What is an exculpatory clause?

An exculpatory clause is a clause in a contract that is used to protect one of the parties involved in the contract from being held liable for damages or harm caused in certain circumstances. It can also be used to limit or prevent someone from being held accountable for their actions, even if they are found to be at fault. In Virginia, an exculpatory clause is only enforced if it does not violate public policy. This means that it cannot be used to protect someone from being held responsible for criminal or reckless behavior. If an exculpatory clause is found to violate public policy, it will be considered invalid and not enforced by the courts. Even when an exculpatory clause is valid, if one of the parties has violated the terms of the contract, they can be held liable for their actions.

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