READ CAREFULLY – THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for the opportunity to participate in the activity of THE virtual diy- build out organized by The Home Edit The Home Edit, LLC PO Box 331847 Nashville, TN 37203 and/or use of the property, facilities and services of The Home Edit (solely as detailed herein), I, ________________________________ , of _________________,
________________ , _________________________________ , agree for myself and (if applicable) for the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Home Edit, or the employees, representatives or agents of The Home Edit.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members, and further release and discharge The Home Edit for injury, loss or damage arising out of my or my family’s use of any instructions or directions given by The Home Edit, whether caused by the fault of myself, my family, The Home Edit or other third parties.
If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
THE HOME EDIT PROVIDES ANY AND ALL INSTRUCTIONS AND/OR DIRECTIONS ON AN AS-IS BASIS. THE HOME EDIT IS NOT A LICENSED ARCHITECT OR GENERAL CONTRACTOR AND DOES NOT PROVIDE ARCHITECTURAL OR CONTRACTOR SERVICES. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THAT ANY INSTRUCTIONS AND/OR DIRECTIONS PROVIDED TO YOU PURSUANT TO THIS AGREEMENT COMPLY WITH ANY AND ALL LOCAL, STATE, AND FEDERAL LAWS, GUIDELINES, RESTRICTIONS, AND/OR REQUIREMENTS. PLEASE CONSULT WITH THE APPROPRIATE PROFESSIONAL BEFORE MAKING ANY CHANGES TO YOUR RESIDENCE OR OTHER PHYSICAL STRUCTURES.
3. INDEMNIFICATION. I agree to indemnify and defend The Home Edit against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family’s use of instructions and directions provided pursuant to this agreement.
4. FEES. I agree to pay for all damages to the facilities of The Home Edit arising out of any negligent, reckless, or willful actions by me or my family in whole or in part.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from
participation in the above shall be resolved under the internal substantive laws of Tennessee, without respect to its conflict of laws principles. Any claim or dispute between myself and The Home Edit that arises in whole or in part from this agreement shall be decided exclusively by a court of competent jurisdiction located in Davidson County, Tennessee. I AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. FURTHERMORE, I AGREE THAT I MAY BRING CLAIMS AGAINST COMPANY ONLY IN MY INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that The Home Edit has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. ARM’S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. EMERGENCY CONTACT. In case of an emergency, please call (Relationship: ) at (Day), or (Evening).
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.