Release of Liability
Secure your investigative practice with a California-compliant Release of Liability. Protect against surveillance, privacy, and CCPA claims under CA law.
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Private investigation in California carries high risks involving surveillance laws and strict privacy regulations under the CCPA. A standard liability release isn't enough when performing high-stakes... Read more
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Private investigation in California carries high risks involving surveillance laws and strict privacy regulations under the CCPA. A standard liability release isn't enough when performing high-stakes skip tracing, background checks, or digital forensics. You need a document that specifically addresses California Civil Code requirements and helps mitigate potential claims of trespassing or evidence inadmissibility, ensuring your BSIS-licensed agency is protected before the case file is even opened.
Beyond the standard release of liability sections, this template adds fields specific to Private Investigator:
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.
Privacy invasion claims
Clauses limiting the scope of investigation to permissible areas and requiring client acknowledgment of legal boundaries help mitigate these risks.
For this release of liability to be legally valid:
Common mistakes to avoid:
Fair Credit Reporting Act (FCRA)
Governs how private investigators can use credit information and background checks. It applies when investigators compile data for employment purposes and strict guidelines ensure accuracy and privacy.
Enforced by Federal Trade Commission (FTC)
Gramm-Leach-Bliley Act (GLBA)
Restricts private investigators from unlawfully obtaining personal information, like financial data, without proper consent. Relevant to investigators engaged in financial background investigations.
Enforced by Federal Trade Commission (FTC)
State Licensing Laws
Each state has its own laws governing the licensing of private investigators, often requiring specific training, examinations, and background checks. For instance, California uses the California Bureau of Security and Investigative Services (BSIS) for licensing.
Enforced by State regulatory bodies, e.g., California Bureau of Security and Investigative Services (BSIS)
Recommended coverage: Professional Liability Insurance (Errors & Omissions) · General Liability Insurance · Commercial Auto Insurance · Cyber Liability Insurance (for data breaches)
In California, a general release does not automatically cover claims the Releasor does not know of or suspect to exist. Our form includes the specific statutory language required for a party to knowingly waive these unknown claims, which is vital in investigative work where surveillance results may be revealed later.
While a release can help acknowledge the data being collected, the California Consumer Privacy Act (CCPA) dictates how you must handle personal information. This document includes clauses acknowledging that the investigation is conducted within the bounds of CA law, though you must still provide the necessary privacy notices.
No. Under California law, a release of liability cannot indemnify a investigator for intentional torts or illegal acts such as criminal trespass. However, it can protect you from civil claims of accidental intrusion or perceived privacy invasion during lawful surveillance.
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