Client Approval Form 

Your input will be requested on page 6

Home Builders Foundation (HBF) is a 501(c)(3) non-profit organization whose mission is to build independence, provide opportunities, and elevate lives for individuals and families with disabilities in our community. The foundation uses the unique resources of the home building industry to complete projects that make everyday life easier for individuals and families across the Denver metro area.


HBF staff and volunteers have received your completed application for assistance. The next step in our process is to conduct a site visit at your home. In order to move to the next phase in our process after the site visit, we need you to review the following pages and submit the signed forms. Your request for assistance will then be reviewed by the HBF Project Fulfillment Committee and evaluated against HBF’s criteria and guidelines.  

 

If approved, we will contact you with an update on timing and work item(s) approved, as well as the Project Captain/ Contractors doing the work. The Project Captain/ Contractors will schedule the work completion and be your main point of contact until the project is complete. Keep in mind that all HBF projects are unique, so please allow for flexibility within the overall project, as well as patience and flexibility with scheduling as the crew completing work are HBF volunteers doing this work for you. Please call us at 303-551-6721 if you have any additional questions.


PROJECT WORK AGREEMENT AND RELEASE

This Project Agreement and Release (this "Agreement") is entered into as of Form Submission (the “Effective Date”) by and between (a) [NAME OF PARTY A] ("CLIENT") and (b) Home Builders Foundation, a 501(c)(3) non-profit organization ("HBF"). Collectively, Client and HBF shall be referred to as the "Parties".


BACKGROUND

WHEREAS, Client has accepted and HBF has agreed to build a personally tailored and unique project on Client’s property/home in order to enable client to more freely move within his/her property and/or ease the burden of Clients disability within his/her home (the “Project”);

WHEREAS, in accordance with the terms of the client approval form completed as part of the initial phase of the Project, Client hereby agrees to enter into this separate and direct agreement with HBF to finalize said Project.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, Client and HBF hereby agree as follows:

AGREED TERMS

1. Project Completion. HBF will complete the Project (the "HBF Project Completion") as discussed and determined with Client. The HBF Project Completion will be subject to all agreed upon terms and conditions between Client and HBF including all prior waivers and pre-project surveys, including but not limited to the following: (a) HBF MAY STOP AND DISCONTINUE WORK AT ANY TIME AND SHALL NOT BE RESPONSIBLE TO RETURN THE SPACE TO ITS ORIGINAL STATE; (b) ALL STATEMENTS PROVIDED BY THE CLIENT ARE COMPLETE, ACCURATE AND TRUTHFUL; (c) HBF MAY SHARE CLIENT’S DEMOGRAPHIC, DISABILITY AND CONTACT INFORMATION WITH HBF STAFF, BOARD AND COMMITTEE MEMBERS, VOLUNTEER CREW AND ANY INDIVIDUAL ASSOCIATE WITH THE HBF PROJECT COMPLETION; (d) UPON HBF PROJECT COMPLETION, CLIENT WILL SIGN THE PROJECT COMPLETION FORM ATTACHED AS EXHIBIT A AND WILL PROVIDE THE SAME TO HBF; (e) CLIENT AGREES TO MAKE THE DESIGNATED WORK AREA SAFE AND ACCESSIBLE TO HBF AT ALL TIMES UNTIL HBF PROJECT COMPLETION (INCLUDING BUT NOT LIMITED TO PROPER VENTILATION, KEEPING ALL PETS OUTSIDE OF DESIGNATED WORK AREA AND NOT DISTURBING TOOLS AND EQUIPMENT LEFT AT SITE); (f) CLIENT WILL NOT HAVE INPUT TO THE COLOR, MAKE, MODEL OF THE MATERIALS USED AND HBF PROJECT COMPLETION IS SUBJECT TO HBF MINIMIZING EXPENSES AND MAXIMIZING RESOURCES; (g) CLIENT WILL NOT ENTER INTO SEPARATE AGREEMENTS WITH VOLUNTEERS OR SPONSORS OR HBF STAFF WHILE WORK IS IN PROGRESS; (h) HBF WORK WILL NOT INCLUDE REPAIRS TO CLIENT’S PROPERTY NOT PART OF THE PROJECT SCOPE; (i) IF A PIECE OF EQUIPMENT IS NO LONGER NEEDED, CLIENT WILL CONTACT HBF TO DETERMINE IF SUCH EQUIPMENT CAN BE USED TO HELP ANOTHER CLIENT; (j) ONLY INSURANCE APPLICABLE TO THE WORK AND/OR INJURIES OR DAMAGES ARISING OUT OF OR RELATED TO THE WORK IS INSURANCE PROCURED BY THE CLIENT. The Parties acknowledge and agree that they are solely responsible for paying any attorneys' fees and costs they incurred and that neither Party nor its attorney(s) will seek any award of attorneys' fees or costs from the other Party, except as provided herein.

