Titan Disaster OceanGate's Liability Waiver Could Block Lawsuits ... But Not for Gross Negligence
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The document the 4 passengers signed before getting in the ill-fated submersible could prevent their families from filing a wrongful death lawsuit, but there's one big exception.
The relevant jurisdiction according to the contract is the Bahamas. Bahamian law adopts many provisions of United States law, and in most U.S. states a company can absolve itself of liability for injury or death even if it was negligent, provided it fully discloses the risks to the participants.
There are other factors to consider, including lopsided bargaining power and the clarity of the language in the waiver. In this case, the passengers were all well-to-do and sophisticated, with access to counsel.
In short, even if OceanGate negligently constructed or operated the submersible, the families could very well be out of luck if they sue for wrongful death.
Now there's a big exception ... if a court were to determine OceanGate was "grossly negligent," the liability waiver would not be enforceable. Gross negligence is defined "a lack of care that demonstrates reckless disregard for the safety or lives of others." In short, a company cannot enforce a waiver if it engaged in reckless conduct.
That will be for a judge and/or jury to decide -- whether issues of design, materials, and operation crossed that line.
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Nicki Minaj Petition Pushing Her Out of Hidden Hills APPEARS TO BE CARDI FAN TROLL-JOB
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11:19 AM PT -- Further proof the petition appears to be a troll-job by Cardi B fans evidenced in a tweet from back in December linking the document with the message "We, as nicki antis, can turn the residents of Hidden Hills AGAINST Nicki and her pedo husband moving in, hurting her assets in the process."
The same Cardi fan also appears to have admitted to creating the Beverly Bardan name used to start the petition.
11:03 AM PT -- It's unclear how many, if any, of Nicki's neighbors actually signed the Change.org petition calling for her to move -- and there's some strong evidence the whole thing is an elaborate troll of Nicki Minaj, possibly courtesy of a Cardi B superfan.
We contacted the Hidden Hills Community Association, which the petition encourages neighbors to contact with complaints about Nicki and Kenneth. An HHCA official told us they were unaware of the petition, or of a Beverly Barden -- the woman listed as starting the petition -- living there.
We've checked and there is no public listing of a Beverly Barden in Hidden Hills, and when ya think about it ... the name does seem like a play off the Bardi Gang, the name Cardi's fans use.
Hidden Hills isn't big enough for Nicki Minaj and her convicted felon husband ... at least that's what some of Nicki's neighbors think ... and they want the couple out pronto.
There's a petition circulating online from Hidden Hills residents worried about Nicki and her hubby, Kenneth Petty, moving into the fancy neighborhood ... and hundreds of folks have signed on.
The petition, which was started by Hidden Hills resident Beverly Bardan, takes issue with the fact Kenneth is a registered sex offender after being convicted in New York of attempted rape back in 1995 in a case that landed him in prison for more than 4 years.
As for why the new attention on Petty, he recently filed new legal docs changing his address on the Megan's Law website, so you gotta imagine the neighbors took note.
Nicki and Kenneth bought a mansion in Hidden Hills back in December, and as we first reported ... Kenneth is currently serving one year of home detention for failing to register as a sex offender in California.
The way Beverly seems to see it ... the mere presence of Nicki and Kenneth in Hidden Hills would hurt home values and create safety concerns.
Beverly is encouraging Nicki's neighbors to warn residents about Kenneth ... and she wants folks to sign the petition to "SHOW that you are against sex offenders in our Hidden Hills neighborhood!"
The petition, titled "SAY NO TO SEX OFFENDERS IN HIDDEN HILLS," was launched shortly after Nicki dropped $19.5 million on her estate ... but it's gained a lot of traction lately, with over 100 signatures in the last few days, bumping the number to 862 and counting.
Hidden Hills is becoming the new Beverly Hills ... other celebs with homes in the area include Kim Kardashian, Kylie Jenner, and Kris Jenner, plus Will and Jada.
Originally Published -- 12:20 AM PT
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Titanic-Bound Submersible Liability Waiver Protects OceanGate From Lawsuits ... Even if the Co. is Negligent
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The company behind the ill-fated submersible designed to explore the depths of the sea covered itself from the perils of underwater exploration with a comprehensive liability waiver, and we have a copy.
The document -- used on a trip from last summer -- repeatedly mentions the risk of serious injury or death, and tells passengers they assume the risk without any recourse against the company.
OceanGate makes it clear ... even if it's negligent in the design or operation of the vessel, the passengers have no legal recourse. The document states, "I hereby assume full responsibility for the risk of bodily injury, disability, death, and property damage due to the negligence of [OceanGate] while involved in the operation."
