This Liability Waiver and Release ("Waiver") is made and entered into as of [Date] by and between [Your Business Name], a [State of Incorporation] company with a principal place of business at [Your Business Address] ("Company"), and [Client Name], residing at [Client Address] ("Client").

 
 

WHEREAS, Company provides kitchen remodeling services, including, but not limited to, design consultations, material selection, installation, and project management ("Services"); and

WHEREAS, Client desires to engage Company to perform Services for Client's property located at [Client Property Address] ("Property").

NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:

1. Assumption of Risk

Client acknowledges and understands that kitchen remodeling projects can involve inherent risks, including, but not limited to:

  • Exposure to dust, debris, and construction materials
  • Potential for property damage due to unforeseen circumstances
  • Risk of injury from tools, equipment, and construction activities
  • Delays in project completion due to unforeseen circumstances or material availability

Client assumes all risks associated with the Services and the use of the Property during the project.

2. Release of Liability

Client, for himself/herself and his/her heirs, successors, assigns, and personal representatives, hereby releases, waives, discharges, and covenants not to sue Company, its officers, directors, employees, agents, subcontractors, and affiliates (collectively, "Released Parties") from any and all claims, demands, losses, or liabilities (including reasonable attorneys' fees) arising out of or in any way connected with:

  • Client's participation in the project
  • The performance of Services by Company or its subcontractors
  • Any loss or damage to Client's property, including pre-existing conditions
  • Personal injury (including death) sustained by Client during the project

3. Client's Responsibilities

Client agrees to:

  • Provide Company with unrestricted access to the Property during the project hours.
  • Obtain any necessary permits required for the project.
  • Properly dispose of any personal belongings that may be in the work area.
  • Notify Company immediately of any pre-existing conditions or potential hazards at the Property.

4. Company's Responsibilities

Company agrees to:

  • Perform Services in a professional and workmanlike manner.
  • Maintain general liability and worker's compensation insurance coverage.
  • Take reasonable precautions to protect Client's property.
  • Communicate any potential delays or unforeseen circumstances to Client promptly.

5. Indemnification

Client agrees to indemnify and hold harmless the Released Parties from any and all claims, demands, losses, or liabilities (including reasonable attorneys' fees) arising out of or in any way connected with Client's breach of this Waiver.

6. Entire Agreement

This Waiver constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

7. Severability

If any provision of this Waiver is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

8. Governing Law

This Waiver shall be governed by and construed in accordance with the laws of the State of [Your State].

9. Binding Effect

This Waiver shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.

10. Waiver of Jury Trial

The parties hereby waive their right to a jury trial with respect to any claim or dispute arising out of or relating to this Waiver.

11. Notice

All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified or registered mail, postage prepaid, return receipt requested, or sent by overnight courier, addressed as follows:

If to Company:

[Your Business Name] [Your Business Address]

If to Client:

[Client Name] [Client Address]

12. Counterparts

This Waiver may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

BY SIGNING BELOW, CLIENT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS THIS WAIVER AND VOLUNTARILY AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

Client Signature: ________________________

Print Name: ________________________

Date: ________________________

Company Signature: ________________________

Print Name (Authorized Representative): ________________________

Title: ________________________

Date: ________________________