Relationship Between Embrace Grace, Inc. & Church
The Church and Embrace Grace, Inc. acknowledge and agree that:
A. The Church is an independent receiver of materials and services provided by Embrace Grace, Inc.
B. Embrace Grace, Inc. is an independent provider of materials and services to the Church.
C. Nothing in this Agreement shall be construed to create a joint venture between the Church and Embrace Grace, Inc.
D. The Church is not a division, section, or department of Embrace Grace, Inc.
E. The Church’s personnel involved in implementing or supervising the Embrace Grace, Inc. programs are volunteers, employees or staff of the Church, not employees, contractors or agents of Embrace Grace, Inc.
F. Embrace Grace, Inc. has exclusive ownership and control of the Embrace Grace, Inc. Programs (including all intellectual property rights) and reserves the right to license the implementation of Embrace Grace, Inc. Programs to other churches and other third-party organizations in its sole discretion and without consulting with Church.
G. The Church will indemnify, defend, and hold Embrace Grace, Inc. and its directors, officers, employees, volunteers, agents and representatives harmless of, from and against any and all losses, injuries, damages, costs, expenses, claims, demands, actions, causes of actions, or suits that arise out of or relate to this Agreement, the Church’s use or implementation of the Licensed Materials, or any Embrace Grace, Inc. group hosted, supervised or otherwise affiliated with Church. This paragraph shall survive the termination or expiration of this Agreement.
H. Embrace Grace, Inc. will not be responsible for, and has no liability for, any damages, losses, injuries, costs or expenses incurred by the Church arising from the implementation of the Embrace Grace, Inc. Programs by the Church and, by executing this Agreement, the Church and the Group Leader release Embrace Grace, Inc. from any and all liability relating to or arising out of the implementation of the Embrace Grace, Inc. Programs. This paragraph shall survive the termination or expiration of this Agreement.
The Church will be solely responsible for any and all aspects of the Church’s local Embrace Grace, Inc. program. The Church will be responsible for all recruiting, screening, training and supervising of volunteers or paid staff involved in the Church’s Embrace Grace, Inc. Programs. This includes liability for all personal matters concerning any volunteers, Group Leader/Co-Leaders, staff and including, without limitations, childcare providers involved in the Embrace Grace, Inc. Programs of the Church. The Church acknowledges that it is solely responsible for establishing and carrying out any policies that are deemed necessary and appropriate for the safety of children and adults during the Embrace Grace/Embrace Life/Embrace Legacy class meetings and for complying with all applicable statutes, regulations and laws of the state/province/country in which the Church is located. The Church releases Embrace Grace, Inc. from any and all claims related to the implementation of the Embrace Grace, Inc. program. This paragraph shall survive the termination or expiration of this Agreement.