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Drafting a disclaimer of liability

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Mr. Jaime Boogaers
Mr. Jaime Boogaers
Corporate Law
Attorney, 16 years of experience

A legal document must not only be legally correct. Above all, it must align with how the entrepreneur will actually use the document

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Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

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Do you already have a document, but are unsure if it is still correct? We check content, risks, and practical usability.

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Is your document outdated, copied, generated with AI, or no longer suitable? We check and adjust the document.

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About us

Our expertise

Our lawyers and in-house counsel specialize in drafting, reviewing, and amending legal documents and contracts. We look not only at the legal text but also at how you use the document in practice.

Custom solutions for your industry

Every business operates differently. That is why we take your industry, customers, working methods, and specific risks into account.

Our facts

  • Active since 2001
  • Lawyers and in-house counsel
  • Fixed rates in advance
  • Tailored legal solutions for entrepreneurs
  • Thousands of agreements per year

Reviews (21)

Julia

A very smooth onboarding as a new client. The lawyer showed great commitment to safeguarding our interests. The quality fully met our expectations.

Jeroen

Excellent communication and a carefully drafted document. We received a clear explanation of the risks. Fantastic value for money for this level of expertise.

Hassan

Our assignment was accepted with great enthusiasm and professionalism. The expertise in the field of privacy and GDPR was clearly evident and up-to-date. Our business partners were impressed by the professionalism of the contracts.

Petra

The working method was clear from the start. The expertise regarding e-commerce legislation was clearly the added value in this process. The service was professional and personal.

Nabil

I noticed how customer-oriented the initial approach was. The adjustment round also went smoothly. It is clear that they have a passion for entrepreneurship.

Yasmina

The energetic and positive attitude of the employees was immediately noticeable. The sharp review of the lease agreement protected us from unfavorable clauses. Our business partners were impressed by the professionalism of the contracts.

Kees

We really appreciated the transparency regarding the costs upfront. The agreements were properly honored. Our customers respond positively to the clear general terms and conditions.

Amine

Our complex question was immediately reduced to the essence. The lawyer pointed out aspects we had not considered ourselves. The final result aligns 100% with our high standards.

Said

The start of the process immediately made a professional impression. We received a clear document without unnecessary complexity. A party that delivers on what it promises on its website.

Sam

It was nice that potential pitfalls were proactively considered. We exchanged quite a few emails, but the responses remained quick and helpful. The quality fully met our expectations.

Rim

Professional approach without unnecessarily complicated language. We were given tight deadlines that were fortunately well adhered to on both sides. Our business partners were impressed by the professionalism of the contracts.

Maha

The intake was personal and concrete. The fixed price upfront instilled confidence. The final result aligns 100% with our high standards.

Thomas

Our questions were taken seriously. The key points have been addressed effectively. The final result aligns 100% with our high standards.

Amina

It was nice that we knew immediately who would be helping us. The process was organized in such a way that we got maximum output with minimal effort. Fantastic value for money for this level of expertise.

Chantal

Clear agreements and a neat delivery. Ample time was taken to discuss the various options and their implications. The document was accepted flawlessly by our investors.

Roy

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Ayman

We didn't know exactly which document we needed, but received sound advice immediately. We exchanged quite a few emails, but the responses remained quick and helpful. It is clear that they have a passion for entrepreneurship.

Rayane

I am extremely pleased with the quick and adequate initial response. It is great that complex legal theories were explained with simple practical examples. These documents will undoubtedly save us a lot of headaches in the future.

Musa

The clear explanation at the start of the project was crucial for us. Communication always went through a single point of contact, which prevented confusion. Fantastic value for money for this level of expertise.

Monique

The communication was smooth and professional. The advice regarding the collection terms in the terms and conditions was particularly useful for our cash flow. Fantastic value for money for this level of expertise.

Taha

The focus was immediately on the matters that were truly important to us. The transparency throughout the writing process provided a great deal of peace of mind and clarity. The final result aligns 100% with our high standards.

Meet our office

Our ContractCheck, simply explained what can all go wrong.

Why MKB Juristen?