Here's how robustly the company covered itself, telling passengers what they're up against.
-- "A portion of the operation will be conducted inside an experimental submersible vessel. The experimental submersible vessel has not been approved or certified by any regulatory body and may be constructed of materials that have not been widely used in human occupied submersibles."
-- "When diving below the ocean surface this vessel will be subject to extreme pressure, and any failure of the vessel while I am aboard could cause severe injury or death."
-- "If I choose to assist in the servicing or operation of the submersible vessel, I will be exposed to risks associated with high-pressure gases, pure oxygen servicing, high-voltage electrical systems and other dangers that could lead to property damage, injury, disability and death."
And then comes the waiver ... "I understand the inherent risks in the activities that will be undertaken during the operation, and I hereby assume full responsibility for all risks of property damage, injury, disability, and death .... I hereby agree to defend, indemnify, save, and hold harmless OceanGate Expeditions, Ltd. ... from any loss, liability, damage, or costs they may incur to due to any claim brought in violation of this Release."
As you know, the 5 passengers onboard the Titan vessel were declared dead, after the craft apparently imploded deep below the surface of the ocean.
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Maury Povich Find Out If You Are Not The Father ... With At-Home Paternity Test!!!
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12:13 PM PT -- Maury Povich says it was a no-brainer for him to partner on an at-home DNA paternity test, because he's been involved with paternity tests for decades on his show.
Maury joined us on "TMZ Live" Friday and told Harvey and Charles how the idea came about in the first place ... and why it offers practical benefits beyond just finding out the birth father.
Maury Povich is taking his schtick to the next level ... launching a DNA paternity test company, offering at-home testing services for families in search of answers.
The TV host, famous for announcing the results of paternity tests on his show with his catchphrase "You are NOT the father" is now selling a DNA paternity test that can be done anywhere.
Maury is offering the at-home tests through his new company, which he's cleverly calling, "The Results are In."
The testing kits include materials and instructions for how to take a DNA sample, and then the samples are sent to a lab at DNA Diagnostics Center ... without the need for medical professionals or TV producers and their pesky cameras.
Maury's company promises results become available in 2-3 business days, with a 99.99% accuracy rate ... and they say it's all confidential.
In a statement, Maury tells TMZ ... "I've seen firsthand how DNA testing can change lives and bring families together. With 'The Results Are In,' we're making it easier and more affordable than ever before for people to get the answers they need."
Let the at-home drama commence.
Originally Published -- 12:40 AM PT
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Francis Ngannou Talks Face-Off W/ Jon Jones ... Super Fight Still Alive
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Francis Ngannou is opening up about his recent face-to-face with Jon Jones -- where the two rivals got up close and personal -- and the former UFC heavyweight champ made it very clear it's still a fight he wants!
TMZ Sports talked to the 36-year-old MMA superstar days after the two towering men exchanged mostly pleasant, if not a bit tense, words at PFL 5 in Atlanta on Friday ... breathing new life into the fight fans want as much as any matchup in the sport.
"I think [it's possible]," Ngannou told us, adding a "cross-promotion" could be in store "in order to give the fans what they want."
"All the parties are down except for one," Francis said ... meaning the fighters and PFL are in, while the UFC is not (the promotion doesn't do cross-promotions with other companies).
Now that he's seen the bigger version of Bones Jones, we asked Francis about the heavyweight iteration of Jon.
"I will say I am more comfortable with a heavy Jon Jones than the Jon Jones of light heavyweight because of course, he gave an impressive performance against Ciryl Gane, but for the first minute, the first interaction and striking, he didn't look good."
Ngannou continued ... "He wasn't on point, as sharp as in light heavyweight, and for me that's the best -- I want Jon heavy! I want him heavier if he can put on more size."
Of course, Jones needed only half a round to beat Gane at UFC 285 in March, his first scrap at HW, but despite the win, Francis clearly wasn't impressed.
The Predator wholeheartedly believes Jon's in for a rude awakening if he thinks a fight with him would mimic the Gane bout.
"He never faced a guy like me, a real side heavyweight," Francis told us, explaining Gane was a perfect matchup stylistically for Jon.
"I think Ciryl was a perfect pro fighter to run into because there wasn't a threat. He's not a guy that's gonna knock you out with one shot."
Speaking of showing up to PFL ... we also talked to Francis about Deontay Wilder, who was also in the building for a recent event. The men have been linked to each other in the past ... and Ngannou believes a fight with The Bronze Bomber could actually happen first.
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Quavo Shuts Down Paris Street ... New Music, Merch & Pure Pandemonium!!!
