Legal Question in Real Estate Law in New Jersey

I am considering using Best Friends for their dog day camp on occasion. I have been asked to sign an agreement and have no problem with any of the content except this item:

"Further, owner expressly waives his/her right to pursue any claims or lawsuits of any type against Best Frinds and expressly releases Best Friends from any and all responsibility and liability of any type it may have for all injuryies, harm, losses or damages owner, owner's pt or owner's property may sustain while at Best Friends, even if such injuries, harm, losses or damages are caused, in whole or in part, due to the negligence or lack of proper care of Best Friends or its officers, agents or employees."

I am willing to be responsible for the actions of my dogs (e.g., biting another dog/employee, etc.). I do not understand how a company involved for the care of a dog can be completely held unaccountable for damages or harm by their actions or neglect and are directly responsible. I'm not sure what kind of law this falls under....property law? Consumer law?


Asked on 1/09/13, 1:17 pm

1 Answer from Attorneys
Barry Gartenberg Barry F. Gartenberg LLC

It's not uncommon for parties to attempt to eliminate or limit their exposure through contractual language. In some cases, such provisions are enforceable. In others, they will not be enforced by a court because they violate a particular statue or public policy. I would need know more about the particulars of your circumstances to render an opinion as to the specific provision you referenced.

Kindly note and remember that my response is merely a general comment on the law related to your question, and NOT legal advice or opinion. Also, your question and my response does NOT create an attorney-client relationship between us. You cannot rely upon what I have written, because I do not have all of the information that I need to advise you or render an opinion. Even simple facts you have not shared can completely change my answer. For me to give you legal advice or opinion, you would need to hire me to be your lawyer, and then we would need to discuss this in detail and go over the documents.

Please visit my website! www.bgartenberg.com or call me 973-921-0600 if you�d like to learn more about me or my practice. Thank you.

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Answered on 1/09/13, 1:53 pm


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