Release of Liability
Create a California-compliant Release of Liability for dietitians. Mitigate risks of allergic reactions, scope of practice claims, and CCPA/HIPAA data handling.
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As a dietary professional in California, you face a unique intersection of stringent consumer privacy laws (CCPA), nutrition labeling standards (21 CFR Part 101), and the risk of allergic reaction... Read more
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Customize your Release of Liability
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Legal Document
This Release of Liability (this "Release") is made and entered into as of [date] (the "Effective Date"), by and between [releasor_name] (the "Releasor") and [releasee_name] (the "Releasee"). In consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
WHEREAS, certain events, incidents, disputes, or claims have arisen between the Releasor and the Releasee as more fully described herein; and
WHEREAS, the Parties desire to fully, finally, and forever resolve any and all claims, disputes, and causes of action arising from or related to the matters described herein; and
WHEREAS, the Parties enter into this Release voluntarily and with full knowledge of its terms and consequences.
NOW, THEREFORE, in consideration of the promises, covenants, and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
The Parties acknowledge and agree that this Release arises from and relates to the following facts and circumstances: [incident_description] (the "Incident"). The Releasor acknowledges that the foregoing description accurately and completely sets forth the relevant facts and circumstances giving rise to this Release, and that the Releasor has had a full and adequate opportunity to review, investigate, and evaluate the facts and circumstances described herein prior to the execution of this Release. The Parties enter into this Release with full knowledge of the nature, extent, and consequences of the Incident, and each Party represents that it has not relied upon any statement, representation, or promise of the other Party, except as expressly set forth in this Release.
The Releasor, on behalf of the Releasor and the Releasor's heirs, executors, administrators, personal representatives, successors, and assigns, hereby FOREVER RELEASES, ACQUITS, AND DISCHARGES the Releasee, together with the Releasee's heirs, executors, administrators, personal representatives, officers, directors, employees, agents, representatives, insurers, attorneys, affiliates, subsidiaries, parent companies, successors, and assigns (collectively, the "Released Parties"), from any and all claims, demands, actions, causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, liabilities, obligations, damages, losses, costs, and expenses of every kind and nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, accrued or unaccrued, fixed or contingent, at law or in equity, that the Releasor now has, has ever had, or may hereafter have against any of the Released Parties, arising out of, connected with, or in any way related to the Incident described in Section 1, including but not limited to claims for personal injury, bodily injury, emotional distress, pain and suffering, property damage, economic loss, consequential damages, punitive damages, attorneys' fees, and costs (collectively, the "Released Claims"). This Release is intended to be as broad and inclusive as permitted by applicable law.
The Parties acknowledge that the consideration for this Release is adequate and sufficient to support the promises and covenants contained herein.
The Releasor hereby covenants and agrees that the Releasor shall not, at any time hereafter, commence, maintain, prosecute, or cause to be commenced, maintained, or prosecuted, any action, suit, proceeding, complaint, charge, or claim of any kind, in any court, tribunal, administrative agency, or other forum, against any of the Released Parties, based upon, arising out of, or in any way related to any of the Released Claims. The Releasor acknowledges and agrees that in the event the Releasor breaches this covenant not to sue, the Released Parties shall be entitled to recover from the Releasor all costs, expenses, and attorneys' fees incurred in defending against any such action, suit, or proceeding, in addition to any other remedies available at law or in equity. This covenant not to sue is a material inducement for the Releasee to enter into this Release.
Each Party executing this Release hereby represents and warrants that: (a) such Party has carefully read this Release in its entirety and fully understands its terms, conditions, and consequences; (b) such Party is executing this Release freely, voluntarily, and without coercion, duress, or undue influence of any kind; (c) such Party has had the opportunity to consult with legal counsel of such Party's own choosing before executing this Release, and has either done so or has voluntarily elected not to do so; (d) such Party has not assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, or causes of action released herein, and no other person or entity has any interest in the Released Claims; (e) such Party is at least eighteen (18) years of age and is legally competent to enter into this Release; (f) such Party has full right, power, and authority to execute this Release and to perform all obligations hereunder; and (g) no oral representations, statements, promises, or inducements apart from the terms expressly set forth in this Release have been made to such Party.
