Release of Liability
Protect your LMS and content from refund disputes, plagiarism claims, and California-specific liabilities with a professional Release of Liability form.
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As an online course creator in California, your business faces unique risks—from platform dependency to shifting AB 5 worker classifications and strict consumer privacy rules under the CCPA. A... Read more
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As an online course creator in California, your business faces unique risks—from platform dependency to shifting AB 5 worker classifications and strict consumer privacy rules under the CCPA. A generic waiver isn't enough. You need a Release of Liability that explicitly addresses California Civil Code requirements and ensures that participants acknowledge the risks of your drip content or webinars while waiving their right to common claims. This protects your IP, mitigates refund disputes, and safeguards your income volatility against unexpected legal challenges.
Beyond the standard release of liability sections, this template adds fields specific to Online Course Creator:
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.
Refund disputes
Incorporating clear refund policies in terms and conditions, ensuring compliance with consumer protection laws.
Plagiarism claims
Using warranties and indemnities in contracts to guarantee the originality of content and handling of any claims.
Intellectual property infringement
Drafting comprehensive terms of use and securing licenses for third-party material used in courses.
Platform dependency issues
Including clauses regarding service continuity and data rights in agreements with LMS providers.
For this release of liability to be legally valid:
Common mistakes to avoid:
FTC Act Section 5
Prohibits unfair or deceptive acts or practices in or affecting commerce, including false advertising which can apply to marketing online courses.
Enforced by Federal Trade Commission (FTC)
Copyright Act
Governs the protection of original works of authorship, which is relevant to course content in terms of creation and protection against plagiarism.
Enforced by U.S. Copyright Office
CAN-SPAM Act
Regulates commercial email, ensuring marketers adhere to guidelines when promoting courses to prospects or enrolled users.
Enforced by Federal Trade Commission (FTC)
Recommended coverage: Errors and Omissions Insurance · Cyber Liability Insurance · General Liability Insurance
California has specific rules about releasing unknown claims. To be fully protected, your release should include a waiver of Civil Code Section 1542, which otherwise prevents a general release from extending to claims that the releasor does not know or suspect to exist at the time of signing.
Yes. By including an Assumption of Risk clause, you ensure students acknowledge that the implementation of your course material (drip content, webinars) involves inherent risks and that you do not guarantee specific income results, helping mitigate FTC Act Section 5 issues regarding deceptive marketing.
While this is a release, it includes a Waiver of Claims related to content ownership. It ensures that students or contractors cannot claim rights to your proprietary LMS materials or accuse you of plagiarism if they develop similar concepts later, protecting your work under the Copyright Act.
California's AB 5 uses the ABC test to classify workers. If you use guest instructors or contractors, this release helps clarify the scope of their involvement, though it should be paired with a formal contractor agreement to ensure compliance with Cal. Lab. Code §§ 2750.3.
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