[Dixielandjazz] Hold Harmless Agreements

[Bill Gunter]

Hi Listmates,

Regarding "hold harmless agreements" I asked:

>How valid would such a document be if the venue could afterward be
>shown to be totally responsible for somebody's injuries?

And David Palmquist responded:

>Introducing a new, unilateral condition after the contract has been signed 
>is equivalent to breaking the contract and trying to substitute another 
>contract for it.  If the requirement was not made known to you at the time 
>you booked the gig, I suspect you would be within your rights to refuse to 
>sign it when confronted with the agreement at the time you arrived to play 
>the gig.  If the other party then refused to let you play, they would be 
>breaching your contract.  You would be within your rights to collect your 
>fee and leave.  If they refuse to pay, then you probably could recover your 
>fee through legal action.

Yes. These are, I think, valid points. And since we (our little trio) were 
unaware of this condition when the gig was booked then the problem was 
shifted to those who booked the gig (the business corporation in California) 
and the hotel/casino. I think that's why there was really no problem with 
our playing and the discussion between the casino and the company only 
lasted about two minutes. BUT --

I was hypothetically wondering if such a contract is actually legal in the 
first place. Many laws are voted into existance here in California (and 
elsewhere) by the voters only to have the judiciary (local, federal, state, 
whatever) declare the new law  "unconstitutional" and hence, null and void.

I think my question was less about breaking a contract than questioning the 
legality of such a contract. If such a contract could be shown to be illegal 
then why should it be honored by anyone?

Respectfully submitted,

Bill Gunter
jazzboard@hotmail.com

_________________________________________________________________
Protect your PC - get McAfee.com VirusScan Online 
http://clinic.mcafee.com/clinic/ibuy/campaign.asp?cid=3963