Do you take this person to be your lawfully wedded spouse…for as long as you shall live, until death do you part?”
Marriages are legally binding, but that doesn’t mean you are required to maintain your lifelong promise to your spouse. After all, divorce happens every day. It can be messy and legally challenging, but you have many options outside of spending eternity with a mate who makes you miserable.
On the other hand, that means that companies offering a lifetime’s worth of goods or services usually have legal means of exiting their contracts as well. The terms and conditions are usually well hidden within the fine print and include an applicable definition of lifetime ownership.
What’s The Legal Definition Of Lifetime?
A lifetime’s worth of goods or services can be challenging to define legally. Many would assume that a “lifetime” means infinitely until death. For example, if you were to register for a lifetime membership to a country club, the assumption would be that you can use the exclusive club as long as you are alive.
This is not necessarily true. Many companies have details within the fine print of lifetime contracts to save themselves from litigation if their lifelong package doesn’t last for a customer’s entire life.
The Federal Trade Commission’s Rules For Lifetime Guarantees
Due to the ambiguity that comes with lifetime promises, the Federal Trade Commission (FTC) established three acceptable legal scenarios:
#1: The Human Lifespan
When you think of a lifetime, your own existence will be the first thing on your mind. Understandably, the most common understanding of a lifetime guarantee is the duration of the individual’s lifespan.
Once you pass, the lifetime goods and services end. Until then, you can freely receive these products or services as often as the contract allows. However, this is the most unlikely use of a lifetime guarantee.
#2: The Product Lifespan
Think back to the 00’s, when the iPod was one of the coolest tech gadgets on the market. Everyone ditched their walkmans and portable CD players for this small, on-the-go device that took all your favorite songs and played them without WiFi connection.
Imagine winning lifetime access to any track available on iTunes and free iPod upgrades. Today, that prize would no longer exist. Apple has shut down the iTunes library and iPods are no longer available for sale. So the lifetime promise only extended to the product’s life, which no longer exists because iPods became obsolete.
#3: Length of Ownership
The last legal definition of lifespan is tricky because technically, it ends if the product is sold. The FTC provides a clear cut example with a car muffler; if you have a lifetime warranty on the muffler, but sell the car, the new owner will not be eligible for a free replacement.
However, as long as you hold the title and purchased the muffler, it would get replaced under warranty without a problem. Just don’t advertise a car with a lifetime muffler warranty if you choose to sell your vehicle — that perk likely won’t transfer to a new owner.
The Cruise That Promised Endless Horizons
It was marketed as a dream boat experience; buy a cabin and set up permanent residence on the sea. Now, the residents of Villa Vie Odyssey are left in Cambodia as the cruise line company attempts to troubleshoot their lifetime promise among skyrocketing oil prices.
One couple took their story to national news, citing that the food quality and services had significantly declined, with frequent meetings regarding fundraising events to keep up with operational costs. On the final day at 6:30 AM, residents were notified they would need to leave the ship at 2 PM.
While this story continues to develop, it will be interesting to see how Villa Vie defined lifetime within the residential contract. It’s highly likely that the cruise residents will attempt to take legal action, but how successful they will be depends upon the terms they signed.
Looking to speak to a legal professional about contracts, broken promises, or other civil suits? Chat with our Hickey & Hull online agent to schedule your initial consultation — just pick the best date and time for your schedule and meet with a legal professional today!