Since 2001, we have been active as a no-nonsense legal firm for entrepreneurs. We quickly get to the heart of the matter: with a thorough assessment, clear answers, and a document that works practically.

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What you can expect from us

We translate your situation into a legal document that you can actually use. You won't receive a loose template, but a document tailored to your business, agreements, and risks.

  • A clear roadmap: intake, concept, revision round, and final version
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  • Legal attention to liability, payment, and termination
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Are you unsure whether you should have the document drafted, checked, or amended?
During the initial consultation, we will determine the sensible course of action together. Afterward, you will know exactly where you stand.

Why customization?

A legal document only works well if it aligns with your business, agreements, risks, and industry. That is why we do not work with a standard generator, but with legal experts who assess your situation.

  • Prepared for your company
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  • No standard template
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What do you get?

You will receive a legal document that is practical and aligns with the agreements you wish to make.

  • Draft document or legal review
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The founders of MKB Juristen

Our organization consists of several small teams working within various legal fields. Each legal field has its own senior in-house counsel and/or lawyers.

Denian Wielhouwer

Corporate lawyer in corporate law & business expert

Denian Wielhouwer

Annelore Hendriks

Corporate lawyer, corporate law, administrative law

Annelore Hendriks

Ilja van Driel

Corporate law attorney, employment law

Ilja van Driel

Jaime Boogaers

Corporate law, ICT & privacy law, energy law attorney

Jaime Boogaers
Custom choices

Which choices determine the content?

Before drafting the rejection, determine the points on which you will base your defense. These choices guide the tone and legal line of the letter.

Choice or question Why this matters legally
Do you dispute the facts or only the liability? Determines whether to address the circumstances substantively or focus on the legal basis.
Do general terms and conditions apply? Determinant for reliance on exemption, limitation, or forfeiture periods.
Do you wish to reject completely or keep a settlement open? A firm rejection or a rejection subject to consultation requires a different tone.
Is your insurer involved in the claim? If covered, you must report the claim and coordinate your response with the liability insurer.
Does the statute of limitations or a forfeiture period apply? Determines whether you may also rely on the expiration of a time limit.
Clauses and provisions

What components belong in a disclaimer of liability?

A strong rejection is more than a brief denial. The following components ensure that your response is complete, verifiable, and legally usable.

Provision Relevant to Legal point of attention
Reference to the claim Always State the date, reference number, and content of the notice of liability, so that it is clear what you are responding to.
Factual dispute In case of incorrect facts Describe what you believe actually happened and which alleged facts you dispute.
Legal basis Always Explain why there is no legal or contractual basis for liability.
Appeal against exclusions If applicable Refer to exemption or limitation clauses in your general terms and conditions or agreement.
Dispute regarding causal link In the event of alleged damage Suppose that the link between the alleged conduct and the damage is absent or has not been demonstrated.
Dispute regarding the extent of the damage In the case of calculated damage In the alternative, dispute the amount and substantiation of the claimed damages.
Reservation of rights Always Expressly reserve all your rights and remedies in the event that proceedings follow.
Conclusion and signature Always Conclude professionally, with name, position, and date; confirm that this does not constitute an admission.
Use in practice

How do you use this document correctly?

A disclaimer of liability is only effective if you send it in a timely, targeted, and verifiable manner. Follow the following procedure.

Situation What should you do? Point of attention
Upon receipt of the claim Note the date of receipt and any response period Prevents you from responding too late or allowing a set deadline to expire unused.
For shipping Check facts, file, and applicable conditions Ensures that the defense aligns with the actual situation and does not need to be retracted later.
Upon shipment Send verifiable proof, for example by email with confirmation or registered mail Provides evidence that and when you disclaimed liability.
After shipping Keep the letter and correspondence in your file Make your position traceable if the opposing party initiates proceedings later.
Common mistakes

Common mistakes

When disclaiming liability, things often go wrong on a limited number of points. These errors cost you your position or evidence.

