Waiver & Release of Liability Agreement
MyDIY Advisor LLC
WAIVER AND RELEASE OF LIABILITY AGREEMENT
Michigan Builder's License #262500809
This Waiver and Release of Liability Agreement (this "Agreement") is made by and between MyDIY Advisor LLC, a Michigan limited liability company ("Company") and the undersigned individual or entity (the "Client") (collectively, the "Parties") as of the date Client signed this Agreement below (the "Effective Date").
RECITALS
A. Client and Company have entered into that certain Master Services Agreement (the “MSA”), or, if no MSA is executed, one or more Work Orders or other service arrangements, pursuant to which Company will provide services related to Client’s DO-IT- YOURSELF (DIY) project;
B. Client acknowledges that DIY construction activities involve inherent and substantial risks of property damage, personal injury, and death;
C. Client acknowledges that Company provides advisory and other support services only and does not supervise Client’s construction activities, control Client’s project site, or assume responsibility for construction means, methods, or safety. Client understands and agrees that Client is, at all times, solely responsible for performing Client’s DIY construction project and retains exclusive control of the project site, workers, construction means and methods, sequencing, safety precautions, and compliance with applicable laws, codes, and permit requirements;
D. As a material inducement for the Company to provide Client with its advisory and support services, Client agrees to execute this Waiver and Release of Liability Agreement.
NOW THEREFORE, the Parties agree as follows:
AGREEMENT
1. Full Release of Claims.
1.1 Release and Waiver. In consideration for Company providing advisory and support services under that certain MSA or Work Order, and for other good and valuable consideration, the sufficiency and receipt of which is acknowledged, Client, on behalf of Client and, to the fullest extent permitted by law, Client’s spouse, domestic partner, dependents, family members, heirs, executors, administrators, personal representatives, successors, permitted assigns, and all others claiming by, through, or under Client (collectively, "Releasing Parties"), hereby voluntarily, knowingly, and intentionally releases, waives, discharges, and covenants not to sue Company and its owners, members, managers, officers, directors, employees, contractors, subcontractors, agents, affiliates, insurers, successors, and assigns (collectively, “Released Parties”) from and against any and all claims, demands, damages, losses, liabilities, causes of action, lawsuits, judgments, settlements, costs, and expenses (including attorneys' fees and court costs) of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, that in any way arise out of, result from, or relate to: (a) Client’s engagement of Company’s services under any Master Services Agreement (“MSA”), Work Order, subscription, service agreement, or other arrangement; (b) any advice, recommendations, guidance, opinions, information, plans, specifications, or services provided or not provided by Company or any Released Party; (c) Client’s DIY construction project, including but not limited to property damage, personal injury, bodily injury, illness, disability, death, or any other harm or loss; (d) any acts, omissions, statements, or conduct by any Released Party in connection with the advisory or support services, including but not limited to acts or omissions constituting ordinary negligence; and (e) any other matter related to the relationship between Client and Company.
1.2 Scope of Release. This release and waiver applies to, and Client expressly waives any and all claims based upon or arising from: (a) Ordinary negligence of Company or any Released Party, including but not limited to negligent advice, negligent recommendations, negligent design, negligent misrepresentation, negligent performance, negligent infliction of emotional distress, failure to warn of hazards or defects, failure to identify code violations, and any other negligent act or omission; (b) Personal injury claims, including bodily injury, illness, disease, disability, disfigurement, emotional distress, mental anguish, pain and suffering, loss of enjoyment of life, and loss of consortium; (c) Property damage claims, including damage to Client’s project, real property, personal property, improvements, and any diminution in property value; (d) Economic losses, including cost overruns, project delays, increased costs, loss of use, loss of rental income, financing costs, and all consequential, incidental, and indirect damages; and (e) Claims based on any legal theory whatsoever, including negligence, gross negligence (to the extent permitted by law), breach of contract, breach of warranty (express or implied), strict liability, misrepresentation, professional malpractice, negligent supervision, premises liability, or any other theory of recovery.