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Quavo's a one-man marketing MACHINE in Paris, where he's dropping a new clothing collection ... and appears ready to blow the lid off a new music project!!!
We got some pretty cool footage of Quavo Thursday completely shutting down the city's popular Rue Notre-Dame de Nazareth … and as you can see the superstar rapper drew hundreds of people out to see him in action.
With it being Paris Fashion Week and all, Quavo also introduced a new line of “Rocket Power” merch, so named in honor of his late nephew and collaborator Takeoff.
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He’s been going hard with the hashtag “Rocket Power” on social … which furthers Takeoff’s legacy as well.
Quavo also occupied local boutique Le25Vintage and dropped a few new fiery tracks while joined by his brother YRN Lingo and crew.
You can hear the passion in his voice, and a full buffet of trap lyrics on the tracks.
Offset also took Paris by storm in his own right this week. He and Quavo are also now cool again. 🚀 power, indeed.
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Colombian Miracle Children Rescue Dog Who Found Kids Now Missing in Jungle
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The miracle children who survived a fatal plane crash and 40 days in an unforgiving Colombian jungle have been rescued, but the rescue dog that first located them is MIA.
Wilson the rescue dog actually found the kids days before rescuers got to the kids, ages 13, 9, 4 and 11 months. Wilson stayed by the children's side for several days, but when rescuers located the children, Wilson was gone.
The 13-year-old, Lesly, drew a picture from her hospital bed of her experience in the jungle, and Wilson was right there, front and center. The dog gave the kids comfort and hope.
No one knows where Wilson went. It's possible he left to find rescuers to lead them to the children, but it's simply a mystery. The kids were rescued June 9, and the dog hasn't been seen since. Nevertheless, there's a rescue team out there, trying to find the canine hero.
The story of Wilson and the children at the center of this incredible saga are chronicled in tonight's documentary, "TMZ Investigates: The Miracle Children of the Amazon," on FOX at 8 PM ET.
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Dana White Musk & Zuckerberg 'Dead Serious' ... About Fighting in UFC Octagon
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6/22/23
Elon Musk and Mark Zuckerberg are "absolutely deadly serious" about fighting each other in a UFC Octagon and it would be the biggest fight in the history of the world, so says UFC Prez Dana White.
Dana told Harvey and Charles on "TMZ Live" Thursday he's been talking and texting with Mark and Elon Wednesday night and into Thursday, and says both men want to square off in Vegas.
"Talked with Mark and Elon last night, both guys are absolutely dead serious about this," White said.
It all started on Wednesday when Musk responded to a report Zuck was going to launch his own version of Twitter, to which Elon responded, "I'm up for a cage match if he is lol."
The Facebook founder got wind of the tweet, and served up a message of his own, writing ... "Send me location." BTW ... that's code in the world of UFC for, he's really serious.
Mark Zuckerberg Accepts Elon Musk's Cage Match Offer, 'Send Me Location'
So, fight on?? People weren't exactly sure if the men were just messing around ... but alas, White says they're not.
As for how big the event could be -- Dana believes it would easily be the most-watched fight ever, saying "The biggest fight of all time was Floyd and Conor, I just think it triples that -- it triples what that did, there's no limit on what that thing can make."
Dana's confident both men are capable of handling themselves. Zuck has been in jiu-jitsu competitions recently, and Elon has done martial arts and told Dana he was involved in "plenty of fights growing up in South Africa."
DW says the cost for Pay-Per-View would be $100 a pop ... it's normally $80 for a UFC fight. Forget about what it would cost to watch it in the arena. Dana expects the fight would gross hundreds of millions of dollars, and the loot would go to charity.
Bottom line ... this is no joke. Mark and Elon are serious, and Dana is determined to make it happen.
You can watch the full interview on "TMZ Live" Thursday.
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Offset Caught In 4K With Yohji Yamamoto During PFW 📸
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Offset's blockbuster Paris Fashion Week is still going strong ... evidenced by his recent meetup with fashion designer Yohji Yamamoto!!!
TMZ Hip Hop obtained video of Offset catching a paparazzo photo-op with the Japanese visionary following the let out of his POUR HOMME 2024 Spring-Summer Collection fashion show where the superstar rapper was a special invited guest.
We're hearing Offset has been extremely productive in the City of Light ... taking in meetings for potential collaborations he can bring stateside.
The Migos legend is by far one of hip hop's more fashion-forward rappers ... having come off his 2nd season of the MAX series "The Hype," where he serves as a judge for up-and-coming streetwear designers.
He also brought his "Ric Flair Drip" to Li-Ning's Spring/Summer 2024 spread in the form of a performance, took in the Rick Owens show and rubbed elbows with plenty of A-listers!!!
