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Section 3 The Formation of Sales and Lease Contracts In regard to the formation of sales and lease contracts, the UCC modifies the common law in...
This is information / facts you MUST use to draft the contract
SLO Project: Please help me do a written contract (rental agreement) using the following information ONLY:
Facts: You are the new owner of a small ski resort here in California. The name of the ski resort will include your last name: Example - "Smith Ski Center." You need to write contract (rental agreement) for your customers who will be using your ski facility. The agreement / contract covers the rental of skis, poles, and lift-tickets. In addition to all of the general information in the rental agreement / contract: name of your ski facility, name of customer, type / amount of skis, poles, lift ticket information, rental fees, etc. - (Note - the General Rental Information - ski equipment, lift ticket, etc are not the things I am focusing on. I want to see the protective clauses listed below incorporated into your rental agreement)
The key here!!!! you wish to reduce your legal liability as much as possible - therefore you MUST include the following clauses in your contract / agreement. My grade will be based on these legal clauses not the general information). ADD ALL OF THE FOLLOWING CLAUSES to your written contract / agreement. Also - Please add ONE (1) additional legal clauses of your choice - in addition to the ones listed below.
All of the below listed clauses below MUST be in your written contract: ( I suggest you look-up / research / Google the below legal clauses)
1. Exculpatory Clause - not responsible for injuries
2. Add an Arbitration clause to your agreement naming AAA (American Arbitration Association) as the arbitrator.
3. Clause - Parties to this contract agree to split the cost of Arbitration
4. A Forum Selection clause - should the matter go to court in spite of the Arbitration clause or on appeal, parties agree to use a California court.
5. Law Governing clause - Law governing any / all litigation will be California state law.
6. Prevailing Party Clause -- Should the matter go to a court of law, the prevailing party is entitled to recover reasonable attorney fees.
7. Clause - contract is Severable and / or Divisble clause
8. ALSO - One Additional LEGAL CLAUSE of your choice must be added to your contract. - Note: Please place an * ASTERISK in front of this clause - so I can spot it.
In addition to your on-line discussion with other students here on Canvas - I suggest you use your text book, a law dictionary, and any other legal source - to assist you with putting together your SLO project / written contract. The LACC library, in the law section, has a nice collection of aids on contract formation if interested. Also - Located at the end of Chapter 20 (Appendix) of your text you should find an "example of a contract for the sale of coffee" to get some ideas.
**Do Not, I repeat - do not turn in or create contracts unrelated to the scenario I have given you above! No real estate contracts, apartment rental agreements, retail sales agreements, etc. - you will NOT receive credit for unrelated agreements! Simply follow the instructions above, communicate with fellow students on the DISCUSSION link here on Etudes, or send your questions to me.
You can also read the document i added for a sample contract