Legal Question in Business Law in South Carolina

Do I have any legal recourse if I agree to this?

I am about to enter into a contract with a property management company for a condo in Myrtle Beach, SC. One of the stipulations of the contract says, ''I agree to indemnify, save or hold harmless the Agent from and against all claims, suits, damages, costs losses and expenses arising from injury to any person, persons or property occurring on or about the said premises, and relating to the performance of this agreement.''

My question is: if I agree to this, and one of the Agents employees damages the property, or if one of the Agents employees goes postal and shoots five people dead, do I have the right to legal recourse, sue the Agent for their part in the matter? Or stated another way, can the agent force me to sign awaymy right to legal action against them if they are at fault?


Asked on 10/31/02, 4:03 pm

1 Answer from Attorneys

Otto Ferrene, jr. Ferrene & Associates, PA

Re: Do I have any legal recourse if I agree to this?

No one can obtain a release which will relieve themselves from the consequences of their own gross negligence in South Carolina. It is against public policy.

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Answered on 11/06/02, 6:32 pm


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