Wrong Consequence Better approach
Not responding or responding too late Silence can weaken your position and deadlines continue to run unused Respond promptly and in writing, even if you consider the claim unfounded.
Accidentally admitting guilt A benevolent remark can be interpreted as an admission of liability Formulate neutrally and explicitly state that the letter does not constitute an admission.
Do not provide substantiation A bare denial is unconvincing and offers no basis for a defense Substantiate your rejection with facts and the legal basis.
Overlooking conditions You lack recourse to exemption, limitation, or forfeiture periods Always check the applicable agreement and general terms and conditions.
No proof of shipment You cannot prove later that you rejected in a timely manner Send with verifiable proof and retain the shipping confirmation and file.
Risk profile

What is your situation and what do you pay attention to?

The right approach depends on your situation. Recognize the most common cases and the points to consider.

Risk profile Example Focus in the document
Customer claim A customer holds you liable for damage caused by a product or service Review your general terms and conditions and the agreements made regarding liability.
Claim from a supplier or partner A business associate accuses you of breach of contract or damages Assess the agreement, performance, and any requirement for a notice of default.
Claim with insurance coverage The damage may be covered by your liability insurance Report to your insurer in a timely manner and coordinate your response with them.
Unclear or unfounded claim The liability claim is vague or lacks substantiation Request concretization and dispute liability in the absence of substantiation.
Additional documents

When is this document not enough?

A disclaimer of liability does not resolve every situation. Sometimes a different or additional document or process is required.

Situation Supplementary document Why
Situation Related document Explanation
You want to limit liability in advance in agreements Cooperation Agreement Establish responsibilities and the allocation of liability before a conflict arises.
The other party refuses to pay what is due to you Debt collection In the case of an undisputed claim, you focus on collection rather than defense.
The case is escalating into a legal dispute Legal assistance In the event of impending proceedings, personal legal guidance is advisable.
Explanation of this document

Drafting a disclaimer of liability, why?

Not every entrepreneur knows exactly what disclaimers of liability are, when they need them, and which risks they should cover. That is why we explain below what this document entails, what to look out for, and why tailored legal solutions are important.

