CLERK COUNTY NEVADA.....A GREAT PLACE TO BE SUED! (first published June '06-updated) 
Sunday, December 2, 2018, 03:46 PM
Posted by Administrator

Clark County, Nevada is (I looked it up) where Las Vegas is. It is also where I would have to file a lawsuit if FLORIDA DJ PROS did not show up and spin tunes(?) at my daughter's August wedding. If I signed their contract (no money up front is necessary) and they sued me under their cancellation provisions, the lawsuit would be in Clark County, Nevada.

So, I would be hiring a "Florida DJ Pro" to work in West Palm Beach but, my contract with her/him provides that if any disputes arise, they're going to be decided under Nevada law 2,515 miles West of here (36hrs. 29mins. driving time.....I looked it up). Why?

1) Because FLORIDA DJ PROS is really part of a national website that gets in the middle of the party giver and the DJ and gets a fee. Maybe they are based in Nevada? Maybe they have a drinking buddy from college who wrote their contract, lives with a blackjack dealer outside of Vegas, and figures there might be something in it for her if she keeps lawsuits local.
2) Because they can sue me (they've got the blackjack dealer's girlfriend to do their legal work) but I can't sue them (there isn't much a DJ can do wrong that is going to motivate me to go to Nevada to sue).

So, effectively, they have cut off any possibility of liability to the party giver (me) but not vice versa. (And, remember,the Full Faith and Credit Clause of the US Constitution makes judgments from a court in any state be effective and binding in every state.)

Should you sign a contract with an unacceptable venue (where any lawsuits WILL be) provision? Maybe....but, first accept that you won't have any access to the courts if things go to crap and then decide whether you really need what you are buying (I promise ALL the cellphone, cable, internet vendors, software providers have contracts with these Venue provisions).

Life used to be less complicated.

I think.


add comment ( 1 view )   |  0 trackbacks   |   ( 3 / 10 )


<Back | 1 | Next> >>