Ocala, FL asked in Contracts for Florida

Q: Is a contract my wife signed legally binding?

In April of 2022 my wife took our dog to a kennel we had been to before. It was apparently under new ownership and they required a release to be signed. My wife did not read the document before signing and our dog was allegedly involved in an altercation with another dog, who was injured and required medical assistance. The release my wife signed passes all responsibility for injuries caused buy our dog to us. This means that they can completely ignore their responsibility to care for our dog and not be liable. Is this a legally enforceable contract?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: To determine whether a document is a legally binding contract, you must show it to an attorney. This sounds like an indemnification agreement that requires your wife to indemnify (compensate) the kennel if it's sued by the third party. A "release" by your wife would release the kennel from liability to your wife, not release the kennel from liability to a third party. An indemnification agreement might be valid, depending on the language of that clause and the entire contract, and it might be valid even if the word "release" is superfluously thrown in.

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