Exculpatory clause

Within a contract, an exculpatory clause is a statement that aims to prevent one party from holding the other party liable for damages.

[1] An exculpatory clause is generally only enforceable if it does not conflict with existing public policy.

[2] The two other prerequisites for an exculpatory clause to be valid are that the contract must pertain to the involved parties' private affairs, and each of the involved parties must be free bargaining agents to the contract in question such that there is no adhesion.

[3]

A swimming pool at Comfort Inn located in Downtown Charleston, South Carolina with a posted sign stating "No lifeguard on duty, swim at your own risk"