Referral Release Agreement
_______________________ (“Releasor”) desires to utilize She Knows People™ a Realtor LLC, a South Carolina limited liability company (the “Company”) as a referral source for professionals offering a variety of services related to real estate and relocation (“Referral Services”). In exchange for the intangible and tangible value, Releasor will gain by utilizing the Company for the Referral Services and other good and valuable consideration, the receipt and sufficiency of which Releasor hereby acknowledges, Releasor enters into this Referral Release Agreement
(“Agreement”).
1. Release.
To the fullest extent permitted by applicable law, Releasor hereby
irrevocably (a) waives all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for negligence, negligent hiring, libel, defamation, invasion of any rights of privacy (including intrusion, false light, public disclosure of private facts, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the
Releasor’s utilization of the Referral Services; (b) covenants not to make or bring any such Claim against Company at any point in time anywhere in the world; and (c) forever releases and discharges the Company from liability under such Claims.
2. Releasor’s Representations and Warranties.
Releasor represents and warrants to Company that the person signing this Agreement for Releasor is at least eighteen (18) years of age, and has full right, power, and authority to enter into this Agreement and grant the rights hereunder. Releasor further represents and warrants to Company that Releasor will provide only true and correct statements and other information in connection with this Agreement. Releasor agrees to defend, indemnify, and hold harmless the Company from and against all claims by third parties resulting from Releasor’s breach or alleged breach of this Agreement or any of the foregoing representations and warranties.
3. General Provisions.
This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. Releasor has not relied on any statement, representation, warranty, or agreement of Company or of any other person on Company’s behalf, including any representations, warranties, or agreements arising from statute or otherwise in law, except for the representations, warranties, or agreements expressly contained in this Agreement. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Company may assign this Agreement and its rights hereunder, in whole or in part, to any party.
Releasor may assign this Agreement and its rights hereunder, in whole or in part, only with the written agreement of Company. This Agreement is binding on and inures to Releasor’s benefit and the benefit of the Company and the parties’ respective heirs, executors, administrators, legal representatives, successors, and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of South Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of South Carolina or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Greenville County, South Carolina, and the parties hereby irrevocably consent to the exclusive jurisdiction of such courts.
THIS AGREEMENT PROVIDES COMPANY WITH RELEASOR’S ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER, AND RELEASE OF LIABILITY IN CONNECTION WITH RELEASOR’S UTILIZATION OF COMPANY FOR THE REFERRAL SERVICES AS SET OUT ABOVE. BY SIGNING, RELEASOR ACKNOWLEDGES THAT RELEASOR HAS READ AND UNDERSTOOD ALL OF THE TERMS OF THIS AGREEMENT AND THAT RELEASOR IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE COMPANY.
Signed: _________________________________
Printed Name: ____________________________
Address:_____________________________________________________________
Date: ___________________________________