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Spiral Architecture

Release Form

This Release Agreement ("Agreement") is entered into on this date by and between the Undersigned Party (the Undersigned) and Para Services, LLC, doing business as Aarons Legacy, LLC (Aarons Legacy).

In consideration of the Undersigned’s participation in counseling and/or mediation services provided by Aarons Legacy, the Undersigned agrees to the following:


Release of Liability:

The Undersigned understands that the results and consequences of the counseling and mediation services provided herein are beyond the control of Aarons Legacy. The Undersigned acknowledges that there are no representations or warranties of any kind being provided to The Undersigned the Undersigned waives all such warranties. The Undersigned, for themselves and their heirs, executors, administrators, and assigns, hereby agrees to release, waive, and discharge Aarons Legacy, including its members, officers, employees, agents, and contractors, from any and all claims, liabilities, actions, causes of action, demands, losses, or expenses, including medical expenses and legal fees, arising out of or in connection with the provision of mediation and counseling services. This release covers both known and unknown risks associated with these services.


Hold Harmless Agreement:

The Undersigned agrees to hold harmless, defend, and indemnify Aarons Legacy and their members, employees, agents, and contractors from any claims, actions, damages, liabilities, losses, or expenses (including but not limited to attorney's fees) that may arise from the Undersigned's participation in mediation or counseling services. This includes any third-party claims for financial losses.


Arbitration/Costs and Attorney Fees:

Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association (AAA) then in effect. The arbitration shall take place in Broward County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. The parties agree that the arbitration shall be conducted by a single arbitrator mutually agreed upon by the parties or, if no agreement can be reached, by an arbitrator appointed by the AAA. Each party shall bear its own costs and attorney's fees, and the costs of arbitration shall be divided equally between the parties, unless otherwise awarded by the arbitrator. The parties understand and agree that by choosing arbitration, they are waiving their right to a trial by jury.  In the event of any legal action or proceeding arising out of or related to this Agreement or the provision of counseling and mediation services, the Undersigned agrees to reimburse Aarons Legacy for all reasonable costs incurred, including court costs and attorney's fees. Any legal proceedings must be initiated in Broward County, Florida.


Acknowledgment of Understanding:

The Undersigned acknowledges that they have read, understood, and voluntarily agrees to the terms of this Agreement. The Undersigned further acknowledges that they have had the opportunity to consult with legal counsel before signing this Agreement.


Expiration:

This Agreement shall remain in effect for the duration of the services provided by Aarons Legacy and for any subsequent legal claims related to those services.


Voluntary Participation:

The Undersigned acknowledges that their participation in counseling and mediation services provided by Aarons Legacy is entirely voluntary. We have tried to use clear language in this agreement. By signing below, you confirm that you understand its contents. If anything is unclear, please ask for clarification before signing.


Gross Negligence Carve Out:  

Nothing in this Agreement shall be construed to release Aarons Legacy from liability for gross negligence or willful misconduct.

Confidentiality:

All communications made during the mediation and counseling process are confidential and privileged. Such communications shall not be disclosed by the Undersigned to any third party or used in any legal or administrative proceeding, except as required by law or agreed upon in writing by all parties. Aarons Legacy shall not be subpoenaed, called as a witness, or otherwise compelled to testify or produce records, notes, or any documents in any current or future proceedings related to the subject matter of this mediation. The Undersigned agrees not to seek to compel the mediator's testimony or the production of any documents prepared by the mediator. If any party attempts to compel such testimony or production, that party shall indemnify the mediator for all costs and expenses, including attorney's fees, incurred in resisting such compulsion, and compensate the mediator at their prevailing hourly rate for any time spent addressing such matters. This confidentiality provision does not extend to: (i) information that is otherwise discoverable under applicable law; (ii) disclosures required by law, including but not limited to instances of imminent harm or allegations of abuse (iii) situations where all parties provide written consent to disclose specific information; and (iv) Members, agents, employees, and contractors of Aarons Legacy and its related companies whom may disclose such information as they deem reasonably necessary for the betterment of the Undersigned or other third parties pursuant to the mediation or counseling. The obligations of confidentiality and the protections afforded to the mediator under this clause shall survive the conclusion or termination of the mediation process.

 

Severability:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

 

Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

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