Stolen Jewelry from Hotel Room - hotel wants me to sign release of all claims and rights

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Apr 11, 2019
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I stayed at a Marriott property for 6 weeks for work and my company organized and paid for the hotel room. During the last week of my stay, I discovered that a piece of my jewelry (an expensive ring) was missing. Due to the ring's location within a few layers of bags and the fact that the ring pouch was left there but emptied, I came to the conclusion that the ring had been stolen from my hotel room, most likely by a hotel staff member. I filed a police report and dealt with hotel management and their property management company on their own investigation. The hotel agreed to compensate me for the stolen ring but have just sent me a "Release of all claims and rights" paperwork to sign before they will send me a check.

Can you please provide feedback on the text in this paperwork before I sign because some of the wording does not seem appropriate, in particular the last paragraph. Please see the document text below (I've edited out specific names and amounts):

"For and in consideration of the sum of $xxx; (Claimant’s name) l/we release and forever discharge (Hotel name) and (Property Management company) and their agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships of and from any and all claims, actions, causes of action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever, which the undersigned now has or which may hereafter accrue on account of or in any way growing out of any and all known and unknown, foreseen and unforeseen bodily and personal injuries
and property damage and the consequences thereof resulting or to result from the incident which occurred on or about the 2nd day of April 2019, at or near the (Hotel name) located at (Address).

It is understood and agreed that this settlement is the compromise of a doubtful and disputed claim, and that the payment made is not be construed as an admission of liability on the part of the party or parties hereby released, and that said releases deny liability therefore and intend merely to avoid litigation and buy their peace. I/we understand that this is all of the money or consideration from the above parties as a result of this accident. I/we have read this release and understand it.

FURTHER, I/we agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, governmental entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to me/us or on my/our behalf as a result of this accident by way of contribution, subrogation, indemnity or otherwise."
 
Jan 6, 2015
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#2
I have no legal training or acumen but this looks like boilerplate to my eyes. As long as the settlement amount is acceptable to you and you intend no further action toward remuneration, you should be safe to sign . . .
 
Apr 11, 2019
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This is the section I'm worried about:
"FURTHER, I/we agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, governmental entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to me/us or on my/our behalf as a result of this accident by way of contribution, subrogation, indemnity or otherwise."

I don't think it's okay to agree to reimburse the hotel for unknown potential amounts. It seems like the hotel wants me to release them from all liability but then take on my own liability in the form of reimbursing them.

I have no legal training either but wasn't sure if anyone had seen a clause like this.
 
Mar 15, 2018
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#4
Not a lawyer, but I'm not seeing any problem with it. The way I read the last paragraph, it's simply stating that if you claim the loss on your insurance and get money for it, you will reimburse the hotel. Trying to prevent you from double-dipping. Obviously the stuff about hospitals etc. is not applicable, as this was not an injury case but a lost property case. That's my reading of it.
 
Mar 23, 2015
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#5
Just sounds like they want to make sure you don't keep coming back for more and suddenly remembering additional claims or trying to make a claim against your homeowner's insurance or whatever after getting it from them, too. But, if you're not comfy, don't sign. But, of course, no signee, no money...
 
Apr 11, 2019
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#6
I'll try to see if they can remove "governmental entities, hospitals or other persons or organizations" from the last paragraph. I don't mind leaving in the note about insurance carriers as I'm not going to make additional claims. I just don't like the open-ended nature of the possible reimbursement to the hotel.
 
Feb 3, 2017
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#7
Completely boiler plate language; of course, they would want you to reimburse them if you seek and obtain reimbursement for the stolen item from another source. That, again, is common boiler plate. And, fair.

If you are not certain you fully understand the provisions of what you are being asked to sign, seek input from legal counsel.
 
Apr 3, 2016
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#8
Typical wording. If you want the money, then you would need to sign it (and not put a claim into insurance (or you will need to pay the mo eye back)). Does the offer come with a time limit? If so, do not miss it. Hotels do not offer to reimburse for missing items in rooms very often and the offer may disappear if you miss a deadline.
 
Likes: VoR61
Jul 2, 2018
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This is the section I'm worried about:
"FURTHER, I/we agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, governmental entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to me/us or on my/our behalf as a result of this accident by way of contribution, subrogation, indemnity or otherwise."

I don't think it's okay to agree to reimburse the hotel for unknown potential amounts. It seems like the hotel wants me to release them from all liability but then take on my own liability in the form of reimbursing them.

I have no legal training either but wasn't sure if anyone had seen a clause like this.
They are preventing you from double dipping - from getting money from Marriott and then making an insurance claim for the same amount.
 
Likes: Neil Maley

jsn55

Verified Member
Dec 26, 2014
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#13
This is the section I'm worried about:
"FURTHER, I/we agree to reimburse and indemnify all released parties for any amounts which any insurance carriers, governmental entities, hospitals or other persons or organizations may recover from them in reimbursement for amounts paid to me/us or on my/our behalf as a result of this accident by way of contribution, subrogation, indemnity or otherwise."

I don't think it's okay to agree to reimburse the hotel for unknown potential amounts. It seems like the hotel wants me to release them from all liability but then take on my own liability in the form of reimbursing them.

I have no legal training either but wasn't sure if anyone had seen a clause like this.
Catie, what they're saying is that if you are reimbursed by your insurance company for the ring, you need to pay the hotel back. That's quite standard. They want to make sure you're not collecting $ from the hotel and more $ from your insurance carrier. I just saw M42's post, sorry for the duplicate information.
 
Dec 19, 2014
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#14
This is a standard release form. You will not get them to change the language.

If you have any concerns about the release, then please consult with your attorney. As none of us on this forum are attorneys (and the ones that are are not your attorney), no one can give you advice as to how to proceed.

In a nutshell, the hotel is basically paying you money to make you go away.
 
Likes: Neil Maley
Jul 2, 2018
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#15
Catie, what they're saying is that if you are reimbursed by your insurance company for the ring, you need to pay the hotel back. That's quite standard. They want to make sure you're not collecting $ from the hotel and more $ from your insurance carrier. I just saw M42's post, sorry for the duplicate information.
No issues, jsn55!