1.3 Exceptions to Release. This release and waiver shall not apply to claims arising solely and directly from: (a) Company's willful misconduct or intentional torts;
(b) Company's actual fraud (as opposed to constructive fraud or negligent misrepresentation); or (c) Company's gross negligence, but only to the extent that Michigan law prohibits waiver of gross negligence in this context and only if such gross negligence is proven by clear and convincing evidence. For avoidance of doubt, this release applies to all claims based on ordinary negligence, and Client acknowledges that Michigan law permits waiver of ordinary negligence claims in commercial contexts and recreational activity waivers.
2. Relationship to Other Agreements. This Agreement is intended to provide a separate, independent, and additional waiver and release of liability that supplements and reinforces (but does not limit, reduce, or replace) any assumption of risk, indemnity, limitation of liability, waiver of subrogation, disclaimer of warranties, exculpatory clause, or similar risk‑allocation provisions contained in any MSA, Work Order, or other agreement between the Parties. All such provisions shall remain in full force and effect and shall be cumulative and not mutually exclusive. In the event of any conflict or ambiguity between this Agreement and any other agreement regarding the scope or effect of any waiver or release of liability, the provision most favorable to Company and the Released Parties shall control, and this Agreement shall be liberally construed to maximize protection for Company and the Released Parties.
3. WAIVER OF JURY TRIAL. THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY WORK ORDER. THIS WAIVER IS KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY MADE BY THE PARTIES. THE PARTIES EACH ACKNOWLEDGE THAT THEY HAVE READ THIS JURY TRIAL WAIVER PROVISION, UNDERSTAND ITS TERMS, HAVE HAD THE OPPORTUNITY TO CONSULT WITH LEGAL COUNSEL REGARDING THIS WAIVER, AND AGREE TO ITS TERMS BY THEIR SIGNATURES BELOW.
4. Severability. If any provision of this Waiver is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, the parties agree that the court or arbitrator making such determination shall enforce this Agreement in a manner that comes closest to expressing the intention of the invalid or unenforceable term or provision. If such provision is unenforceable under law or violative of public policy, then such portion of this Agreement shall be severed and the remaining provisions shall continue in full force and effect and shall be construed to give maximum effect to the intent of the parties to release Company from liability to the fullest extent permitted by law.
5. General Provisions; Governing Law and Dispute Resolution. This Agreement is intended to function as a standalone waiver and release and may be executed together with or separate from any Master Services Agreement or Work Order. If executed in connection with an MSA or Work Order, this Agreement is incorporated by reference into such documents and supplements the risk‑allocation provisions as described above. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict‑of‑law rules. Any dispute, claim, or controversy arising out of or relating to this Agreement shall be resolved in accordance with the dispute‑resolution, jurisdiction, and venue provisions set forth in any applicable MSA between the Parties. If no MSA is in effect, then any such dispute shall first be subject to good‑faith negotiation and, if not resolved, to mediation in Michigan; thereafter, either Party may bring an action for binding arbitration administered by the American Association of Arbitration, in Oakland County, Michigan. Client consents to such jurisdiction and venue and waives any objection based on inconvenient forum. This Release may be signed electronically and in counterparts. This Release shall survive termination of the MSA and any Work Order.
6. CLIENT ACKNOWLEDGES THAT CLIENT HAS CAREFULLY READ THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT, FULLY UNDERSTANDS ITS TERMS, AND UNDERSTANDS THAT CLIENT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY FOR ORDINARY NEGLIGENCE, THE RIGHT TO RECOVER DAMAGES FOR PERSONAL INJURY AND PROPERTY DAMAGE CAUSED BY COMPANY'S ORDINARY NEGLIGENCE, AND THE RIGHT TO A JURY TRIAL FOR SUCH CLAIMS. CLIENT FURTHER ACKNOWLEDGES THAT CLIENT IS SIGNING THIS AGREEMENT FREELY AND VOLUNTARILY AND INTENDS FOR IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
IN WITNESS WHEREOF, the Parties have executed and agreed to be bound by all terms and conditions of this Waiver and Release of Liability Agreement as of the Effective Date first written above.