What Does an Exculpatory Clause Do?


Quick Answer

According to Cornell University Law school, an exculpatory clause is a provision in the lease that releases a landlord from all responsibility for damages, injuries, or losses occurring on a rented property — including those caused by the landlord's actions — in advance. It is unenforceable in most states.

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Full Answer

The Florida Bar says that exculpatory clauses use disclaimers, assumption of risk and indemnification clauses and releases of liability to remove or limit liability of a potentially culpable party. Exculpatory clauses are usually found in contractual agreements involving common carriers, sporting event promoters, designers and contractors and between participants partaking in e-commerce.

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