self storage lease agreements
Is it lawful for a self storage lessor to add a ”’Release” paragraph in the lease agreement releasing itself of all liabilities for personal injury or damages from any cause whatsoever, including the lessor’s own active acts or omissions and /or active negligence, then also include a paragraph demanding indemnification for any claim brought arising from all liabilities released in the ”Release” paragraph?
These provisions do not seem lawful or enforceable. How can a lessor throw in boilerplate language releasing itself of all liabilities from any cause whatsoever, and expect to enforce that provision against a lessee/consumer who is just trying to rent space to store some personal belongings?
What laws, cases, codes, do such unconscionable provisions violate in CA, and what should a lessee do if a lessor is trying to use those provisions to protect itself from liability for damages caused by dangerous conditons on the storage facility property? Thank you.
question about yahoo auctions
Hi i was wondering if it ok completly legal to sell wholesale lists on yahoo auctions? i put in my auction this…By purchasing this autcion yoy will recieve a list of wholesalers not the actual prodict in the picture, you acknowledge that you have read the entire description, agree to the terms herein and hold harmless myself the sellerof this auction in any way shape or form. no refunds, this is agreat way to save money even by spending money here you will still save hundreds once you buy from the list. you must read the whole descrpiton before bidding so you cant be mad when you get what you bidded on which was a list not the laptop. i was wondering if this is ok if people bid they cant be mad or hold me in any legal obligations right? because its more than a paragraph of what they will be getting. thanks and please let me know.
Can a retirement fund administrator or the company they represent force you to sign an ‘agreement of indemnity’ before paying a claim/benefit that is owed?
Fitness center liability waiver
A fitness center requires members to absolve it of all responsibility for anything that goes wrong on the premises (both the contract and a waiver say this; see text below). When I pointed out that an accident might due to malfunctioning equipment, etc., the owner assured me that if the mishap were demonstrably the center’s fault, the contract and waiver would not stand up in court and would not prevent me from suing them.
My question: Is she correct? Does it make sense to sign such a contract and waiver, absolving them of all responsibility? The other factor is that this center is uniquely suited to my wife who has had a stroke. We both want to take advantage of it.
In the waiver, one agrees to ”release, waive and discharge, and to indemnify and hold harmless [center] and its employees and affiliates from all loss, expense and liability for injury, death or damages to the person or property of the undersigned while using [center]‘s facilities.”
The contract states: ”I am hearby waiving and releasing [center] from and against any and all claims, costs, liabilities, and injuries incurred while on these premises.”
Wedding Photos still not delivered!
I hired a photographer to photograph my wedding. It is now 1.5 years later, and I still don’t have any proofs. The contract indicated delivery within approx. 4-8 weeks. After many lies, I find out that the reason for delay is because the photographer is getting a divorce, and there are issues re: ownership of the business. I have secured a release from the husband which allows me to pickup the photos, which I will have to pay for out of my own pocket, despite already paying my photographer in full for the job.
Now the photographer is refusing to sign a release that allows the lab to deliver the photos directly to me, unless I sign a hold harmless agreement which will protect her, and keep her from being responsible financially for the cost of development (again, I already paid her in full, including this development cost).
I feel as if I have been held hostage and being forced to sign a legal document that limits my rights as the consumer without getting any benefit in return. On the contrary, I incur a large bill with no opportunity to try and collect my money after the fact.
Since the matter is in regards to photographs which she owns the copyright to, I feel suing is a waste of time.