Users who elect unattended prescription drug delivery waive and release all claims against Instacart, its affiliates, and Third-Party Providers for loss, theft, physical harm, bodily injury, death, and health information privacy disclosure arising from that delivery method, including claims arising from Instacart's own negligence, to the extent permitted by law.
This analysis describes what Instacart's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision extends the waiver to claims arising from Instacart's own negligence and from sensitive health information disclosure, including information relating to mental health, HIV status, and sexually transmitted infections. The provision also includes an indemnification obligation requiring users who elect unattended delivery to defend Instacart and Third-Party Providers against third-party claims arising from that election.
Interpretive note: Enforceability of the negligence waiver for bodily injury and death varies significantly by jurisdiction; California and several other states may not permit such waivers in consumer adhesion contracts.
Users who opt into unattended prescription delivery agree to release claims against Instacart for bodily injury, death, medication loss or theft, and disclosure of sensitive health information such as mental health conditions and HIV status, including claims based on Instacart's negligence. The agreement states users may opt out of unattended delivery at any time by updating delivery preferences or contacting customer support.
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"You acknowledge and agree that Unattended Delivery involves inherent risks, and you assume all risks associated with Unattended Delivery, whether or not expressly described in these Terms. These risks include, without limitation: Loss, theft, or damage... Delay and adverse health consequences. If your prescription is lost, stolen, damaged, or delayed as a result of Unattended Delivery, you may experience a delay in receiving or taking your medication as prescribed, which could result in serious adverse health consequences, including bodily injury or death. Privacy disclosure... To the maximum extent permitted by law, you waive, release, and discharge Instacart, its affiliates, and Third-Party Providers from any and all claims, demands, liabilities, damages, losses, or injuries arising out of or related to Unattended Delivery, whether arising directly or indirectly and whether resulting from the negligence or other acts or omissions of Instacart, its affiliates, or Third-Party Providers or as a result of any theft of the prescription.— Excerpt from Instacart's Instacart Terms of Service (Superseded Capture)
1. REGULATORY LANDSCAPE: This provision engages HIPAA and applicable state health privacy statutes regarding the disclosure of protected health information through unattended delivery packaging. State pharmacy practice acts in multiple jurisdictions impose requirements on prescription delivery procedures that may interact with this waiver. The FTC Act may apply to the adequacy of disclosure for negligence waivers in consumer contracts. State-level statutes in California and other jurisdictions may restrict negligence waivers in consumer adhesion contracts. 2. GOVERNANCE EXPOSURE: High. The waiver explicitly covers claims arising from Instacart's own negligence and from the disclosure of sensitive health categories including mental health, HIV status, and sexually transmitted infections. The enforceability of negligence waivers in healthcare-adjacent services is subject to significant jurisdictional variation. The indemnification obligation imposed on users adds a reciprocal liability exposure that is atypical in standard consumer delivery terms. 3. JURISDICTION FLAGS: California Civil Code Section 1668 prohibits contractual exemptions from liability for negligence in certain consumer contexts. The Unruh Civil Rights Act and state health privacy statutes may further restrict enforceability. New York and Illinois pharmacy regulations may impose mandatory delivery verification procedures that conflict with this waiver mechanism. HIPAA covered entity obligations of the dispensing pharmacy may independently restrict packaging and handling practices referenced in this provision. 4. VENDOR AND CONTRACT IMPLICATIONS: The indemnification clause shifts defense costs to users who elect unattended delivery, which is atypical in consumer delivery agreements. Legal teams advising employers or benefits administrators that use Instacart Rx for workforce prescription benefits should assess whether this indemnification obligation is compatible with applicable employment benefit plan structures. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the opt-in mechanism for unattended delivery satisfies informed consent standards under applicable pharmacy practice and health privacy regulations. The explicit enumeration of sensitive health information categories in the privacy disclosure risk section may constitute a standalone disclosure obligation under state health information privacy statutes. The opt-out mechanism (updating delivery preferences or contacting customer support) should be evaluated for accessibility and clarity against applicable consumer protection notice standards.
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This provision extends the waiver to claims arising from Instacart's own negligence and from sensitive health information disclosure, including information relating to mental health, HIV status, and sexually transmitted infections. The provision also includes an indemnification obligation requiring users who elect unattended delivery to defend Instacart and Third-Party Providers against third-party claims arising from that election.
Users who opt into unattended prescription delivery agree to release claims against Instacart for bodily injury, death, medication loss or theft, and disclosure of sensitive health information such as mental health conditions and HIV status, including claims based on Instacart's negligence. The agreement states users may opt out of unattended delivery at any time by updating delivery preferences or contacting …
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