In working with Mommy’s Heart, you understand and agree as follows:
1. The Foundation is a nonprofit organization that seeks to assist parents seeking to direct the care and custody of their children by connecting them with professionals (collectively, the “Volunteers”) who can provide assistance. While the Volunteers are associated with the Foundation, you will have a direct relationship with the Volunteers, and the Foundation is not responsible for any advice the Volunteers provide or work they perform on your behalf. Any questions regarding those services should be directed to the Volunteers.
2. I acknowledge I am entering into this agreement and have elected to support the Foundation’s mission on a voluntary basis. The Foundation cannot guarantee any legal, health related, or other outcomes and itself is not a law firm or other organization that provides legal, mental wellbeing, or other advice directly to Recipients of Services.
3. The Foundation (including its employees, management, board members, and other volunteers) is not responsible for the actions of its Volunteers providing legal, mental wellbeing, or other services or any damages that may arise therefrom, and hereby release and indemnify the Foundation from any third party claims arising from the services the Foundation or its Volunteers provide. To the fullest extent permitted by law you assume all risk of injury or harm resulting from the services the Foundation provides and agree to release, indemnify, and forever discharge the Foundation from any and all potential liability as a consequence of those services; provided that you shall not be required to indemnify the Foundation for any harm, loss, or claim to the extent such harm, loss, or claim is due to the gross negligence or willful misconduct of the Foundation or its employees.
4. The Foundation agrees to maintain the information you provide in the course of seeking its services in strict confidence. Should a third party seek such information in the course of court proceedings or for other reasons, the Foundation will give you notice of such requests where permitted by law. The Foundation will not sell your information to third parties. You agree that, unless requested by and/or consented to by the Foundation, you will not provide the Foundation with unsolicited personally identifiable or protected health information beyond what is required for the Foundation to perform its services. You further agree not to provide the Foundation any information subject to the attorney-client privilege, physician-patient privilege, or therapist-patient privilege.
5. Recipient of Services will not disparage the Foundation or its officers, directors, employees, grantors, donors, clients, affiliates or agents, in any manner likely to be harmful to them or their business, business reputation or personal reputation; provided, however, you shall respond accurately and fully to any question, inquiry or request for information when required by legal process.
6. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Parties agree that this Agreement shall be governed by New York State law, with venue for any dispute to be mandatory in the borough of Manhattan in New York County, New York.
For more information regarding the Foundation’s Terms of Service and Privacy Policy, please visit www.mommysheartfoundation.com.
Recipient of Services acknowledges, affirms, and certifies that they have read and reviewed, and now and hereby agree to all above-stated six paragraphs. By affixing their signature, together with the Foundation President, Recipient of Services certifies that they understand the terms and conditions set forth above are a binding contract with the Foundation.