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Colombian Miracle Children 4 Kids Who Survived Plane Crash, Jungle Now Ransom Targets
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The 4 kids who survived a fatal plane crash in Colombia and then somehow made it out alive after 40 terrifying days in the jungle are not out of danger ... because they are now prime targets for kidnapping.
TMZ has prepared a documentary on their incredible survival story that airs tonight on FOX at 8 PM ET, and the doc ends with the question -- Where do they go from here? Fact is, the kids -- ages 13, 9, 4 and 11 months at the time of the crash -- are now national celebrities.
People on the ground in Colombia who know the lay of the land tell us, ransom is currency in their country, and insurgents frequently target high-profile people for kidnapping.
As the kids recover physically and emotionally, government officials are trying to figure out who should care for them, and safety is a big factor.
You'd think their father would become the caregiver, but a bitter custody battle has exploded between the dad and the maternal grandparents. The grandparents claim the dad, Manuel Ranoque, was physically abusive toward the kids' mom, even striking her with a machete. The father tells TMZ he has never abused his late wife or the kids.
"TMZ Investigates: The Miracle Children of the Amazon" airs tonight on FOX at 8 PM ET.
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Kevin Costner's Tenant I Never Hooked Up with Christine!!! 'I'm Just a Guy Who Paid My Rent'
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The tenant Kevin Costner allegedly confronted over a cozy relationship with his estranged wife is speaking out ... telling us things never got sexual with Christine Baumgartner.
We got Daniel Starr leaving a Starbucks in Ventura Wednesday, and our photog asked him point-blank if he ever hooked up with the actor's estranged wife when he was living at the Costner's beachfront guest house in Carpenteria.
It's not a random question ... the Sun reports Kevin confronted Daniel about his relationship with Christine, claiming the 2 were spending lots of time together on the property while Kevin was off filming.
Daniel was kinda coy when we asked him if there really was a confrontation -- but he was clear about any alleged cheating ... telling us they never hooked up, and were just friendly with each other.
No beef here, according to Daniel ... he says he has no problem with Kevin, even though he moved out a few months before his 12-month lease was set to end.
Daniel says he only had a landlord-tenant relationship with Kevin ... and he's hoping the estranged couple can resolve their divorce amicably for the sake of their children.
While it seems Daniel had a front-row seat to the end of Kevin and Christine's marriage, he doesn't want to speculate about what led to the split ... and it sounds like he just wants to make a clean break.
As we reported ... Kevin claims Christine is refusing to leave the home, and she now wants $248k a month in child support.
The divorce is ugly, but Daniel says he just wants peace for everyone involved.
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Colombian Miracle Children Kids Who Survived Fatal Plane Crash Hid from Rescuers
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The four children who survived a plane crash in Colombia last month and then fended for themselves in the treacherous Amazon jungle for 40 days, actually hid from their rescuers ... TMZ has learned.
The kids -- ages 13, 9, 4, and 11 months -- were onboard a Cessna that crashed in a Colombian jungle nose first, killing their mom, the pilot, and another man. Their survival story is incredible, and the subject of a TMZ documentary -- "TMZ Investigates: The Miracle Children of the Amazon" -- which airs tonight on FOX at 8 PM ET.
TMZ has had boots on the ground in Colombia since June 9, when the kids were rescued. As we report in the doc, military GPS shows rescuers were in earshot of the kids days before they were rescued, but the children hid from them. We're told they feared the rescuers were actually insurgent forces that would kill them.
There are two survival stories here -- surviving in the jungle amid wild animals, snakes, poisonous bugs, and deadly fruit, and surviving the plane crash itself. As for how they survived the crash, three of them were in the back of the plane, which remained relatively intact. As for the infant, she was cradled by her mother, who cushioned the child during impact.
"TMZ Investigates: The Miracle Children of the Amazon" airs tonight on FOX at 8 PM ET.
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Eric Bellinger Brother-In-Law Approval For Meagan Good Dating Jonathan Majors
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Eric Bellinger has no qualms with Jonathan Majors and Meagan Good's whirlwind romance, something he's seen up close and personal ... because he's Meagan's brother-in-law!!!
TMZ Hip Hop caught up with the R&B maestro in NYC ... he's been married to Meagan's sister La'Myia since 2015, and he informed us he's not only met Jonathan, but thinks he's a helluva swell guy to be around!!!
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We broke the story back in May ... the 2 actors officially became a couple amid Jonathan's assault case with his ex-girlfriend, and Megan was recently spotted supporting him in court, an indication the 'ship is sailing strong.
