A contract that exculpates one party for negligence or other wrongdoing will often be viewed as unconscionable.

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Exculpatory clauses, which release one party from liability for their own negligence or wrongdoing, are often considered unfair and unconscionable by courts. Such clauses are typically found in contracts of adhesion, where the party with greater bargaining power imposes the terms on the weaker party, leaving them with little or no opportunity to negotiate or modify the terms. As a result, many courts will refuse to enforce such clauses, especially when they involve important public interests, such as public health, safety, or welfare.

A Contract That Exculpates One Party for Negligence or Other