ACKNOWLEDGEMENT OF TERMS AND WAIVER OF CLAIMS
This acknowledgment and waiver creates a contract between you and The Harvard Business School Club of New York, Inc., a New York not-for-profit corporation (“HBSCNY” or “we”). Please read the following carefully and in its entirety. By checking the “I Accept these Terms and Conditions” box in the client coaching enrollment form, you signify your understanding of your – and your Company’s – agreement to, the following terms and conditions in connection with the HBSCNY’s Small Business Partnership Initiative :
If you have identified yourself to HBSCNY as being affiliated with a corporation, limited liability company, limited partnership or other organizational entity (your “Company”), you represent that you have the legal authority to bind your Company to these terms and conditions.
You understand that HBSCNY and its volunteers are providing consulting and advisory services on a pro bono basis with a team of volunteers and acknowledge that we can only extend our reasonable efforts to assist you. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING THE QUALITY OR SUITABILITY OF THE SERVICES RENDERED BY HBSCNY OR ITS VOLUNTEERS OR THAT SUCH SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE OR RELIABLE.
Any resources, materials, information and advice provided by HBSCNY or its volunteers are provided for informational purposes only.
No professional, fiduciary or other legal relationship is created between you or your Company and Harvard University, Harvard Business School, HBSCNY, or any individual member of the Harvard community by virtue of your own or your Company’s participation in the Small Business Partnership Initiative.
You and your Company agree to release, indemnify and hold harmless, to the fullest extent permitted by law, Harvard University, its several Schools, the members of its governing boards, and HBSCNY, its directors, employees, boards of advisors, officers, agents, representatives, project coordinators and volunteers (together, the “Indemnified Parties”), individually and collectively, from and against any losses, costs and expenses (including reasonable attorneys’ fees), claims and damages suffered or incurred, resulting from, arising out of, in connection with, or otherwise relating to (1) your own or your Company’s participation in and access to the Small Business Partnership Initiative; and (2) any information or resources provided to your Company or you in connection with such participation. This waiver of all liability and claims and agreement to indemnify and hold harmless the Indemnified Parties shall apply even in the event of negligence by the Indemnified Parties.
All disputes arising under this agreement your or your Company’s participation in the Small Business Partnership Initiative shall be governed by and interpreted in accordance with the laws of New York, without regard to principles of conflict of laws. The parties to this agreement will submit all disputes arising under this agreement to arbitration in New York City, New York before a single arbitrator of the American Arbitration Association (“AAA”).