2. AS-IS Condition. HBF WILL DELIVERY THE PROJECT ON AN “AS-IS” CONDITION AND HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS, IMPLIED, ORAL OR WRITTEN), RELATING TO THE HBF SERVICES OR ANY PART THEREOF INCLUDING WITH RESPECT TO THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.

3. HOA/Rental Agreement/Landlord Consent. Prior to HBF beginning work on the Project, Client hereby agrees to independently confirm approval by their HOA/Rental Agreement and/or obtain landlord consent, as applicable, to allow HBF to properly and safely complete the Project in accordance with HBF’s standards. 



 

4. Release. The Client, on behalf of themselves, their predecessors, successors, affiliates, and assigns, and its and their past, present, and future partners, attorneys, agents, representatives, assigns, and successors in interest, and all persons acting by, through, under, or in concert with them, and each of them, hereby release and discharge HBF, together with their predecessors, successors, direct and indirect parent companies, direct and indirect subsidiary companies, companies under common control with any of the foregoing, affiliates and assigns and its and their past, present, and future officers, directors, shareholders, interest holders, members, partners, attorneys, agents, employees, managers, representatives, assigns, and successors in interest, and all persons acting by, through, under, or in concert with them, and each of them, from all known and unknown charges, complaints, claims, grievances, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts, penalties, fees, wages, medical costs, pain and suffering, mental anguish, emotional distress, expenses (including attorneys' fees and costs actually incurred), and punitive damages, of any nature whatsoever, known or unknown, which Client has, or may have had, against HBF, whether or not apparent or yet to be discovered, or which may hereafter develop, for any acts or omissions related to or arising from:

(a) the Project;
(b) the Additional Costs;
(c) any agreement/waiver between the Parties; and/or
(d) any other matter between the Parties.

This Agreement resolves any claim for relief that is, or could have been alleged, no matter how characterized, including, without limitation, compensatory damages, damages for breach of contract, bad faith damages, reliance damages, liquidated damages, damages for humiliation and embarrassment, punitive damages, costs, and attorneys' fees related to or arising from the Project.

 

5. No Outstanding or Known Future Claims/Causes of Action. Client affirms that it has not filed with any governmental agency or court any type of action or report against HBF, and currently knows of no existing act or omission by HBF that may constitute a claim or liability excluded from the release in paragraph 4 above.


6. Acknowledgment of Settlement. The Parties, as broadly described in paragraph 4 above, acknowledge that (a) the consideration set forth in this Agreement, which includes, but is not limited to, the HBF Project Completion, is in full settlement of all claims or losses of whatsoever kind or character that Client may have, or may ever have had, against HBF, as broadly described in paragraph 4 above, and (b) by signing this Agreement, and accepting the consideration provided herein and the benefits of it, Client is giving up forever any right to seek further monetary or other relief from HBF, as broadly described in paragraph 4 above, for any acts or omissions up to and including the Effective Date, as set forth herein, including, without limitation, the Project.


7. Confidentiality of Agreement. The Parties expressly understand and agree that this Agreement and its contents (including, but not limited to, the fact of payment and the amounts to be paid hereunder) shall remain CONFIDENTIAL and shall not be disclosed to any third party whatsoever, except the Parties' counsel, accountants, financial advisors, tax professionals retained by them, any federal, state, or local governmental taxing or regulatory authority, and the Parties' management, officers, and Board of Directors and except as required by law or order of court. Any person identified in the preceding sentence to whom information concerning this Agreement is disclosed is bound by this confidentiality provision and the disclosing party shall be liable for any breaches of confidentiality by persons to whom they have disclosed information about this Agreement in accordance with this paragraph. If any subpoena, order, or discovery request (the "Document Request") is received by any of the Parties hereto calling for the production of the Agreement, such Party shall promptly notify the other Party hereto prior to any disclosure of same. In such case, the subpoenaed Party shall: (a) make available as soon as practicable (and in any event prior to disclosure), for inspection and copying, a copy of the Agreement it intends to produce pursuant to the Document Request unless such disclosure is otherwise prohibited by law; and (b) to the extent possible, not produce anything in response to the Document Request for at least ten (10) business days following such notice. If necessary, the subpoenaed Party shall take appropriate actions to resist production, as permitted by law, so as to allow the Parties to try to reach agreement on what shall be produced. This paragraph is a material part of this Agreement.


8. Non-Disparagement. Client agrees that it will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about the HBF or HBF’s:

(a) representatives;

or

(b) affiliates, or any of its directors, officers, employees, attorneys, agents, or representatives.

For purposes of this paragraph, a disparaging statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates.