What is a disclaimer of liability?
A denial of liability is the written response of the party being sued to a claim for liability, in which it disputes, with reasons, that it is responsible for the alleged damage. The denial is more than a polite refusal: it determines the procedural position of the party being sued, establishes the grounds for dispute on which it may rely in any potential proceedings, and can affect the statute of limitations on the claim. A denial that is too vague, too brief, or insufficiently substantiated can significantly weaken your defense in subsequent proceedings. Conversely, an overly conciliatory denial—in which you acknowledge facts you wish to dispute later—can actually strengthen your liability. The denial of liability is therefore a strategic document that requires legal precision. Our lawyers will draft a legally substantiated denial of liability for you that protects your defense positions, strengthens your evidentiary position, and does not jeopardize your insurance coverage.
When do you send a disclaimer of liability?
You send a rejection of liability as soon as you receive a claim against which you wish to defend yourself. If you wait too long to respond, this may be interpreted at a later stage as an admission of liability or as tacit agreement with the alleged facts. Do not respond hastily without a legal assessment either: an ill-considered response in which you acknowledge facts or make excuses can definitively undermine your defense. If you have liability insurance, most policies require you to report the claim to your insurer immediately and to follow their instructions regarding the correspondence to be conducted. If you act in violation of the policy conditions — for example, by unilaterally admitting liability — your insurer may refuse coverage. Our lawyers assess the claim and draft the rejection in consultation with your insurer.
On what grounds can you disclaim liability?
There are several legal grounds on which you can substantiate the rejection of a claim for liability . First, you can dispute the facts: the party being sued denies that the alleged event took place or disputes the version of facts presented by the opposing party. Second, you can dispute the causal link: even if the event did occur, the alleged damage is not the result thereof — a <i>condicio sine qua non</i> relationship is lacking, or the damage would have occurred even without your actions. Third, you can dispute the legal basis: there is no unlawful act within the meaning of Article 6:162 of the Dutch Civil Code, no failure to perform an obligation pursuant to Article 6:74 of the Dutch Civil Code, or the party being sued did not act culpably. Fourth, you can point to the injured party's own fault pursuant to Article 6:101 of the Dutch Civil Code, as a result of which the obligation to pay damages lapses in whole or in part. Fifth, you may invoke an exoneration clause in your general terms and conditions or agreement, provided that it has been validly declared applicable. Sixth, you may argue that the claim is time-barred pursuant to Article 3:310 of the Dutch Civil Code. Our lawyers will assess which grounds are strongest in your specific situation and base your rejection on those grounds.
What are the risks of a careless rejection?
A disclaimer of liability that is drafted without legal care can seriously disadvantage you in subsequent proceedings. Acknowledging facts you wish to dispute later is the most common mistake: as soon as you write in your disclaimer "it is unfortunate that this happened" or "we understand your frustration regarding the incident," the opposing party can use this in proceedings as an acknowledgment of the factual basis of their claim. A second risk is concealing grounds for dispute: defenses that you did not raise in your initial response may appear less credible at a later stage or be considered belated by the judge. A third risk is the violation of your insurance policy obligations through unauthorized acknowledgment or disclaimer without consulting the insurer. Our lawyers prevent all these errors by carefully preparing the disclaimer based on a complete file analysis.
How does the rejection relate to the statute of limitations on the claim?
The limitations for a claim for damages is one of the most underestimated aspects when conducting a liability defense. Pursuant to Article 3:310 of the Dutch Civil Code, a claim for damages is time-barred after five years from the start of the day on which the injured party became aware of both the damage and the liable person, and in any event after twenty years from the damage-causing event. A denial of liability does not interrupt the statute of limitations — however, holding the opposing party liable can interrupt it pursuant to Article 3:317 of the Dutch Civil Code, provided it meets the requirements for an act of interruption. If you respond to a notice of liability without assessing the limitation period, you may be defending against a claim that has already become time-barred and on which you could therefore have easily relied. As a first step with every notice of liability, our lawyers check whether the claim may be time-barred.
What is the importance of a strong evidentiary position when rejecting liability?
In matters of liability, the main rule of Article 150 of the Dutch Code of Civil Procedure applies: he who asserts, proves. The party claiming liability must, in principle, prove that all requirements for liability have been met—the unlawful act or breach of contract, attribution, causal link, and damages. A rejection of liability is strategically most effective if it forces the opposing party to take its burden of proof seriously and if you formulate your own defense positions in such a way that they remain maximally defensible in any potential proceedings. This requires that you do not acknowledge unnecessary facts in your rejection, present your own version of the facts clearly and consistently, and present your grounds for contesting fully and with substantiation. A good rejection is therefore also the first building block of your case file should the opposing party nevertheless take the matter to court.
When does the injured party's own fault play a role?
The contributory negligence defense under Article 6:101 of the Dutch Civil Code is a powerful instrument for rejecting liability or limiting the obligation to pay damages. If the damage is partly the result of a circumstance attributable to the injured party themselves—because they acted negligently, failed to take sufficient precautionary measures, or neglected to mitigate the damage—the obligation to pay compensation is reduced in proportion to the extent to which the injured party contributed to the damage. In cases of full contributory negligence, the obligation to pay compensation is waived entirely. The contributory negligence defense plays a role in various situations: in workplace accidents where the employee disregarded safety rules, in damage caused by a product applied incorrectly by the user, in contractual damages where the client provided incorrect information, and in traffic accidents. Our lawyers assess whether and to what extent the injured party's contributory negligence can be invoked in your specific situation.
What do you do if the other party persists after your rejection?
If the opposing party initiates proceedings despite your rejection of liability , you face a number of strategic choices. You can mount a full defense before the court based on the grounds you put forward in your rejection. You can negotiate an amicable settlement if the chances of success in court are uncertain or the costs of proceedings outweigh the importance of the matter. You can have an expert appointed to dispute the damages or the causal link. And, where appropriate, you can file a counterclaim if the opposing party is itself liable for a breach of contract. A well-drafted rejection lays the foundation for all these subsequent options. Our lawyers assist you in all phases — from the initial rejection letter to the judgment in the first instance and any appeal.
What are the key considerations regarding liability based on tort versus breach of contract?
The distinction between liability based on unlawful act (Article 6:162 of the Dutch Civil Code) and liability for breach of contract (Article 6:74 of the Dutch Civil Code) is of great importance for the rejection strategy. In the case of breach of contract, the debtor must be in default before damages can be claimed — this usually requires a notice of default. If such a notice of default is missing or incorrect, a condition for the claim for damages is lacking. In the case of unlawful act, the requirement of relativity applies: the violated norm must serve to protect the interests of the injured party in the situation as it occurred. If this relativity is lacking, the claim cannot be awarded, regardless of the severity of the conduct. Our lawyers analyze the legal basis of the liability claim and base your rejection on the strongest legal grounds for contestation.
How does it work at MKBjuristen?
Upon receipt of a notice of liability, our lawyers first map out the facts, the legal basis of the claim, and the statute of limitations. Based on this, we draft a rejection of liability that fully protects your defense positions, acknowledges no unnecessary facts, and makes your procedural position as strong as possible for any potential proceedings. We align the rejection with your insurer if you have liability insurance, and advise you on the next steps to take should the opposing party disregard the rejection. From the initial rejection letter to legal defense: our lawyers guide you through the entire liability process.
Are you unsure whether your document is legally correct? We would be happy to assess the sensible course of action: drafting, reviewing, or amending.
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Why not use a standard document?

