10 replies to this topic

[A. Fenix]

Hey everyone,

I'm mentoring someone and was asked a great question. Are there disclaimer standards, and if so what are they? I know that I have my standards, but I'd like to take this opportunity to hear from the rest of the cartographic community on this. I'm sure that each of us mappers has gotten a little shakey at times while typing out the final disclaimer on a map that may circle far and wide into unknown hands. What are the resources or general principles that guide us when writing our disclaimers? Templates?

For example, I always include “This map will change over time without notice. ******* assumes no responsibility or legal liability…..”

happy monday!

analisa

[Hans van der Maarel]

I'm mentoring someone and was asked a great question. Are there disclaimer standards, and if so what are they? I know that I have my standards, but I'd like to take this opportunity to hear from the rest of the cartographic community on this. I'm sure that each of us mappers has gotten a little shakey at times while typing out the final disclaimer on a map that may circle far and wide into unknown hands. What are the resources or general principles that guide us when writing our disclaimers? Templates?

For example, I always include “This map will change over time without notice. ******* assumes no responsibility or legal liability…..”

I think it depends on the type of map and the scope of its potential use. I tend to use something along the lines of:
"XXXXXXXX has done everything in its power to ensure the data on this map is accurate and reliable. However, some errors may still be present. XXXXXXX does not assume any responsibility for any damages caused by (mis)use of this map".

We had a thread about this about a year ago: Standard Disclaimer

[A. Fenix]

Thank you for your feedback Hans. I'll read the former thread (sorry that i forgot to check the archives before posting)

analisa

[MapMedia]

I do not know of any standards for this industry, as opposed to real estate.
Also, I try not to use ****** explicatives in my disclaimer, but I guess sometimes its necessary.

[Hans van der Maarel]

I do not know of any standards for this industry, as opposed to real estate.
Also, I try not to use ****** explicatives in my disclaimer, but I guess sometimes its necessary.

It gets the attention of the readers, that's what it's all about... XXXXXXXX!!

[Neil Allen]

There is a reason that we carry "Errors & Omissions" insurance; a disclaimer no matter how "standard" cannot completely remove your liability as a cartographer. Google would appear to realize this (and can afford it too) as their terms and conditions are lengthy. I am aware of other map publishers currently carrying this type of insurance too. We hope to never have to use it, but the U.S. hosts a very litigious culture that we'd rather avoid.

[Hans van der Maarel]

but the U.S. hosts a very litigious culture that we'd rather avoid.

We're catching up on you: earlier this year somebody sued the lottery for emotional damages because her neighbours won and she didn't... She didn't even play in that lottery! Needless to say, the case was dismissed...

I have to explain that that specific lottery is location based: a zipcode ("street") wins and then everybody who's playing in that lottery within that area gets to share in the prize (1 lottery ticket = 1 share).

[BioGeoMan]

I use the following on most of my maps:

This map is for informational purposes and is not suitable for and was not prepared for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.


Is this enough? Please advise.

Thanks,
M.

[Rob]

I use the following on most of my maps:

This map is for informational purposes and is not suitable for and was not prepared for legal, engineering, or surveying purposes. Users of this information should review or consult the primary data and information sources to ascertain the usability of the information.


Is this enough? Please advise.

Thanks,
M.

I've been going with this more straight forward disclaimer lately: "If you hurt or kill yourself or someone else while using this map it is not my fault."

And I haven't been sued yet!!!

[natcase]

Besides language on the map, it's important to include an indemnification clause in contracts with clients.

We vary our language depending on scale of the map and intended purpose, but it usually includes "We disclaim responsibility for damages or injury resulting from use of or reliance upon this map (for heaven's sake, use your head!)". We often also include a sentence like, "The appearance of commercial esatblishments on this map does not imply endorsement of them by the editors or publishers."

Hope this helps.

[David Medeiros]

I know this is an old thread but I thought I'd share anyway. The following is my disclaimer note on a hiking map & guide I did for the Kokee State Park a few years ago:

"NOTE This map is not intended for navigational purposes and should be used as
a planning guide and reference only. It is the end users sole responsibility to provide
for their safety and wellbeing. If you are unsure of your abilities find an experienced
hiker to travel with. Have fun and be safe!"

I think anything that alerts the user to the concept that ultimately it is their responsibility to apply critical thinking in the use of any guide (map or book) is sufficient.