Recreation Law logo Indemnification agreements in releases fail. You cannot write the language in a release to qualify for indemnification. Here the ski area tried to get greedy and got slammed. Vladichak v. Mountain Creek Ski Resort, Inc., A-1367-20 (N.J. Super. App. Div. Apr 13, 2022) State: New Jersey; Superior Court of New Jersey, Appellate Division Plaintiff: Andrea Vladichak Defendant:…

ANDREA VLADICHAK, Plaintiff-Respondent, v. MOUNTAIN CREEK SKI RESORT, INC., Defendant-Appellant, and MICHAEL LAVIN, Defendant-Respondent. No. A-1367-20 Superior Court of New Jersey, Appellate Division April 13, 2022 This opinion shall not “constitute precedent or be binding upon any court .” Although it is posted on the internet, this opinion is binding only on the parties in the case and…

Sometimes you can go too far and in this case Mountain Creek Ski Resort went stupid far.

In attempting to recover their defense costs and attorney’s fees based on a rental agreement, they court found the agreement was a contact of adhesion. Vladichak v. Mountain Creek Ski Resort, Inc. (N.J. Super. App. Div. 2022) State: New Jersey Plaintiff: Andrea Vladichak Defendant: Mountain Creek Ski Resort, Inc., and Michael Lavin Defendant Lavin Claims: indemnity clause is ambiguous Defendant…

Vladichak v. Mountain Creek Ski Resort, Inc. (N.J. Super. App. Div. 2022)

ANDREA VLADICHAK, Plaintiff-Respondent, v. MOUNTAIN CREEK SKI RESORT, INC., Defendant-Appellant, and MICHAEL LAVIN, Defendant-Respondent. No. A-1367-20 Superior Court of New Jersey, Appellate Division April 13, 2022 This opinion shall not “constitute precedent or be binding upon any court .” Although it is posted on the internet, this opinion is binding only on the parties in the case and…

Freelance Illustration 101: Other Clauses and Contract Terms

From experience, you may deem that other clauses are needed to protect yourself. You may wish to include a “Permission and Releases Clause” that would release you, the artist, from any copyright infringement that may occur from the client’s request of work to be included. This clause puts the responsibility of obtaining any copyrights permission or privacy releases on the client. In return, the…