'clickwrap' method(IE. User is presented with a link(to terms) and a 'I accept/agree' requirement to register an account/access the platform).

Question(s): Can the Terms of Use/User Agreement using the so called 'clickwrap' method contain a General Liability/Liability Release, releasing the app/company(a LLC) from any liability: Personal injury, damage to property.. ect.

Or would a Signed release(electronic possibly?) be required?

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Can the Terms of Use/User Agreement using the so called 'clickwrap' method contain a General Liability/Liability Release, releasing the app/company(a LLC) from any liability: Personal injury, damage to property.. ect.

No

Or would a Signed release(electronic possibly?) be required?

No

Liability can be risk managed but it cannot be eliminated. You are in business - taking that risk, managing that risk and pricing that risk are what you get paid to do (among other things).

  • 'Liability can be managed..' Being it can only be managed, does having some kind of release(or verbiage or some sort) reduce the attack surface...or at least offer benefit to minimizing the exposure? Trying to figure out any steps that can been take/pursued to minimize the need for insurance and/or limit the scope of any insurance. I know I'm be vague, just looking for some food for thought. Thanks – nunya07 Dec 5 '18 at 1:05
  • The specifics are issues you need to discuss with your business advisers- accountant, lawyer, insurance broker etc. – Dale M Dec 5 '18 at 2:32

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