Health and fitness disclaimer

Health and fitness is arguably one of the more risky publishing verticals. If health and fitness information is wrong, illness or injury may result; and even if the information is right, it may be misinterpreted, again potentially resulting in physical loss or damage. Under English law, if a person’s negligence results in personal injury or death, that person may not limit or exclude the resulting liability. That does not mean, however, that there is nothing that can be done to circumscribe the risks associated with publishing information in this field. This disclaimer template is designed to help publishers to manage such risks.

*We ask that you buy a licence only if you want to use the disclaimer without the included attribution text.

The initial sections of the disclaimer template make it clear that the publisher is not offering advice, but rather information. Whilst there is no specific legal distinction between advice and information, the purpose of this text is to highlight that the information has not been tailored to the reader – and must not be treated as equivalent to advice given by an expert with knowledge of the reader’s circumstances.

The next couple of sections seek to exclude all “warranties and representations” relating to the health and fitness information, and boldly assert that the information may be untrue, inaccurate, incomplete, out-of-date and/or misleading. Depending upon how you use the disclaimer, you may wish to refine these sections.

The disclaimer goes on to highlight that “all exercise involves a risk of personal injury, including a small risk of serious injury or death, and agree that you are responsible for your health and well-being in relation to any exercise programme that you may undertake”.

The disclaimer also includes sections covering medical assistance and interactive website features, concluding with a limitation upon the disclaimers designed to protect the text against statutory and judicial interventions.

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