What is an exculpatory clause?

An exculpatory clause is part of a contract that limits the liability of one of the parties, usually the party that drafted the contract, in the event of an accident or injury caused by the other party. It is a clause that exempts or excuses one party from liability in certain situations. In the state of Arizona, an exculpatory clause is defined as one that completely or partially releases one of the parties from liability for its own negligence. It is important to note, though, that an exculpatory clause is not always valid and enforceable. In order for it to be valid in Arizona, it must meet certain criteria. The clause must be clear and unambiguous, it must be reasonable, and it must not violate public policy. Additionally, the clause must be in writing and must be part of an agreement between two parties. Courts in Arizona can invalidate an exculpatory clause if they find it to be unconscionable or invalid under public policy. It is important to note, however, that courts will generally uphold a valid exculpatory clause as long as the terms of the contract are not overly one-sided.

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