My wife and I signed documents ( doc-u-sign) via - they performed a video of us signing documents. As I’m signing these we were also talking to an employee that is in charge of this process .The employee had given assurances how the company is run and that if there were stress for money situations or a Covid illnesses they work with the purchasers of this contract . So the question is can I ask for a copy of the video ? FYI I did and have been told that corporate is the only one allowed to see it . Is that legal ? This was a contract with Wyndham Club to pay over a ten year period for points going towards vacations, travel,cruises Etc… not sure if you needed that but just informing you . Thank you ,Bill
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1A better question for you to ask would be whether the assurances given to you in the video are binding in any way. (No.)– SneftelCommented Jan 30 at 19:54
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3Incidentally, generally the signature on the page is enough. This does not seem like the sort of thing a company would do unless they thought it was likely that the other party (you) would eventually be trying like hell to escape the contact.– SneftelCommented Jan 30 at 19:55
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2If a lawsuit arose and the video had not been destroyed at that point, you could obtain it in discovery in the lawsuit.– ohwillekeCommented Jan 30 at 19:57
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3timeshare contracts are as ironclad as any contract made. No matter what was said I guarantee there is a clause that says words to the effect of "no other promises written or oral apply to this matter."– Tiger GuyCommented Jan 30 at 20:20
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1 Answer
Generally speaking, you do not have a right to demand a copy to a video of you signing a document prior to litigation over that document.
If the video still exists at the time that litigation over the document arises, you would be entitled to a copy of it in the court process at that point. This may have limited value, however, due to the parole evidence rule, that prohibits introduction of evidence contrary to the language of a written agreement purporting to be the entire agreement of the parties in cases where the agreement is unambiguous that arises at any time prior to the execution of the written contract.
Destruction of the video under a general policy for doing so after a certain period of time (often seven years) would not be improper, unless the firm with possession of the video had notice that litigation was imminent or threatened.
Destruction of the video once litigation is threatened or commenced, however, is called spoliation of evidence and typically results in very serious sanctions (such as rulings conclusively finding that the evidence destroyed would have shown anything that the other party claims that it would have shown).