Disclaimers: How They Can Protect Your Business (2025 Updated)

When you first think about the legal help you’ll need for your business in 2025, you might hear people tell you that you’ll need a disclaimer.

If you’re offering goods or products that carry inherent risks, having a disclaimer is essential to ensure your customers are fully aware of these risks, and that your business is appropriately protected as regulations continue to evolve.

What Is A Disclaimer?

A disclaimer is a straightforward legal document that helps excuse you from certain liabilities. It clearly sets out the understanding between you and your customers regarding the scope and limitations of the goods and services you provide.

Essentially, a disclaimer confirms that any use of your products or services outside of their intended purpose is the sole responsibility of the customer. This clarity is increasingly important in today’s dynamic market, where consumers may have varied expectations.

Why Do I Need A Disclaimer?

Simply put, you’ll need a disclaimer whenever your business ventures into areas where there is an element of risk. With evolving consumer rights and updated regulatory guidelines in 2025, its importance has never been greater.

At Sprintlaw, we’ve worked with hundreds of small businesses and startups providing a diverse range of goods and services, all of which inherently include some degree of risk. Whether you’re selling beauty products or offering online courses, a well-drafted disclaimer helps ensure that liability is clearly delineated.

The last thing you want as a small business is to be held responsible for issues that lie outside of your control or intent.

A robust disclaimer clearly defines what is and isn’t covered by your liability, ensuring both you and your customers understand the exact nature of your offerings. This not only protects your business financially but also reinforces transparent communication with your clientele.

When Can I Use A Disclaimer?

Depending on your business model, the goods and services you provide, and your customer interactions, there are many scenarios where a legal disclaimer can offer crucial protection. Its usage is particularly beneficial when you face unpredictable outcomes or consumer misuse.

Let’s explore two updated examples relevant to 2025.

Firstly, imagine you’re running an online store selling beauty products. Whether you manufacture these items yourself or source them from established suppliers, your customers may purchase them for personal use, gifting, or even resale.

Due to the unpredictable nature of online commerce and the broad reach of the internet, you might be unsure how far your products will travel—and how they might be used. For a small business operating on a tight budget, the last thing you need is to become liable if customers misapply your products or use them in unintended ways.

In such cases, your disclaimer will assert that, for instance, your skincare or haircare products are not to be regarded as providing medical advice, and that customers should adhere strictly to any usage instructions provided. This helps protect you from claims if your customers attempt to use your products beyond their intended scope.

Secondly, consider a business offering coaching or mentoring services—perhaps through an online fitness programme or a mobile app. Here, a disclaimer is equally vital. It will clearly communicate that your advice does not substitute for professional medical or therapeutic guidance. As consumer protections tighten in 2025, having such clarity in your legal documentation is indispensable.

Additionally, including details about the inherent limitations of your service—such as performance expectations and any necessary precautions—can further safeguard your business. For guidance on drafting tailored disclaimers, you may find valuable insights in our Legal Tips section.

Does A Disclaimer Exclude Me From All Types of Liability?

One of the advantages of a properly drafted legal disclaimer is that it allows you to operate with confidence, knowing that you are protected against certain liabilities. However, it is crucial to ensure that your disclaimer is carefully aligned with current regulations.

It may seem straightforward to write a disclaimer and assume that you’re shielded from every form of liability, but that is not always the case. Some obligations—particularly in regulated industries requiring licences or registrations—cannot simply be waived. In these instances, specific statutory guidelines govern how liability can be limited.

If you’re in an industry with such requirements, it is wise to consult with a specialist lawyer who can advise you on your legal obligations and the correct way to draft your disclaimer. For further reading on related topics, you might check out our article on Legal Essentials for Starting a Business.

What Else Do I Need?

While having a well-written disclaimer is an excellent start, it is only one component of your overall legal protection strategy. Equally important are other legal documents that safeguard your interests holistically.

Your disclaimer can be incorporated into your general Business Terms and Conditions. This comprehensive document typically covers areas such as payment, delivery, supply, and liability limitations. Additionally, if you’re collecting personal data from your customers, you will need a robust Privacy Policy that details how that data is utilised in accordance with the latest data protection laws.

Lastly, whenever you are operating a website, it is critical to have detailed Website Terms & Conditions that set out the rules for using your site. These terms help ensure you are not held responsible for issues arising from third-party use of your website. For further information on best practices, you might also explore our guide on Intellectual Property.

In 2025, as businesses navigate a more complex legal landscape, staying updated with your legals is key. Regular reviews with a qualified lawyer can ensure that your documentation remains compliant and effective.

Need Help With A Disclaimer?

If you’d like to get started with a disclaimer, we’re here to help!

Our team of expert lawyers has supported hundreds of startups and small businesses across New Zealand, ensuring they are protected as comprehensively as possible. We understand your concerns and are here to provide accurate and up-to-date advice. You can also learn more about our Contract Services and how we assist with legal documentation.

Please feel free to contact our team at [email protected] or call 0800 002 184 if you need more personalised assistance. We’re dedicated to helping you secure the right legal documentation to protect your business now and in the future.

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