A standard document often seems like a quick solution, but usually does not fully align with your company, agreements, risks, and way of working. Our legal experts draft documents that fit your situation.

Standard document
SME Lawyers
Not tailored to your business
Tailored to your company, industry, and working methods
No control over your specific situation
Consultation with a lawyer and assessment of your risks
Possibly outdated or incomplete
Verification of current and practical provisions
No personal explanation
Explanation regarding the use of the document

A standard document seems cheap, until it doesn't fit your situation properly. That is why we provide custom legal solutions tailored to your business.

Custom solutions per industry and company

Every business operates differently and faces different legal risks. Therefore, we tailor the document to your industry, customers, agreements, and way of working.

Webshops & e-commerce

Focus on online sales, delivery, returns, complaints, payment, digital products, and consumer regulations.

Business services

Attention to the assignment, additional work, liability, payment, termination, and reliance on client information.

Construction, installation & execution

Attention to planning, delivery, warranties, additional work, materials, delays, and liability risks.

Software, SaaS & digital services

Attention to licenses, availability, support, updates, data, intellectual property, and limitation of liability.

Trade, supply & wholesale

Attention to delivery, transport, payment, retention of title, warranties, delivery times, and international agreements.

Consultants, freelancers & advisors

Attention to scope, best efforts obligations, cancellation, payment, liability, and confidential information.


A legal document only has value if it suits your practice. That is why we look not only at the text, but also at how you use the document in your business.

Common mistakes with legal documents

A legal document often seems simple, but small errors can have major consequences later on. In practice, we see that entrepreneurs run the greatest risk when a document does not align well with their business, agreements, or way of working.

  • Using a standard document that does not suit the company
  • Forgot important agreements regarding payment, delivery, liability, or termination
  • Have a document generated without legal review
  • Continuing to use old documents while the company has changed
  • Not knowing how the document should be used correctly in practice

A legal document only prevents problems if it suits your situation. That is why we look not only at the text, but also at your company, agreements, and risks.

Why is a standard document often not enough?

Because a standard document does not take into account your industry, customers, risks, and specific agreements, important provisions may be missing or not align well with your practice.

Can I create a legal document myself using AI?

AI can assist in creating text, but does not independently assess whether the document is legally appropriate, complete, and usable for your business. Legal review therefore remains important.

When do I need to have my document checked?

Have your document checked if your business has changed, you have new customers or services, you have doubts about existing agreements, or the document has not been updated for a long time.

Will I also receive an explanation about the use of the document?

Yes. We explain how to use the document in practice, what to look out for, and which steps are important to prevent disputes afterwards.

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Annelore Hendriks

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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