Signed Disclaimer

[jnetzer]

If I signed a disclaimer prior to having my furniture cleaned and again after the work was completed, do I have any chance of winning a case against the cleaning company in small claims court? The disclaimer states: "The Company agrees to perform the service indicated in a proper and workmanlike manner, using equipment and detergents standard for the cleaning industry. The customer agrees that the Company shall not be liable for the failure to REMOVE STAINS nor any DISCOLORATION from non water fast dyes or backing threads, nor for any CHANGE IN COLOR of the carpet regardless of the cause, nor changes in texture or shading that may appear either before or after cleaning, nor for any SHRINKAGE, opening of pasted seams, of FADING OF FABRICS which may appear in the process of cleaning, FRAYING of fabrics in areas of normal wear will not be a responsibility of the company. Nor will the company be responsible for any damages to fabrics cleaned." This is a carpet and upholstery cleaning company located in California. Obviously, they ruined my furniture when they cleaned it - it bled all over the place.

 

[I AM ALWAYS LIABLE]

If I signed a disclaimer prior to having my furniture cleaned and again after the work was completed, do I have any chance of winning a case against the cleaning company in small claims court? The disclaimer states: "The Company agrees to perform the service indicated in a proper and workmanlike manner, using equipment and detergents standard for the cleaning industry. The customer agrees that the Company shall not be liable for the failure to REMOVE STAINS nor any DISCOLORATION from non water fast dyes or backing threads, nor for any CHANGE IN COLOR of the carpet regardless of the cause, nor changes in texture or shading that may appear either before or after cleaning, nor for any SHRINKAGE, opening of pasted seams, of FADING OF FABRICS which may appear in the process of cleaning, FRAYING of fabrics in areas of normal wear will not be a responsibility of the company. Nor will the company be responsible for any damages to fabrics cleaned." This is a carpet and upholstery cleaning company located in California. Obviously, they ruined my furniture when they cleaned it - it bled all over the place.

My response:

Probably not. You signed an agreement to "assume the risk".

However, it couldn't hurt to have a Small Claims judge tell you the same thing I told you here. And, who know, you just might win. So, take the chance because Small Claims court is inexpensive.

IAAL