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.
Cross-platform context
See how other platforms handle Unattended Prescription Delivery Liability Waiver and similar clauses.
Compare across platforms →"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 Terms of Service (Superseded Capture)
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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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