Having waiver forms in place protects your business from future litigation because the court case would all depend on what’s written in that form. Judges love a good contract case. If you have an attorney draft the terms and conditions form, it will probably include what’s called a merger clause that protects everyone litigating from having to go through lengthy (read: expensive) discovery (collecting everyone’s testimony, hiring attorneys to read through hundreds, or even thousands of emails, and so on ad nauseam). A good contract voids out all other oral or written agreements and allows the court to simply use the contract itself.
If you are performing services, the scope of those services needs to be laid out plainly so that everyone’s expectations are realistic. If you are a therapist, for example, you need to explain that you are there for those specific services. While you may touch on physical health issues, you are not a medical doctor and should not be expected to analyze your patient’s physical health.
If you offer a product, your T&Cs form will probably include waivers for improper use of your product. If your product can be opened and parts on the inside are small, you need to warn that these parts can be harmful to infants if eaten. If your product is dangerous if used in certain ways, you need to specify exactly how your product is intended to be used and let your customers know that any misuse of your product is their responsibility.