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[jmr]

this guy from work (who i dont know) has asked me to flash his kids ds's 2 of them
so im trying to think on how i can write a disclaimer for him to sign
before i do it in case any thing gos wrong
ive flashed my own with no problem but doing someone elses if a different matter
i dont mind doing it & im not making any money from it
so can anyone think of a way i can word a disclaimer???

[mgarrine]

NOt worry about the tone of the words, even if they are simply and not so "legally" formulated, when they are signed they state your and your counterpart agreeement, that becomes relevant for the law.

But mostly depend of your native country laws...

in Italy would be so...

have luck

[socket]

Yeah, you can just write something even as simple as: "jmr will not be held responsible if your DS gets bricked."  (Well, maybe a little more, but you get the idea) have him sign it, etc.

[Haoie]

Well I've studied contractual law, and it does depend on the nation.

You don't always need a written contract, but it's safer.
Always exchange some form of consideration [as in money etc]
Make sure he's not drunk, etc

And if you do use the above quote, you'd better explain jargon like "bricked".

[scootdog]

I don't think anybody would sue someone for $100 bucks for bricking their DS.  If they did, the only court that would probably here the case is some TV Court show.

If your worried the dude will actually sue, then just don't due it.

[Musulsa]

I would also second the "make sure there is some sort of consideration" statement.

Have him pay you $1.00 (any amount is fine as long as there is some sort of consideration).  This will strengthen your case should things go sour.

A simple "I, (NAME), do declare that I am contracting with (YOUR NAME) to modify my Nintendo DS portable consoles for hobby purposes.  I understand and acknowledge that such modification(s) may void any manufacturer's warrantees and/or may cause irreparable damage to the modified consoles.  I take full responsibility for any and all damages and/or subsequent malfunctions due to the modification(s)."

should do it.  I also studied law, but IANAL, so your mileage may vary.

Also print up a receipt of the transaction for your records to show that it was a commercial transaction.  Payment strengthens your case that HE approached YOU voluntarily to have the mods done.

[rocky]

thats too much work just flash the DS's it takes like 2 minutes.  And just say if you brick them its not your falt he should have done it on his own.

[Musulsa]

and just say if you brick them its not your falt he should have done it on his own.

You think that's going to fly in court in the (highly unlikely) event he gets sued?

"Hey, Your Honor, it's not my 'falt' he should have just done it on his own."
"WOW, Now that you put it THAT way.... YOU ARE SO RIGHT!"

I agree that it's highly unlikely that he will get sued, but if he does, "It's not my fault" doesn't mean jack.

[bitblt]

If your worried the dude will actually sue, then just don't due it.

I agree.  Just don't do it if you're worried about getting sued.

[jmr]

im not worried about being sued im in the uk & we dont sue people at a drop of a hat for the least little thing
i just dont want him saying to me you broke it so you can replace it
ive already told him the risks & he said its ok i just wont this for peace of mind
ill just keep it simple with no jargon

[brain_stew]

If it's a mate just don't worry about it, anyone with a small amount of decency wouldn't even give suing a second thought. I didn't even think people over here even thought about stuff like this.

[Robotochan]

Well if you're in the UK and Flashing DSs is deemed illegal then you cannot create a contract. I studied Contract Law at uni this year (although it was mostely Scot's Law)

[lu_pp]

If you do not know this guy, Just say no. I do not know how to do it.