What kind of rug cleaning disclaimer should I use?

[admin]

Do you guys have any examples of a rug cleaning disclaimer?

If not, what are some of the most important things to mention in the disclaimer so you are not held responsible for certain rugs?

[LisaWagner]

Here's the deal - YOU are supposed to be the expert. No disclaimer is going to save you from replacing a rug you have ruined - the courts will always side with the consumer unless you can prove fraud or misdeeds on their part.

This is why you have checklists to make sure you do not take on rugs you should be turning away ... this is why you have insurance ... this is why your STRONGEST skill is pre-inspection to catch the problems BEFORE you clean instead of during or after.

If disclaimers were fullproof, then there would be no malpractice lawsuits because we all sign those waivers that if they kill you there is no liability ... yet, surprisingly, doctors are sued all of the time.

There is no magic waiver that says "if you use Haitian COTTON shampoo on a wool rug and ruin it, you are not responsibile for using the wrong product" or if you use 120 degrees of heat and bleed a rug that you are not responsible or if you use traffic lane cleaner with a pH of 12 and bleed a wool rug that you are not responsible.

If you have CLEAR notes on an invoice "pet stain is permanent and will not improve with cleaning" and the client signs it, that's good. If you have CLEAR checklists that show you tested the fibers, dyes, and inspected the construction - that's good. If you build great rapport with the client and they know you will do your best, that's good. (Actually, that is great because people do not sue people they like.)

But if you go to court without photo backup, without checklists on your procedures, without proof that you are skilled at this craft - then you can kiss your disclaimer goodbye because courts do not like disclaimers and fine print ... and judges resent you taking up valuable court time by not cleaning this problem up on your own.

When we have to replace a rug - we chalk it up as a marketing expense because we never want a client feeling wronged. It's just what you do. Even with our disclaimer - it's a filter for us, because if someone refuses to sign it, then I know they are a problem before we even begin the cleaning - which happens about once every ten years.

If you want something general, then say that you are not responsible for pre-existing conditions, manufacturing flaws, poor quality fibers, dyes, or construction. If you do not have care,custody, and control insurance - then make a note that you are self-insured up to a particular amount per rug (get your lawyer and insurance agent to approve the verbage for you).

Lisa