TERMS AND CONDITIONS; WAIVERS AND RELEASE
PLEASE READ CAREFULLY: The provisions set forth herein are expressly incorporated and shall form a part of the letter agreement between you and Tranquil Transitions and shall supersede any provisions to the contrary in the letter agreement.
Tranquil Transitions will not handle, pack or move firearms, fine art and jewelry, high value collectibles or collections, and other items determined by Tranquil Transitions as requiring specialized treatment, but we will assist in making arrangements for the handling, transport or other disposition of such items. You agree to notify Tranquil Transitions of any such items (and specifically any single item or those as a group exceeding $1,000 in value) and secure them before Tranquil Transitions commences to provide Services. You shall also notify Tranquil Transitions of any items of high sentimental value to you so that Tranquil Transitions shall treat such items with extra care, and, absent such notice, you hereby waive any damages claimed by you based on personal sentimental value in excess of actual fair market value of any such items.
It is understood that we may from time to time disclose or allow to be disclosed to each other confidential information, such as (i) in your case, personal family and financial information, and (ii) in the case of Tranquil Transitions, its employees and third-party contractors, technical assistance, and knowledge in the handling of operations (collectively, “Confidential Information”). All Confidential Information shall belong to and be the sole property of the party to which it relates, and any such Confidential Information will be treated by the other party in full confidence.
Client acknowledges that Tranquil Transitions shall be providing certain Services and, in some cases, may move or dispose of certain furniture, equipment, and other personal property (collectively, “Items”), and that moving, loading, and disposing of Items and other property creates certain risks to property and persons. Even with reasonable care, Items, persons, and other property can be damaged, broken, scraped, scratched, etc., including risks to walls, carpets and hardwood flooring, and other items not being moved or disposed of. Unless otherwise directed by the client, Client agrees that Tranquil Transitions may, in its sole and absolute discretion, subject to applicable law, dispose of Items provided to it for removal or disposal in any way Tranquil Transitions desires, whether such Items are donated, sold, discarded, or kept by any other party whatsoever.
Tranquil Transitions maintains professional liability insurance with industry-standard liability limits, and our total liability to Client shall not exceed the total available insurance policy limits per claim available to Tranquil Transitions under such professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, Tranquil Transition’s total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, our negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client’s Claims) shall not exceed the total policy limits available to Tranquil Transitions under its professional liability insurance policy for settlement or satisfaction of Client’s Claims under the terms and conditions of such policy applicable hereto.
In consideration of the Services to be provided by Tranquil Transitions hereunder, Client hereby expressly, KNOWINGLY AND INTENTIONALLY, WAIVES, RELEASES, INDEMNIFIES AND HOLDS HARMLESS, Tranquil Transitions, its principals, directors, officers, agents, employees, representatives, and volunteers (collectively, “Releasees”) from and against any and all demands, claims, actions, causes of actions, losses, damages, liabilities, obligations, costs and expenses, including without limitation, attorney’s fees (hereinafter collectively referred to as “Damages”) for injury or damage to any persons or property incurred by such Releasees resulting from, incidental, or attributable to the Services, including, without limitation, any Damages incurred due to injury Items being incorrectly provided to Tranquil Transitions for removal or disposal (e.g., Items provided to Tranquil Transitions to which the person providing did not own or hold title to), except due to such Releasee’s gross negligence.
This Agreement constitutes the sole and entire agreement of the parties with respect to the matters contained herein, and any representation, inducement, promise, or agreement, whether oral or written, which pertains to such matters and is not embodied herein shall be of no force or effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal and legal representatives, successors, and permitted assigns. This Agreement shall be interpreted, construed, and governed according to the internal laws of the State of Maryland without reference to its choice of law rules. Client agrees that if any portion of this letter agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, Client agrees that if he or she or someone on his or her property is hurt or such client’s property is damaged, then such client may be found by a court of law to have waived such client’s right to maintain a lawsuit against the Releasees on the basis of any claim for negligence.
CLIENT HAS CAREFULLY READ, UNDERSTOOD AND VOLUNTARILY AGREES TO THESE TERMS AND CONDITIONS; WAIVERS AND RELEASE AND AGREES TO BE BOUND BY ITS TERMS.