9. Agreement is Legally Binding. The Parties intend this Agreement to be legally binding upon and shall inure to the benefit of each of them and their respective successors, assigns, executors, administrators, heirs, and estates. Moreover, the persons and entities referred to in paragraph 4 above, but not a Party, are third-party beneficiaries of this Agreement.
10. Entire Agreement. The recitals set forth at the beginning of this Agreement are incorporated by reference and made a part of this Agreement. This Agreement constitutes the entire agreement and understanding of the Parties and supersedes all prior negotiations and/or agreements, proposed or otherwise, written or oral, concerning the subject matter hereof. Furthermore, no modification of this Agreement shall be binding unless in writing and signed by each of the parties hereto.
11. New or Different Facts: No Effect. Except as provided herein, this Agreement shall be, and remain, in effect despite any alleged breach of this Agreement or the discovery or existence of any new or additional fact, or any fact different from that which either Party now knows or believes to be true. Notwithstanding the foregoing, nothing in this Agreement shall be construed as, or constitute, a release of any Party's rights to enforce the terms of this Agreement.
12. Interpretation. Should any provision of this Agreement be declared or be determined by any court to be illegal or invalid, the validity of the remaining parts, terms, or provisions shall not be affected thereby and said illegal or invalid part, term, or provision shall be deemed not to be a part of this Agreement. The headings within this Agreement are purely for convenience and are not to be used as an aid in interpretation. Moreover, this Agreement shall not be construed against either Party as the author or drafter of the Agreement.
13. Choice of Law. This Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Colorado, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.
14. Choice of Forum. The state or federal courts of Colorado located in Denver Country shall be the exclusive forums for litigation concerning this Agreement. All parties to this Agreement consent to personal jurisdiction in such courts as well as service of process by notice sent by regular mail to the address designated by both Parties to the other or by any means authorized by Colorado law.
15. Reliance on Own Counsel. In entering into this Agreement, the Parties acknowledge that they have relied upon the legal advice of their respective attorneys, who are the attorneys of their own choosing, that such terms are fully understood and voluntarily accepted by them, and that, other than the consideration set forth herein, no promises or representations of any kind have been made to them by the other Party. The Parties represent and acknowledge that in executing this Agreement they did not rely, and have not relied, upon any representation or statement, whether oral or written, made by the other Party or by that other Party's agents, representatives, or attorneys with regard to the subject matter, basis, or effect of this Agreement or otherwise.
16. Counterparts. This Agreement may be executed by the Parties in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
17. Authority to Execute Agreement. By signing below, each Party warrants and represents that the person signing this Agreement on its behalf has authority to bind that Party and that the Party's execution of this Agreement is not in violation of any by-law, covenants, and/or other restrictions placed upon them by their respective entities.
READ THE FOREGOING DOCUMENT CAREFULLY. IT INCLUDES A RELEASE OF KNOWN AND UNKNOWN CLAIMS.

EXHIBIT A (no response needed at this time)

exhibit A

Signature Page 

IN WITNESS WHEREOF, and intending to be legally bound, each of the Parties hereto has caused this Agreement to be executed as of the date of submission. 
Contact Details of Responsibly Party (person submitting this form)








TESTIMONIAL/ENDORSEMENT RELEASE

I agree to the following:

       I give permission to Home Builders Foundation, a 501(c)(3) non-profit organization, its parent, subsidiaries, affiliates, licensees, successors, and assigns, and those acting under their authority (collectively, “Company”) to use, and to authorize others to use, my statement, my name in connection with that statement, my demographic data (gender, race/ethnicity, age), video recordings, pictures, or artistic creations (including but not limited to drawings, painting, descriptions of project scope) (collectively, the "Testimonial"), forever years from the date of my signature below throughout the world. Company may use, copy, exhibit, publish, and distribute the Testimonial, in whole or in part, in print (including packaging), television, radio, film, digital media (including internet, social media, websites, and apps), and in all other media now known or hereafter existing for advertising, marketing, publicity, and promotion of Home Builders Foundation, and its services and all other commercial business purposes. Company may modify the Testimonial so long as the original content is not significantly altered or misrepresented.

     I understand and acknowledge that Company (a) will be under no obligation to actually use the Testimonial and (b) has the right to use the Testimonial either with or without my name. 

     I waive the right to inspect or approve any use by Company of the Testimonial. 

     I certify that: (a) the Testimonial is true and accurate and reflects my personal experiences and honest beliefs; and (b) I made the Testimonial of my own free will.

     I acknowledge that I have received good consideration for this Release, and no additional compensation is due to me/will receive no compensation from Company other than any goodwill and publicity that I may receive relating to Company's use of the Testimonial. 

      I hold harmless and release Company, its officers, directors, agents, and employees from all claims, demands, and liabilities of any kind arising out of or in connection with Company's use of the Testimonial, including without limitation, claims based upon invasion of privacy, defamation, or right of publicity. I will not make any claim against Company for its use of the Testimonial.

      This Release contains the entire agreement of Company and me with respect to the Testimonial and supersedes all prior and contemporaneous written and oral understandings, agreements, representations, and warranties with respect to the Testimonial. This Release and all matters arising out of or relating to this Release are governed by and construed in accordance with the laws of Colorado without giving effect to any conflict of laws provisions of Colorado that would result in the application of the laws of a different jurisdiction. Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Denver County, Colorado and I hereby consent to the exclusive jurisdiction of such courts.





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