Founding Fathers Executives Waiver


Waiver, Release, Assumption of Risk, and Indemnification Agreement For The Founding Fathers Executives in Danvers, Massachusetts

Please read this Waiver, Release, Assumption of Risk, and Indemnification Agreement (“Agreement”) carefully because it affects your future legal rights. After reading, please check each numbered section in the space provided. By signing below, you (on behalf of yourself and any personal representatives, assigns, heirs, and next of kin) acknowledge, agree, and represent that you carefully read and understand the Agreement and agree to its terms.
This Agreement is entered into between (“Member/Guest”) and Founding Fathers Executives, LLC, and its respective owners, members, managers, officers, employees, subsidiaries, affiliates, agents, spouses, successors, insurers, principals, assigns, subsidiaries, affiliates, distributors, officers, directors, stockholders, members, managers, attorneys, trustees, and executors (“Host”) in exchange for good and valuable consideration. The intent of this Agreement is for the Member/Guest to (1) release the Host from liability for any accident, death, disability, personal injury, damage to property, or any cause of action relating to the acts or omissions of the Member/Guest or the Host’s negligence and (2) indemnify the Host against any liability for any accident, death, disability, personal injury, damage to property, or any cause of action relating to the acts or omissions of the Member/Guest or the conduct or omission of the Host to the maximum extent of Massachusetts law, including but not limited to negligent conduct.

  1. I acknowledge that neither the Host nor the members area (“The Office”) operated by the Host, is a common carrier, innkeeper, or public utility.
  2. I acknowledge that my annual membership in the Founding Fathers Executives or use of the services provided by the Host is not of great importance, practical necessity, or essential.
  3. I acknowledge that smoking or drinking and the use of tobacco products or alcohol may be dangerous and that being around other people smoking or drinking may be dangerous.
  4. I acknowledge that smoking or drinking, the use of tobacco products or alcohol, and being around other people smoking or drinking may cause injury to myself, injury to others, death, fires, smoke damage, and otherwise damage or destroy property. I understand and voluntarily accept full responsibility for the risks inherent with smoking or drinking, the use of tobacco products or alcohol, and being around other people smoking or drinking.
  5. I agree that the Host will not be liable for any accident, death, disability, personal injury, damage to property, or any cause of action relating to the use of tobacco products or alcohol, or other people smoking or drinking in The Office caused by myself or any of my guests.
  6. I understand and voluntarily accept full responsibility for any accident, death, disability, personal injury, damage to property, or any other cause of action relating to my acts or omissions in connection with The Host or The Office.
  7. I agree that the Host will not be liable for any accident, death, disability, personal injury, damage to property, or any other cause of action relating to my acts or omissions (or those of any guest of mine) in connection with The Office.
  8. I agree that the Host will not be liable for any accident, death, disability, personal injury, damage to property, or any other cause of action relating to the negligent conduct or omission of the Host, whether related to its maintenance, operation, or supervision of The Office or not.
  9. I understand that I am granting the Host a full release from the liability of the law.
  10. I acknowledge that The Office is monitored by audio and video recording for the purposes of safety and compliance with this Agreement.
  11. I consent, consistent with the Commonwealth of Massachusetts Laws, to the audio and video recording of any communications I am a party to while on the premises of The Office (or any facility operated by the Host) and agree that I have no expectation of privacy in the communications I make while on the premises of any facility operated by the Host and that any facility operated by the Host is not a “private place” within the meaning of the Laws.
  12. I agree to and shall indemnify, defend, and hold harmless the Host and its respective owners, members, managers, officers, employees, subsidiaries, affiliates, agents, spouses, successors, insurers, principals, assigns, subsidiaries, affiliates, distributors, officers, directors, stockholders, members, managers, attorneys, trustees, and executors (collectively, “Indemnified Party“) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs of enforcing any right to indemnification under this Agreement incurred by an Indemnified Party, relating to any claim of a third party relating to my acts or omissions or those of my guests in connection with The Office. I agree to and shall indemnify, defend, and hold harmless each Indemnified Party against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, and costs of enforcing any right to indemnification under this Agreement incurred by Indemnified Party, relating to any claim of a third party (including but not limited to any guest of mine) relating to the conduct or omission of the Host (to the greatest extent permitted under law including, but not limited to, negligent conduct), including but not limited to its maintenance, operation, or supervision of The Office.
  13. I agree and understand that while the Host does not require that I maintain an insurance policy in connection with The Office naming the Host as an additional insured as a condition of membership in The Founding Fathers Executives, if I choose to not maintain such a policy or name the Host as an additional insured, I am deemed to be self-insured and I represent to the Host that I have sufficient assets to satisfy my obligations under this Agreement and that my choice not carry such an insurance policy (or name the Host as an additional insured) shall in no way diminish or alter my obligations to indemnify, defend, and hold harmless the Host under this Agreement.
  14. Should any provision of this Agreement be determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall be unaffected thereby and the illegal or invalid part, term, or provision shall be deemed not to be a part of this Agreement.
  15. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law rules. Any action brought by a Member/Guest against Host shall be adjudicated via arbitration (only) in Boston, Massachusetts subject to the rules of the American Arbitration Association, with the full Arbitration costs and fees of the Arbitrator to be paid by Member (subject to 50% reimbursement if Member is the prevailing party in the Arbitration. Any action brought by Host against Member/Guest may, at the Host’s option be brought in a court of competent jurisdiction in Massachusetts, or be adjudicated via arbitration in Boston, Massachusetts subject to the rules of the American Arbitration Association, including its rules regarding the allocation of the costs and fees associated with the arbitration.
  16. The Rules and Regulations of The Office, which may be posted in a prominent place within The Office and updated from time to time (a copy of which will be provided to me upon request) is incorporated by reference in this Agreement as though set forth fully herein.
  17. I agree that this is the full Agreement between myself and the Host, that the Host has not verbally contradicted any of the terms of this Agreement, and that I have entered into this Agreement freely and voluntarily without any force or coercion, or any other promises or assurances.
  18. I agree to provide proof that I (and any guest that I may bring to The Office) am over the age of 21 in a form satisfactory to the Host and that any guest will also execute a copy of this form upon entering The Office.

 

By clicking here, you (on behalf of yourself and any personal representatives, assigns, heirs, and next of kin) acknowledge, agree, and represent that you carefully read and understand the Agreement and agree to its terms.

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Signature Certificate
Document name: Founding Fathers Executives Waiver
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February 2, 2024 1:59 pm ESTFounding Fathers Executives Waiver Uploaded by Jim Bocchetti - contact@foundingfathersexecutives.com IP 73.123.83.110
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