Tony Ellrod Examines the Value of Exculpatory Clauses
Los Angeles Founding Partner Anthony J. Ellrod recently wrote an article on the protections afforded to businesses through the inclusion of exculpatory clauses in commercial agreements, especially leases. While these clauses are regularly found in membership or participation agreements, their inclusion in commercial and residential leases can reduce potential liability exposure and provide another layer of protection for landlords.
Best practices require all business owners to make efforts to reduce potential liability exposure as much as reasonably possible. For both commercial and residential landlords, this would include adding an exculpatory clause to their lease agreements. However such provisions must be drafted carefully to assure that they will be enforced. If properly constructed, an exculpatory clause in a lease agreement will provide another layer of protection for a landlord, and could end up saving your business.
Mr. Ellrod’s piece was published by WaiverSign – an online platform that facilitates the signing of business agreements, liability waivers and other documents through a digital, contactless system. The article is part of a series commissioned by WaiverSign to educate their customers so that they can create more comprehensive and valuable liability waivers.
Anthony J. Ellrod, a founding partner of Manning & Kass, holds an AV Preeminent® rating from Martindale-Hubbell, and is an Associate of the American Board of Trial Advocates. He was named a 2012-2019 Top Business Litigation Attorney by Pasadena Magazine, as well as a 2005–2010, 2016-2021 Super Lawyer, and a 2009-2010 Super Lawyer – Business Addition. Mr. Ellrod presently heads the firm's Business Litigation; Corporate and Commercial Transactions; Intellectual Property; and Sports, Recreation, and Attractions Law Teams.