What should Contract lawyers in Palm Beach know about Exculpatory Clauses?

As the old saying goes, “No good deed goes unpunished.”    Even when doing a charitable act in Miami, a civil litigation attorney must know how to follow proper legal procedures when creating a contract for a Palm Beach non-profit organization.

Exculpatory contracts can protect your client in Tampa from liability when involved in a contract dispute. This is illustrated in a recent case from the Florida Supreme Court.

• Stacy Sanislo v. Give Kids the World, Inc., involved a non-profit organization that provides vacations to seriously ill children and their families.
• While vacationing with her child, Ms. Sanislo was injured, so she sued Give Kids the World, Inc. for negligence.
• As an affirmative defense, the non-profit said that it was not responsible for Ms. Sanislo’s injury because she signed the “wish request” application before going on the vacation, which included language that released the non-profit from liability for any potential cause of action.
• The Florida Supreme Court agreed.
• Unambiguous, exculpatory contracts are enforceable unless they go against public policy.
• Every contract lawyer in Fort Lauderdale should keep this in mind when including exculpatory clauses in his client’s business contract.
• Exculpatory clauses are unambiguous and enforceable when the intention to be relieved from liability is clear and unequivocal.
• The wording must be clear and understandable, so that an ordinary person will know what he or she is contracting away.
• The express use of the terms “negligence” or “negligent acts” is not required in the contractual language. Absence of the terms does not make the agreement per se ineffective to bar a negligence action against your Orlando client.
• This is important if your client is involved in a contract lawsuit in Broward County.
• If you are interested in reading a free online copy of this case, click here.