How to Write a Disclaimer: Step-by-Step Tutorial

If you have ever asked yourself how to write a disclaimer, you are not alone. A disclaimer is one of the most practical legal statements a website owner can publish, yet most people are unsure what to include, how to phrase it, or where to put it.

This tutorial walks you through the process of writing a disclaimer from scratch, covering the different types of disclaimers, the elements each one should contain, and a step-by-step process you can follow for any website or business. This content is educational and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation and jurisdiction.

What a Disclaimer Does and Why You Need One

A disclaimer is a statement that limits or denies responsibility for specific content, advice, or information. When someone visits your website and acts on what they read, a disclaimer establishes the boundaries of your liability for the outcome.

Without a disclaimer, visitors may argue that they relied on your content as professional advice, that you guaranteed the accuracy of your information, or that your recommendations created a professional relationship. A disclaimer preemptively addresses these claims by setting clear expectations.

Disclaimers serve three practical purposes:

1. Liability reduction. They limit your legal exposure when visitors make decisions based on your content.
2. Expectation management. They clarify that your content is informational, not a substitute for professional services.
3. Regulatory compliance. Certain types of content, particularly affiliate marketing, financial topics, and health information, require disclosures under federal or state regulations.

A disclaimer works alongside your other legal pages. Your privacy policy covers data handling, your terms of service governs the user relationship, and your disclaimer addresses content liability specifically.

Types of Disclaimers and When You Need Them

Before you write a disclaimer, identify which types apply to your website. Most sites need at least one, and many need two or three.

General website disclaimer

Every website benefits from a general disclaimer. This covers the broadest scope: your content is provided "as is" for informational purposes, you make no warranties about accuracy or completeness, and use of your site is at the visitor's own risk. This is the foundation that other, more specific disclaimers build on.

Affiliate and sponsorship disclaimer

If you earn commissions, receive free products, or have any material connection to products or services you mention, the FTC's Endorsement Guides (16 CFR Part 255) require clear disclosure. The FTC has pursued enforcement actions resulting in fines exceeding $4.2 million for undisclosed affiliate relationships.

Your affiliate disclaimer must be:

• Written in plain language ("I earn a commission if you buy through my links")
• Placed near the endorsement, not buried in a footer or separate page
• Clear and conspicuous to a reasonable reader

Professional advice disclaimer

If your website covers topics in law, medicine, finance, accounting, mental health, or any licensed profession, you need a disclaimer stating that your content does not constitute professional advice, does not create a professional-client relationship, and should not replace consultation with a licensed practitioner.

This type of disclaimer is particularly important because:

• Publishing legal information without a disclaimer can be construed as unauthorized practice of law in some jurisdictions
• Health content without medical disclaimers creates liability if readers self-diagnose or self-treat
• Financial content is subject to SEC and FINRA rules governing public communications

"No guarantee" or earnings disclaimer

If your website discusses business strategies, investment approaches, or methods for earning money, you need a disclaimer stating that results vary, past performance does not guarantee future results, and you make no promises about specific outcomes. The FTC scrutinizes income claims closely, and unsubstantiated earnings representations violate Section 5 of the FTC Act.

Views expressed disclaimer

If your website features content from multiple authors, guest contributors, or user-generated content, a "views expressed" disclaimer clarifies that these contributions represent the opinions of their authors and do not necessarily reflect your organization's position. This is common on blogs, news sites, and community platforms.

External links disclaimer

If your website links to third-party resources, a links disclaimer states that you do not control, endorse, or take responsibility for the content, accuracy, or practices of those external sites. This is standard practice and protects you if a linked site publishes harmful or inaccurate content.

How to Write a Disclaimer: Step-by-Step Process

Follow these seven steps to write a disclaimer that is specific, clear, and legally meaningful.

Step 1: Identify your risks

Before writing a single word, list every type of content or activity on your website that could create liability. Ask yourself:

• Do I publish information that someone could act on to their detriment?
• Do I earn commissions or receive compensation from products I mention?
• Does my content cover topics that require professional licensing?
• Do I link to external websites?
• Do I allow user-generated content or guest posts?
• Do I make claims about potential results or earnings?

Each "yes" answer maps to a disclaimer type from the previous section.

Step 2: State the purpose of your content

Open your disclaimer by clearly defining what your content is and what it is not. Be specific rather than vague.

