Legal Question in Business Law in California
I am a DJ and this is a clause in my contract- 1. "The client accepts full liability for all damages to any equipment in the possession of the designated disc jockey that occur as a result of intentional or
accidental actions, or neglect upon the part of the client and or his/her guests, patrons, customers, students, etc". I have a client that wants me to remove the entire clause, taking all mention of liability out of my contract. Should I do this and if I do am I now making everything that could happen be my responsibility???
1 Answer from Attorneys
This is really a business decision that you have to make. Under you current contract, you still have to sue someone if your equipment is damaged if the don't pay up.
Let's say I'm a guest at a wedding and your customers signed your original contract. I trip and fall, damaging one of your speakers. You want me and/or the bride and groom to pay for the damage. We all say no. You would sue all 3 of us because I cause the damage and the bride and groom agreed to be responsible per the contract.
Under the same scenario and removing the language that your clients don't like, you could still sue me. You're just removing bride and groom from the equation unless they also helped caused the damage somehow.
No matter what, you might have to pay the for the damages and then sue. If you remove the clause as requested and there's no equipment damage, then there is no harm. If you don't remove the clause, you might lost the engagement...or not. That's why the decision is ultimately up to you.
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