Eric admits he hasn't inquired about the details of the case, but insists he's seen no reason to grill him ... due to Jonathan's character.
His stamp of approval echoes the thoughts of Meagan's longtime friend and former castmate Robert Ri'chard ... who vouched for her decision-making when we spoke to him on the subject.
Eric just ensured the family has a cordial Thanksgiving ... and also told us he and Chris Brown have new music dropping soon as well!!!
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Elvis Presley Estate Officials Slam 'Priscilla' ... Ex-Wife Praises New Movie
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The upcoming movie on Elvis and Priscilla has enraged some members of the Elvis Estate, who say the flick is a travesty.
Multiple officials connected to the estate tell TMZ, the film, "Priscilla," was produced without the Estate's knowledge or consent ... and they're ripping it as another Priscilla money grab.
The movie is written and directed by Sofia Coppola and its based on Priscilla's famous 1985 memoir, "Elvis and Me," telling the story of their early romance. Jacob Elordi plays Elvis opposite Cailee Spaeny as Priscilla.
One Estate official who saw the film describes Coppla's writing and directing as "horrible," adding "It feels like a college movie. The set designs are just horrific, it's not what Graceland looks like."
Priscilla has a very different take ... she tells TMZ, "I am very excited to see the interpretation of my book by the masterful Sofia Coppola. She has such an extraordinary perspective and I have always been such an admirer of her work. I'm certain this movie will take everyone on an emotional journey."
It sounds like the movie does take the Elvis officials on an emotional journey ... just not a good one.
Money has been a bone of contention with the Presley family lately ... as we reported, Priscilla settled her legal beef with her granddaughter Riley, who paid Priscilla a lot of money -- we're told millions of dollars -- to end her beef over who will control Lisa Marie's trust.
The movie is due out in October ... and it will be interesting to see if moviegoers agree with Elvis estate officials or Priscilla.
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Amanda Bynes PSYCHIATRIC HOLD will BE EXTENDED ... Cycle Concerns Loved Ones
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Amanda Bynes will be spending an extended period of time getting psychiatric care ... and her loved ones are concerned about her repeated cycle of breakdowns.
Sources with direct knowledge tell TMZ ... once Amanda completes the mandatory 72-hour psychiatric hold -- which started last weekend -- she will be committed for at least another week while doctors work to stabilize her with medications and therapy.
We're told Amanda does well when she takes her medication, but she's stuck in a cycle that many folks with mental illness go through ... where they stop taking their meds once they feel better, leading to the next incident.
It's unclear if Amanda stopped taking her medication before she called police on Saturday, which led to her latest psychiatric hold.
Our sources say when Amanda was under her conservatorship, her mother Lynn was responsible for making sure she took her meds ... and she was always compliant. We're told medication was never an issue during that period.
Of course, that conservatorship ended in March 2022 ... and Amanda is now on her second psychiatric hold in 3 months, which is concerning to those around her.
We're told there isn't much Amanda's family and friends can do for her now, however, because of the judge's decision to terminate the conservatorship.
Our sources say it would be incredibly difficult, if not impossible, to bring a whole new conservatorship petition ... which would be heard in front of the same judge that ended Amanda's conservatorship.
Meanwhile, we're told those who love Amanda are concerned about what seems to be a pattern of mental health breakdowns ... where her parents have no ability to intervene on Amanda's behalf.
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Afroman Detained, Ticketed at Canadian Border ... Yes, for Marijuana (Duh!)
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Afroman's learning a little ganja goes a long way in preventing you from crossing the Canadian border, where he got cited while trying to get back to the U.S. ... TMZ has learned.
Law enforcement sources tell us the Palmdale rapper and his crew were detained Tuesday by U.S. Border Patrol officers while they were attempting to get back on American soil at a port of entry crossing over the St. Lawrence River in upstate New York.
We're told they arrived at an inspection zone, where the feds found a ton of cash and some marijuana in their vehicle -- the bills totaled $10,000, but the bud was an insignificant personal amount.
Afroman tells TMZ ... he was on his way to a gig in NY when he was stopped at the border. He had given all his weed to his fans and housekeepers at his hotel but forgot about a bottle of cannabis pain lotion.
He says he was held for 5 hours at the border and fined $500 for the lotion -- and his DJ was also fined $500 for a small amount of cannabis gummies.
Law enforcement sources tell us the $10K was declared, and the weed was seized ... but nobody was arrested because it was such a small amount.
We reached out to U.S. Customs and Border Protection for comment. Spokesperson Mike Niezgoda would only say ... "As a matter of policy under the Privacy Act of 1974, we are unable to discuss a traveler's inspection."