Disclaimers 101.

[Extramural]

Disclaimer. “The repudiation or renunciation of a claim or power in a person of which he had formerly alleged to be his. The refusal or rejection of an estate or right offered to a person. The disavowal, denial, or renunciation of an interest, right, or property imputed to a person or alleged to be his. Also the declaration or the instrument by which such disclaimer is published.”

Qualified disclaimer. “A refusal by a person to accept an interest in property. A qualified disclaimer must be in writing, and must be received by the transferor not later than 9 months from the time the interest is created. Once the property is accepted and enjoyed by the individual, the property can not be disclaimed.”

[Disclaimer of] Warranty. “Words or conduct which tend to negate or limit warranty in sale of goods and which in certain instances must be conspicuous and refer to specific warranty to be excluded.” Black’s Law Dictionary, Sixth Edition, Abridged.

When you sign something, you are putting your validation that the other words on the document are agreed to.

Signature. “The act of putting one’s name at the end of an instrument to attest its validity; the name thus written. A signature may be written by hand, printed, stamped, typewritten, engraved, photographed, or cut from one instrument and attached to another, and a signature lithographed on an instrument by a party is sufficient for the purpose of signing it; it being immaterial with what kind of instrument a signature is made. And whatever mark, symbol, or device one may choose to employ as representative of himself is sufficient.” Black’s Law Dictionary, Sixth Edition, Abridged. (emphasis added)

So, you see, when you sign, you give validity to the document. (You should look up document)

Attest. “To bear witness to; to bear witness to a fact; to affirm to be true or genuine; to act as a witness to; to certify; to certify the verity of a copy of a public document formally by signature; to make solemn declaration in words or writing to support a fact…” Black’s Law Dictionary, Sixth Edition, Abridged.

It is the opinion of this author that you should NEVER sign ANYTHING that they put in front of you, EVER. But, if you feel as if you have no choice, the following disclaimers, added BEFORE your signature, could make all the difference.

Here are some ideas.

No Liability Assumed. This is pretty clear. It means, that by signing, you are not agreeing to accept or assume any liability.

Definition of Liability:The word is a broad legal term of the most comprehensive significance, including almost every character of hazard or responsibility, absolute, contingent, or likely. It has been defined to mean: all character of debts and obligations, amenability or responsibility; an obligation one is bound in law or justice to perform; an obligation which may or may not ripen into a debt; any kind of debt or liability; either absolute or contingent, express or implied”… Black’s Law Dictionary, Sixth Edition, Abridged.

So you can see, that disclaiming the assumption of all liability is pretty powerful.

No Value Assured. When you use this disclaimer, you are saying that you do not agree the document is equal to any amount of money, or worth. This is a fun one to use on endorsed checks. J

Definition of Value: “Also the estimated or appraised worth of any object or property, calculated in money.” Black’s Law Dictionary, Sixth Edition, Abridged.

Without Recourse. This is a UCC (Uniform Commercial Code) term. I also use this one on endorsed checks. I will let you look this one up. It is basically synonymous with “No liability assumed.”

No benefit or interest received, used, or enjoyed. This is an additional disclaimer that you can use if you are thinking that you may be possibly construed to be receiving a benefit of some type, or if you feel you are being enticed into a trust. I would use this on any hospital or medical paperwork, should you be forced to sign such paperwork.

No warranty implied or expressed. This is if you are selling or offering something, and you don’t want to get bit in the butt with a claim later on. This is kind of overkill, but if you are writing a list of disclaimers, you might as well include this one, if you are the “or” party: Grantor, settlor, offeror, seller, etc.
Non-assumpsit to terms and/or conditions. I would add this to any court papers or bail, bond, or other papers presented to me by any court, if I chose to sign them at all, which I most likely wouldn’t.

Not Transferable. This means that I do not allow anyone to use this writing for any purpose other than what I wrote it for, nor to use it in any other setting (such as court) to be evidence against me.

Non-Negotiable. This means that I do not lend my signature to them negotiating the document I am signing as a negotiable instrument. Most things you sign for a government agency can be negotiated as debt instruments, and/or proof of citizenship. I don’t have proof that they are negotiated as such, but it is a high probability.

As Edited and/or Novated. This, placed before the signature, shows that I have edited and/or novated (changed) the document, and that, including the novations, and my disclaimers, my signature applies. It is well within your right to edit or novate a writing before signing it.

Not in any individual capacity. This shows that I am not acting as an individual, but I am acting in association with my heavenly Father. This goes on EVERYTHING I sign, other than a check, since my disclaimers there remove liability from me.

When I endorse a check, I use the following:

Exchanged for non-negotiable, non-redeemable FEDERAL RESERVE NOTES of face value – No liability assumed, no value assured, without recourse, no interest or benefit received or enjoyed, perfect title accepted.

Then, I sign my true name, and the red ink thumbprint extends into this disclaimer. (this is so they cannot remove part of it.) If the check is made payable to the order of a LEGAL NAME, I write “True Name d/b/a/ LEGAL NAME”, then sign below all of that, and put the thumbprint there, extending up into as much of this disclaimer as I can.

When I have done this in a bank that charges to get a check cashed (if the one presenting it does not have an account at that bank) they have never charged me a fee, because I have not assumed that liability."



All written above is property of the Who's Your Daddy Trust, and posted here by the poster with authority from said Trust.



Actually, I have not updated this writing, and I use more updated disclaimers now, eliminating as many negative words as possible.



For instance, instead of "No liability assumed" I now use "absent assumption of any liability"



For negotiable instrument non-indorsement:




Exchanged for Non-Negotiable FEDERAL RESERVE NOTES of face value - Absent assumption of liability - Absent receipt or enjoyment of benefit - Absent accommodation - Without recourse - Without the U.S. - Absent assurance of value - Absent assumpsit with hereon unwritten terms, conditions, resolutions, trusts, laws, codes, statutes or other obligations, absent individual capacity, absent capacity as a U.S. person:



Have fun