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-   -   Indemnity-I was asked to leave this resort (http://www.irv2.com/forums/f59/indemnity-i-was-asked-to-leave-this-resort-143613.html)

Startech 11-21-2012 12:30 PM

Indemnity-I was asked to leave this resort
 
"INDEMNITY: Customer shall indemnify and hold Owner harmless from and against any and all claims, demands, costs and expenses, including reasonable attorney's fees, arising from damages caused by fire, water, wind, vandalism, acts of God, or accidents, owner and/or customer actions or in-actions (or those of their employees, agents, or invitees). or any other related to Customer's use or occupation of the RV site."

I drew a line through the underlined part, signed and paid. The next morning, I found a note on my door asking me to come to the office for a refund and leave. I went to the office and offered to sign a new unmarked agreement, but was denied quite rudely.

Was I really that out of line? The shame of it is, there is no other resorts in the area. This is/was my home base. I have stayed here several times on a monthly basis(once for 6 months) without ever having a problem. Never had to sign an agreement before this time. I was on a first name basis with most of the staff. During that time I have seen gardeners ruin dump hoses and water supplies. I saw a lawn mower run over a 50 amp line once also, but no damage that time. I have also seen the lawn mower throw rocks and gravel and wondered what if someone got hurt or a rock damaged a car/MH?

I am blown away....

RustyJC 11-21-2012 12:39 PM

To be brutally honest, the contract set forth the RV resort owner's terms and conditions for doing business with you. You rejected them. Consequently, he has the option of either doing business with you on your terms or choosing not to do business with you. He chose the latter.

Rusty

traveler of california 11-21-2012 12:43 PM

Did he bother to explain why he should be exempt from paying for damage caused by resort employees? BTW, what is the park's name and where is it located?

Nick

JudyH 11-21-2012 12:47 PM

I think that if you sign it you could have stayed there, and common sense would prevail if any damage was caused by negligence. I mean what judge would take that contract, as to allow for you to let someone destroy your belongings, without accepting fault.

RickO 11-21-2012 12:52 PM

I don't think this verbiage is all that unusual but their reaction to you crossing out a line seems weird. I too wonder if there isn't some explanation. Did they offer nothing? It sounds as though they really didn't want to do business with you once this happened for some reason.

Rick

greezykid 11-21-2012 12:54 PM

Common sense usually does not matter if you sign the agreement.

Craig_R 11-21-2012 01:06 PM

If you have stayed in this park in the past and never been asked to sign such a document then something has happened in recent months that has caused the park owner to force customers to sign his Hold Harmless Agreement. Evidently he feels he shouldn't be held accountable for the negligent actions of his employees.

In my opinion the best thing to do is to not go back and follow up your most recent visit with a review on RV Park Reviews :: Home and also here in the Main Index - iRV2.com Campground Reviews section of the site.

njs42 11-21-2012 01:08 PM

They set the terms, which you can reject by not staying there, modifying the terms however would require both parties to agree in advance. Not catching the fact that you crossed part of the agreement out probably does not qualify as agreement on their part.

I suppose you could say well I signed it, paid, and they accepted it therefore; but I do not see that going anywhere really.

I believe they have a reasonable worry about what your intent may be and felt you were trying to "put one over on them". Perhaps it would have been more fair to say at registration "I do not agree with a few of these statements may I cross them out and sign"?

Most of these things were drafted by lawyers or underwriters in attempt to protect against liability. Their bottom line seems to be if you do not sign the waiver as written you may not stay there.

I commend you for reading the document however, I wonder how many of these I have signed and have not given it a thought.

dcellisesq 11-21-2012 01:15 PM

It is generally contrary to public policy to attempt to contract away liability resulting from negligence.

Daniel C. Ellis
2005 Winnebago Journey 39F
Portland, Oregon

GULFSTREAM37 11-21-2012 01:22 PM

You can thank all the sue happy people and the Lawyers and our judicial system for contracts like this.

So Many Scumbags looking for Free Rides it is Pathetic.

The system allows People to sue for anything they want however so ridiculous and the owner is responsible for Defense and Expense!

The only one who wins are the Lawyers involved, they both get Paid no matter the result.

Do yourself a Favor next Time and Sign without making any changes.

In the event of a Truly at fault (by the Campground Staff) situation I see no Reason why it could not be Peacefully resolved between the parties without any Lawyers.

This is mainly a Defense mechanism to avoid Frivolous lawsuits.

Good Luck.

Bondad 11-21-2012 01:24 PM

Quote:

Originally Posted by dcellisesq (Post 1377433)
It is generally contrary to public policy to attempt to contract away liability resulting from negligence.

Daniel C. Ellis
2005 Winnebago Journey 39F
Portland, Oregon

Which, in laymans terms means you cannot waive negligence regardless of what the waiver says. If there is negligence, you can sue for negligence. Just gotta prove the negligence.

kalynzoo 11-21-2012 01:26 PM

Most parks that I stay at with advanced reservations e-mail a confirmation along with park rules...dog rules, quiet times, etc. It seems rather inconsiderate that a park with conditions as restrictive as the ones noted above would not give you a heads-up before you make the trip to the park.
Personally, I would never sign a contract releasing the park from all liability, from owner, employees, etc. I understand natural occurances, but really, employee actions? If they hit your RV with their utility vehicle they are to be held harmless?
Guess what they are saying is the facility and it's employees do not have insurance!!!
Drive off, do not enter, extreme danger within these walls.
JMHO

vsheetz 11-21-2012 02:08 PM

By not accepting the offer to sign anew without x'ing out is out of line, they showed what poor business people they are. The park should have discussed the requirements with you.

They reacted instead of acting. And thus lost a good customer - and the business of others that will read of the incident and behavior.

Murf2u 11-21-2012 02:46 PM

I have a friend who is an attorney and top-notch litigator, he told me a long time ago, 'sign the form, you can't waive stupidity or negligence no matter what it says on the form'.

I've only had to test it once, and in a very minor case, a tire shop employee dropped my SUV off the jack, owner started in with the 'you signed......' BS.

I smiled and said something like "so if you deny any liability then what am I paying you for if you're not a professional tire operation?'

He thought for about 0.5 seconds, smiled and told me to go to his buddies body shop down the street. By the time I got there the owner was waiting for me and said he'd bill the tire shop directly, no questions asked.


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