Weak: "This website is for informational purposes only."

Stronger: "The articles and guides on this website provide general information about small business tax obligations. They are not a substitute for advice from a licensed CPA or tax attorney, and they do not create a professional-client relationship between you and [Your Business Name]."

The stronger version names the subject area, identifies what professional alternative should be sought, and explicitly denies a professional relationship.

Step 3: Disclaim warranties on accuracy

State that while you strive for accuracy, you cannot guarantee that all information is current, complete, or error-free. This is important because:

• Laws and regulations change, and your older content may become outdated
• General information may not apply to every reader's specific situation
• Errors, despite your best efforts, are possible

Example language: "[Your Business Name] makes reasonable efforts to ensure the accuracy of the information on this website. However, we make no warranties or representations, express or implied, about the completeness, accuracy, reliability, or suitability of the content for any particular purpose."

Step 4: Limit your liability

Clearly state that you are not responsible for decisions made based on your content or for any damages that result from using your website. This is the core protective function of a disclaimer.

Effective liability limitation language should:

• Specify the types of damages you disclaim (direct, indirect, incidental, consequential)
• Cover both the content itself and any actions taken based on it
• Note that the limitation applies to the fullest extent permitted by applicable law (because some jurisdictions restrict how broadly you can disclaim liability)

Step 5: Add required regulatory disclosures

If your risk assessment from Step 1 identified regulatory requirements, add the specific disclosures those regulations mandate.

For affiliate content, include FTC-compliant disclosure language. For financial content, include appropriate SEC or FINRA disclaimers. For health content, include a statement that your content is not medical advice and does not replace a physician's guidance.

These regulatory disclosures should be specific and reference the applicable rules. Vague language like "some links may be affiliate links" does not satisfy FTC requirements. The disclosure must be unambiguous: "This post contains affiliate links. If you purchase through these links, I earn a commission at no additional cost to you."

Step 6: Address external content and links

If your site links to third-party resources or hosts user-generated content, add a section disclaiming responsibility for content you do not control. State that:

• External links are provided for convenience and reference
• You do not endorse or verify the content, products, or services of linked sites
• Users follow external links at their own risk
• User-generated content (comments, forum posts, reviews) reflects the opinions of the poster, not your organization

Step 7: Specify governing law and updates

Close your disclaimer with two practical details:

1. Governing law. State which jurisdiction's laws govern your disclaimer. This is typically the state or country where your business is registered.
2. Modification rights. Reserve the right to update your disclaimer and state how users will be notified of changes (typically by updating the date on the page).

How to Write a Disclaimer Using a Generator

If writing a disclaimer from scratch feels overwhelming, a disclaimer generator simplifies the process by asking structured questions about your website and producing customized language based on your answers.

A disclaimer generator typically covers:

• Your business name and website URL
• The type of content you publish
• Whether you have affiliate relationships
• Whether your content covers professional topics (legal, medical, financial)
• Whether you allow user-generated content

The generator uses your answers to produce a disclaimer tailored to your specific situation. This approach has two advantages over copying a generic template: the output addresses your actual risks, and it includes the specific language required by applicable regulations.

For websites that also need privacy policies, cookie policies, or terms of service, TermsBox provides generators for all major compliance documents, hosted at clean URLs under your company name.

How to Write a Disclaimer That Holds Up Legally

A disclaimer is only useful if it would be enforceable in the event of a dispute. Courts evaluate disclaimers based on several factors that you should keep in mind during the writing process.

Be specific, not generic

Courts give more weight to disclaimers that specifically describe the risks being disclaimed. A general statement that "we are not responsible for anything" is far less effective than a disclaimer that identifies the specific type of content, the specific risks involved, and the specific actions the reader should take instead (such as consulting a licensed professional).

Use clear, plain language

Disclaimers written in dense legal jargon may be deemed unenforceable if a court finds that a reasonable person would not understand them. Write at a reading level your audience can comprehend. Avoid Latin phrases, convoluted sentence structures, and unnecessarily complex vocabulary.

