Homeowner’s Release Waiver

HOMEOWNER’S WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION AGREEMENT
This Waiver and Release of Liability Agreement (“Agreement”) is entered into as of date listed below Signature, by and between Christ Fellowship Church (“Church”) and the undersigned homeowner (“Homeowner”), residing at Address listed above, collectively referred to as the “Parties.”
I. SCOPE
The Church, via their domestic mission support team, provide outreach services to homeowners, including but not limited to the following: building handicap ramps, performing repairs, and mowing lawns (“Services”). The Homeowner acknowledges that these Services are intended to provide assistance to those who are unable, and are voluntary and of charitable nature.
This Agreement releases the Church, its officers, directors, employees, agents, and volunteers (collectively, the “Released Parties”) from liability for any claims, damages, or injuries that may arise in connection with the Services provided at the Homeowner’s property.
II. ACKNOWLEDGEMENT AND ASSUMPTION OF RISK
The Homeowner acknowledges and agrees that the Services provided by the Church may involve risks, including but not limited to damage to the Homeowner’s property; personal injury to the Homeowner, members of the Homeowner’s household, or others present on the property; unforeseen complication arising from the Services, including but not limited to the use of tools, equipment, and/or machinery. If the Services become in the sole judgement of the Church too burdensome, the Church reserves the right to cease all work, and may recommend a professional contractor to the Homeowner.
The Homeowner acknowledges and agrees the Homeowner voluntarily assumes all risks associated with the Services, whether known or unknown, including those arising from the negligence of the Released Parties.
III. WAIVER, RELEASE OF LIABILITY, AND INDEMNIFICATION
In consideration for the Services provided by the Church, the Homeowner, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby releases, waives and discharges the Released Parties from any and all claims, demands, actions, or causes of action of any kind, whether in law or equity, arising out of or related to: any injury, damage or loss sustained by the Homeowner or other on the property as a result of the Services; any damage to the Homeowner’s property caused by the Services; and any act or omission, including negligence, of the Released Parties in connection with the Services. This release does not extend to claims arising from gross negligence or willful misconduct of the Released Parties.
The Homeowner agrees to indemnify, defend and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses or expenses (including attorney’s fees) arising out of or related to any injury or damage sustained by the Homeowner, members of the Homeowner’s household or others present on the property during or after the Services; any damage to the property of third parties caused by the Services; and any claims brought by third parties arising out of or related to the Services.
IV. DISCLAIMERS OF WARRANTIES
A. NO WARRANTIES PROVIDED
The Homeowner acknowledges and agrees that the Services provided by the Church are offered on a voluntary basis and are provided, in good faith, AS IS and AS AVAILIABLE, without any warranties of any kind, whether express or implied.
B. EXCLUSION OF IMPLIED WARRANTIES
To the fullest extent permitted, the Church expressly disclaims ALL warranties, whether express or implied, including but not limited to: the implied warranty of merchantability; the implied warranty of fitness for a particular purpose; and any warranties arising from a course of dealing, usage or trade practice.
C. NO GUARANTEES
The Church does not warrant or guarantee that the Services will meet the Homeowner’s expectations, be free from defects, or result in any specific outcome. The Homeowner understands and agrees that the Church and its volunteers are not professional contractors or service providers and that the Services are performed to the best of their ability without any guarantee of quality, durability or stability for any particular purpose.
D. ACKNOWLEDGEMENT
By signing this Agreement, the Homeowner acknowledges that they have read, understood, and agreed to this Disclaimer of Warranties provision. The Homeowner further acknowledges that they have not relied on any representations, statements, or promises made by the Church or its volunteers regarding the quality, condition, or suitability of the Services.
V. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee. Any claims arising out of this Agreement will be subject to the jurisdiction of Tennessee courts only.
VI. VOLUNTARY AGREEMENT
The Homeowner acknowledges and agrees that they have read the Agreement and fully understand its terms, and that they are signing this Agreement voluntarily, without compulsion of any sort.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, representation, and warranties, whether written or oral.
VII. ACKNOWLEDGEMENT AND SIGNATURE
By signing this Agreement, the Homeowner acknowledges that they have read, understood and fully agree to the terms of this Agreement.