Facts : You are the new owner of a small ski resort here in California. The name
Question:
Facts: You are the new owner of a small ski resort here in California. The name of the ski resort will include your last name: Example - "Smith Ski Center." You need to create a contract (rental agreement) for your customers who will be using your ski facility. The agreement / contract covers the rental of skis, poles, and lift-tickets.In addition to all of the general information in the rental agreement / contract: name of your ski facility, name of customer, type / amount of skis, poles, lift ticket information, rental fees, etc.- (Note - the General Rental Information - ski equipment, lift ticket, etc.are not the things I am focusing on. I want to see the protective clauses listed below incorporated into your rental agreement)
The key here!!!! you wish to reduce your legal liability as much as possible - therefore youMUSTinclude the following clauses in your contract / agreement.
1. Exculpatory Clause - not responsible for injuries
2. Add an Arbitration clause to your agreement naming AAA (American Arbitration Association) as the arbitrator.
3. Clause - Parties to this contract agree to split the cost of Arbitration
4. A Forum Selection clause - should the matter go to court in spite of the Arbitration clause or on appeal, parties agree to use a California court.
5. Law Governing clause - Law governing any / all litigation will be California state law.
6. Prevailing Party Clause -- Should the matter go to a court of law, the prevailing party is entitled to recover reasonable attorney fees.
7. Clause - contract is Severable and / or Divisibleclause
8. ALSO - One Additional LEGAL CLAUSE of your choice must be added to your contract. - Note:Please placean* ASTERISKin front of this clause