6.1 Governing Law. This Release shall be governed by, and construed and enforced in accordance with, the laws of the state in which this Release is executed, without regard to its conflict of laws principles. Each Party irrevocably consents to the exclusive jurisdiction and venue of the state and federal courts located in the state in which this Release is executed. 6.2 Entire Agreement. This Release constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written. 6.3 Severability. If any provision of this Release is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other provision, and the remaining provisions shall continue in full force and effect. 6.4 Amendment. This Release may not be amended, modified, or supplemented except by a written instrument signed by all Parties. 6.5 Counterparts. This Release may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6.6 Binding Effect. This Release shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns. 6.7 Construction. The language of this Release shall be construed as a whole according to its fair meaning, and not strictly for or against either Party. The headings in this Release are for convenience of reference only and shall not affect the interpretation of any provision.
The Releasor acknowledges that the Releasee is a Registered Dietitian (RD/RDN) and not a licensed physician or medical doctor. The dietary advice, meal plans, and macros provided are for nutritional purposes only and do not constitute a medical diagnosis or treatment for any disease. Releasor assumes all risk associated with the application of nutritional advice and agrees that Releasee is not responsible for any adverse health outcomes or medical conditions that may arise, in accordance with the standards of the Commission on Dietetic Registration (CDR).
The Releasor warrants they have disclosed all known food allergies, sensitivities, and medical conditions. Releasor assumes full responsibility for any allergic reactions or adverse effects caused by food consumption or the use of dietary supplements recommended under the Dietary Supplement Health and Education Act (21 U.S.C. §321(ff)). Releasor hereby waives all claims against Releasee for reactions resulting from ingredients, food labeling errors by third-party manufacturers under 21 CFR Part 101, or failure to disclose sensitivities.
This agreement is governed by California law. Pursuant to the California Consumer Privacy Act (CCPA) and HIPAA, the Releasee warrants that patient health information and dietary data shall be handled with appropriate security measures. If the Releasee is operating as an independent contractor, the parties acknowledge that this relationship is intended to meet the criteria of Cal. Lab. Code § 2750.3 (AB 5). Any provision of this release found to be in violation of Cal. Civ. Code § 1668 (exempting liability for fraud or willful injury) shall be severed as per California's severability standards, leaving the remainder of the release in full effect.
[known allergies disclosed]
IN WITNESS WHEREOF, the undersigned have executed this Release of Liability as of the date first written above, each acknowledging that they have read and understood the terms herein and agree to be bound thereby.
Releasor
Name: Releasor
Date: ___________________
Releasee
Name: Releasee
Date: ___________________
As a dietary professional in California, you face a unique intersection of stringent consumer privacy laws (CCPA), nutrition labeling standards (21 CFR Part 101), and the risk of allergic reaction claims. A standard waiver is not enough. You need a specialized Release of Liability that explicitly addresses the assumption of nutritional risk, clarifies that you are not providing medical diagnosis, and protects your practice from claims arising out of dietary choices, meal plan implementation, and the inherent risks of metabolic change.
Beyond the standard release of liability sections, this template adds fields specific to Dietitian:
The core legal purpose of a Release of Liability is to protect one party (the Releasee) from legal claims or lawsuits from another party (the Releasor) related to the subject of the release, such as an activity, transaction, or event.
Dietary Advice Liability
Use detailed consent forms that outline the scope of guidance and disclaim liability for specific outcomes.
For this release of liability to be legally valid:
Common mistakes to avoid:
Title 21 CFR Part 101
This regulation governs nutrition labeling for food products, affecting how dietitians advise clients on reading and understanding nutrition labels.
Enforced by Food and Drug Administration (FDA)
Title 21 U.S.C. §321(ff) (Dietary Supplement Health and Education Act of 1994)
Regulates dietary supplements, which dietitians might recommend or advise clients on, ensuring the claims made about supplements are truthful and not misleading.
Enforced by FDA
HIPAA (Health Insurance Portability and Accountability Act)
Governs the privacy and security of patient information that dietitians may collect during consultations.
Enforced by Department of Health and Human Services (HHS) Office for Civil Rights (OCR)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance · Malpractice Insurance
Yes. This document includes a specific acknowledgment of the Releasor's responsibility to disclose all known allergies and food sensitivities, releasing the dietitian from liability for adverse reactions provided the advice followed the disclosed information.
In California, worker classification under the ABC test is critical. If you are a contractor for a clinic, this release helps clarify your role as an independent professional. However, it is essential that your liability form aligns with your worker status to avoid misclassification claims under Cal. Lab. Code § 2750.3.
The release includes an 'Assumption of Risk' clause regarding nutritional outcomes, clarifying that results vary by individual metabolism and adherence, effectively waiving claims based on the lack of specific physical or health results.
While this is a liability release, it incorporates references to the handling of health and personal data in accordance with Cal. Civ. Code § 1798.100, ensuring your data intake process for nutrition assessments meets California's high privacy standards.
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