Make it conspicuous

A disclaimer buried in small text at the bottom of a rarely visited page is less likely to be enforced than one that is clearly visible and accessible. Best practices for conspicuousness include:

• Placing the disclaimer on its own dedicated page
• Linking to it from your website footer on every page
• Using a readable font size (no smaller than your body text)
• For content-specific disclaimers, positioning them at the top of the relevant page

Do not overreach

Disclaimers that attempt to waive liability for fraud, gross negligence, or intentional misconduct are unenforceable in virtually every jurisdiction. Similarly, you cannot disclaim statutory consumer rights. Keep your disclaimer within the bounds of what the law permits, and include the phrase "to the fullest extent permitted by applicable law" to acknowledge these boundaries.

Keep it current

Review and update your disclaimer when your content, business model, or applicable laws change. A disclaimer written for a personal blog does not adequately cover a site that has since added affiliate marketing, professional advice columns, or an e-commerce store. Date your disclaimer so visitors know when it was last reviewed.

Common Mistakes When Writing a Disclaimer

Avoid these errors that weaken or invalidate disclaimers:

• Copying another website's disclaimer. Their disclaimer addresses their risks and their jurisdiction. Yours needs to address your own. Using someone else's disclaimer may leave gaps in your coverage or include irrelevant provisions.
• Being too vague. "Use this site at your own risk" without specifying what risks exist is unlikely to hold up if challenged. Name the specific content types and potential consequences.
• Hiding it. A disclaimer no one can find offers minimal protection. Link to it prominently and place content-specific versions where they are relevant.
• Forgetting to update it. Your website evolves, and your disclaimer should evolve with it. Adding affiliate links, launching a new content section, or expanding into regulated topics all warrant a disclaimer review.
• Omitting required disclosures. If you have affiliate relationships and do not disclose them, you violate FTC guidelines regardless of what your general disclaimer says. Regulatory disclosures are not optional.
• Using it as a substitute for proper conduct. A disclaimer does not protect you from liability for content that is knowingly false, deliberately misleading, or created with intent to harm. It limits liability for good-faith informational content.

Where to Place Your Disclaimer on Your Website

Placement affects both user awareness and legal enforceability. Follow these guidelines:

Dedicated disclaimer page

Create a standalone page at a URL like yoursite.com/disclaimer. This page should contain your full, comprehensive disclaimer covering all types relevant to your website. Link to this page from your footer navigation so it is accessible from every page on your site.

Content-specific placement

For disclaimers that apply to specific content types, place abbreviated versions directly on the relevant pages:

• Affiliate disclaimers. At the top of any post or page containing affiliate links, before the first affiliate link appears
• Professional disclaimers. At the beginning of articles covering legal, medical, or financial topics
• Earnings disclaimers. Before any discussion of income potential or business results

Footer notice

A brief one-sentence disclaimer in your site footer provides baseline coverage and links to the full disclaimer page. Example: "The information on this website is for general informational purposes only. See our full Disclaimer for details."

Within your terms of service

Your terms of service should reference your disclaimer and may incorporate its key provisions. This creates a contractual layer of protection in addition to the standalone disclaimer.

Frequently Asked Questions

Do I need a lawyer to write a disclaimer?

Not necessarily. Many standard disclaimers for websites, blogs, and small businesses can be written using a generator or by following a structured template. However, if your business operates in a regulated industry such as healthcare, finance, or law, or if you face specific liability risks, having an attorney review your disclaimer is strongly recommended. A lawyer can tailor language to your jurisdiction and ensure it addresses your particular risk profile.

What is the difference between a disclaimer and a terms of service?

A disclaimer is a focused statement that limits your liability for specific content, advice, or information on your website. Terms of service are a comprehensive legal agreement that governs the entire relationship between your business and its users, covering topics like acceptable use, intellectual property, payment terms, account termination, and dispute resolution. Most websites need both documents.

Can a disclaimer protect me from all lawsuits?

No. A well-written disclaimer reduces your legal exposure but does not provide absolute immunity. Courts routinely disregard disclaimers that attempt to waive liability for gross negligence, fraud, or intentional harm. Disclaimers also cannot override statutory consumer protection rights. Their effectiveness depends on how specific, visible, and reasonable the language is under the applicable law.

Where should I place my disclaimer on my website?

Place your primary disclaimer on a dedicated page linked from your website footer so it is accessible from every page. For content-specific disclaimers like affiliate disclosures, place them at the top of the relevant page before the content they apply to. The FTC requires affiliate and sponsorship disclosures to be clear, conspicuous, and positioned near the endorsement. Repeating key disclaimers in your site footer or sidebar increases visibility.