Poorly written jurisdiction and venue clause places the defendant in jam when the defendant counter claims for attorney fees and costs.
This case was based on a zip-line accident. The release signed by the plaintiff had a forum selection clause, also known as a jurisdiction and venture clause. However, the clause was limited way so that when the defendant brought a counterclaim for a…
I see franchises or businesses with multiple locations using the same release at all locations. You may be losing out on an opportunity, worse setting yourself up to lose 90% of the time.
If one of the states you have a location has better laws supporting the use of a release than your home state, change the jurisdiction and venture clause to that state. On top of getting better release law you’ll be less likely to have a jurisdiction…