Disclaimers: How They Can Protect Your Business (2025 Updated)

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When you first think about the legal help you’ll need for your business in 2025, you might hear people suggest that you’ll need a disclaimer.

If you’re offering goods or products that involve inherent risks, having a well-crafted disclaimer is important to ensure your customers are aware of these risks and that you’re as protected as possible under current law.

What Is A Disclaimer?

A disclaimer is a straightforward legal statement that clarifies the limitations of your liability. Its purpose is to inform your customers about the specific boundaries of responsibility regarding the goods or services you provide.

It sets out that both you and your customers understand what is covered under your provision of goods and services, and that any use beyond the intended scope is expressly the customer’s responsibility.

Why Do I Need A Disclaimer?

Simply put, you’ll need a disclaimer whenever your business involves any sort of risk, particularly in light of the evolving regulatory landscape in 2025.

At Sprintlaw, we’ve consulted with thousands of small businesses and startups across Australia — from those operating as a sole trader to incorporated companies — who offer a wide range of goods and services that inherently expose them to various risks.

The last thing you want as a small business is to be held accountable for issues outside of your control.

Having a robust disclaimer in place ensures that there’s a mutual understanding between you and your customers regarding the scope of your liability.

When Can I Use A Disclaimer?

Depending on your business model, the nature of the goods or services you offer, and your customer base, a legal disclaimer can be tailored to protect your business in multiple scenarios.

Let’s go through two straightforward examples.

First, imagine you’re running an online store that sells beauty products.

You could be manufacturing these products yourself, and your online buyers may purchase them for personal use, as gifts, or even for resale.

In today’s interconnected market, it’s often hard to predict where your products might end up or how they will be used.

For a small business with a tight budget, you want to avoid financial exposure from issues like improper use or reliance on a product for an unintended purpose.

Customers may have expectations that differ from your design – or they might use the product in ways it was never meant to be used.

This is where a legal disclaimer becomes invaluable.

In this case, the disclaimer would clearly state that your beauty products (including skincare and hair products) do not constitute therapeutic medical advice, and should not be relied upon for such purposes.

Additionally, it would outline any specific instructions — for instance, advising that certain products may not be suitable for users with sensitive skin, in line with the latest safety standards of 2025.

A second example is when you provide coaching or mentoring support — whether through an online fitness program or a mobile app. Here, a legal disclaimer clarifies that your services do not substitute for professional medical or legal advice, thereby protecting your business from potential claims.

Does A Disclaimer Exclude Me From All Types of Liability?

One of the benefits of a properly drafted legal disclaimer is that it lets you operate your business with peace of mind, minimising the risk of being held liable for issues beyond your control.

However, it’s crucial to remember that a disclaimer isn’t a magic shield — you can’t simply write one off and exclude all liability.

Recent updates in Australian consumer law in 2025 mean that for certain regulated goods and services the extent of liability exclusion may be limited. In such cases, reviewing your obligations in light of current legislation is a wise move. For further guidance, you might find it useful to explore our resources on regulatory compliance and risk management.

If your industry requires specific licences or registrations, there may be statutory rules governing how you limit your liability, and a seasoned lawyer can walk you through these nuances.

Otherwise, a capable lawyer will help identify your main risks and determine how a well-crafted disclaimer can be effectively implemented.

What Else Do I Need?

While a disclaimer is a critical part of your legal toolkit, it should be integrated into a broader suite of legal documents that protect your business.

Your disclaimer can be incorporated within your comprehensive Business Terms and Conditions. This document not only includes disclaimer clauses but also addresses payment, delivery, supply, and limitations on liability — ensuring your business is comprehensively safeguarded.

If you’re collecting personal information from your customers, a robust Privacy Policy is also essential to comply with the latest data privacy laws effective in 2025.

Moreover, whenever you operate a website, having clear Website Terms & Conditions helps govern the use of your online platform, protecting you from potential disputes in an increasingly digital business environment.

In addition, as the legal landscape continues to evolve in 2025, it’s wise to have your legal documentation reviewed regularly. This ensures that your disclaimer and other policies stay up-to-date with any changes in legislation, thereby maintaining the integrity and protection of your business. For further advice on maintaining compliance, you might also consider reading our guide on Legal Requirements for Starting a Business.

Need Help With A Disclaimer?

If you’d like to get started with a disclaimer tailored to your business, we’re here to help!

Our team of lawyers has worked with hundreds of startups and small businesses across Australia, ensuring that they’re protected with comprehensive legal documentation — so we truly understand your needs.

You can reach out to our team at team@sprintlaw.com.au or call 1800 730 617 for a free consultation.

Remember, a solid legal framework in 2025 sets the foundation for your business’s success. Whether you’re a new startup or an established enterprise, having the right legal documents in place — from disclaimers to comprehensive terms and conditions — is crucial for protecting your interests as you grow. For more insights on building a robust legal strategy, check out our Getting Started with Your Legals guide.

Regie Anne Gardoce

Regie is the Legal Transformation Lead at Sprintlaw, with a law degree from UNSW. Regie has previous experience working across law firms and tech startups, and has brought these passions together in her work at Sprintlaw.

Amelia Abbott

Amelia is a commercial lawyer with a background in major projects, IP and IT outsourcing. Before joining the Sprintlaw team, Amelia worked at two national law firms and completed her studies in Law and Psychology at the Australian National University.