In accordance with Chapter 22B-1 of the North Carolina General Statutes, any agreement regarding design, construction, repair, demolition, excavation, maintenance, etc., which promises to compensate the promised (or its agents, employees, contractors, etc.) for any liability resulting from violations or damage caused by partial or total negligence of promises (or its agents, employees, contractors, etc.) is contrary to the public order. , and therefore, cancelled and unworkable. However, this restriction does not apply to agreements in which the professional undertakes to compensate the liability for damages resulting from the sole negligence of the liability. I recognize that I have read and understood the above agreement and that I sign it freely. If an invalid part of a construction compensation clause can be separated from the main contract, the rest of the contract remains valid and enforceable. Has that ever happened to you? They prepare to go karting, rent a truck, dive or rent a storage unit, and the owner gives you a document that you can sign. Maybe you`re reading about it, maybe you`re just skipping the front page for what you`re playing and how much you`re paying. If you pay a little more attention, you may notice that he says you are responsible for property or bodily damage and that you “keep the owner unscathed.” You probably haven`t really thought about the possible consequences of your signature. The parts of a contract or agreement that assume the responsibility of your landlord are known in the law as compensation clauses. If you destroy the owner`s go-kart, you have to pay. If you hit your kart and injure someone else on the track, you, not the owner of the go-karts, will pay for it. Most people would agree and think it is fair, but often these clauses try to go far beyond that.
For example, I represented a client who rented an item to its owner. The owner did not conduct any inspections on the item properly and the item was defective. As I did not know it was defective, my client was seriously injured (paralyzed) when he broke it in. My client had signed a contract and in that contract there was a compensation clause. However, my client not only accepted that he was liable for property damage or injury, he did so even though it was the owner`s fault. Note that a termination contract is different from a waiver of liability, which depends on whether or not the work is controlled. As a general rule, a compensation agreement is an agreement to repair and rescue another risk-free loss arising from an obligation incurred or to be borne against a third party. The compensation agreement obliges the manager to repay his commitment in case of losses incurred or to make him sure of his responsibility.