KENZER JAFFETH HODGSON HAMMOND
v.
ROYAL CARIBBEAN CRUISES LTD., ETC.

Fla. 3d DCA | 2020-12-09
No. 19-1443
Florida District Court of Appeal, Third District (2020)

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Holding

A release provision in an independent contractor agreement establishes the cruise line as an intended third-party beneficiary, and a mandatory forum selection clause is valid and enforceable unless the chosen forum is unjust and unreasonable.


Headnotes

[1] A release provision in an independent contractor agreement may establish the releasee as an intended third-party beneficiary entitled to enforce the release.

[2] A mandatory forum selection clause is valid and enforceable unless the chosen forum is unjust and unreasonable in the sense that it constitutes no forum at all.

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Key Quotes

“The release provision supports the trial court's conclusion that the appellees are intended third-party beneficiaries of the independent contractor agreement.”

Clark v. Celebrity Cruises, Inc., citing the enforceability of release provisions

Facts & Procedural History

Kenzer Jaffeth Hodgson Hammond brought a claim against Royal Caribbean Cruises Ltd. The case involved a release provision in an independent contractor…

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Opinion of the Court

PER CURIAM.

Affirmed. Clark v. Celebrity Cruises, Inc., 271 So. 3d 1169, 1170 n.3 (Fla. 3d DCA 2019) (“The release provision supports the trial court’s conclusion that the appellees are intended third-party beneficiaries of the independent contractor agreement.”); Durkovic v. Park West Galleries, Inc., 217 So. 3d 159, 160 (Fla. 3d DCA 2017) (“[A] mandatory forum selection clause is valid and enforceable unless the chosen forum is unjust and unreasonable in the sense that it constitutes no forum at all.”).


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