Date: May 5, 2020
This Rent Reporter Rent Relief Fund Applicant Agreement ("Agreement") is entered into by and between the applicant identified in the Application (the “Applicant”), on the one hand, and Rent Reporter Inc. a 501c(3) non-profit located at 215 West 125th Street, Suite 410, New York, NY 10027 (the "Administrator"), on the other hand, related to the Applicant’s participation in the Rent Relief Fund program ("Program").
1 Applicant Eligibility.
By entering into this Agreement, the Applicant represents and warrants that s/he:
The Applicant further represents that, to the best of their knowledge, they are not:
If during the Program the Applicant becomes aware that any of the above eligibility restrictions do apply to it, the Applicant will immediately inform the Administrator of that fact.
For purposes of this Agreement, (i) the members of an individual's immediate family include such individual's spouse, children and step-children, parents and step-parents, and siblings and step-siblings, and (ii) the members of an individual's household include any other person that shares the same residence as such individual for at least three (3) months out of the year.
2. Third Party Agreements.
3. Release. Applicant consents to Administrator collecting and storing their personally-identifiable information which they specifically and knowingly provide to Administrator for Program selection and administration purposes.
Applicant consents to Administrator collecting and storing their personally-identifiable information which is provided to Administrator by the Applicant’s landlord or rental property manager for Program selection and administration purposes.
Personally-identifiable information includes, but is not limited to, the Applicant’s name, address, email address, phone number, date of birth, social security number, and financial history.
Applicant may always choose not to provide personal information to Administrator, but then the Program will not be available to them.
The personally-identifiable information that Administrator collects may be stored and processed in the United States or any other country in which its affiliates, subsidiaries, contractors or agents maintain facilities; Applicant consents to any such transfer of information outside of the United States.
To the fullest extent permitted by applicable law, the Applicant hereby irrevocably waives all legal and equitable rights relating to all losses, damages, costs, expenses, liability and claims of any kind, including but not limited to claims for negligence, breach of contract, misappropriation of trade secrets, infringement of intellectual property or other rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, 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 or relating to the Applicant’s participation in the Program and the Selection Process, whether resulting in whole or in part from the negligence of the Administrator or any other person. The Applicant covenants not to make or bring any such Claim against Administrator and forever releases and discharges Administrator from liability under such Claims. It is understood that the Applicant may later become aware of Claims or facts that may be different from, or in addition to, those considered or foreseen with regard to the subject matter of this Agreement, and which, if such had been considered or foreseen at the time of signing this Agreement, might have materially affected the terms of this Agreement or the Applicant's decision to enter into it. Nevertheless, the Applicant hereby waives on behalf of itself any right or Claim that might arise as a result of such different or additional Claims or facts. The Applicant has been made aware of, and understands, the provisions of California Civil Code Section 1542 (and similar or analogous statutes and common law in other relevant jurisdictions) and hereby expressly waives any and all rights, benefits and protections of the statute, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
5. Reliance on Own Counsel.
The Applicant acknowledges that the Administrator has advised it to seek independent legal counsel with respect to the execution of this Agreement and any issues with respect to the effects of this Agreement. The Applicant represents and acknowledges that in entering into this Agreement, the Applicant has not relied upon any representation or statement, whether oral or written, made by the Administrator, its employees, or any of the agents, representatives or attorneys of any of the foregoing with regard to the subject matter, basis or effect of this Agreement or otherwise, other than to the extent set forth in this Agreement.
6. General Provisions.
(a) The Applicant will not assign any rights or obligations under this Agreement to any other person or entity without the prior written consent of the Administrator. All the terms and provisions of this Agreement will be binding upon, will inure to the benefit of, and will be enforceable by the permitted successors and assigns of the parties. Should any provision of this Agreement be held to be void, invalid or inoperative, the remaining provisions of this Agreement will continue in effect and the invalid provision will be deemed modified to the least degree necessary to remedy such invalidity.
(b) This Agreement, which incorporates all policy and guidance documentation on the Program website, sets forth the entire agreement between the Applicant and the Administrator on the subject matter of this Agreement and supersedes any prior negotiations, understandings or agreements between the parties concerning any subject matter set forth in this Agreement. No amendment or modification of this Agreement will be made except in writing signed by the parties, except that the Administrator may modify the Program Rules in its discretion as reasonably necessary to administer the Program. To the extent that the terms of this Agreement conflict with the Program Rules, this Agreement will prevail. The failure of either party to partially or fully exercise any right or the waiver by either party of any breach will not prevent a subsequent exercise of such right or be deemed a waiver of any subsequent breach of the same or any other term of this Agreement.
(c) This Agreement will be governed and interpreted in accordance with the laws of the State of Delaware without regard to principles of conflict of laws. Any dispute, controversy or claim arising out of or relating to this Agreement shall be settled by arbitration. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration clause. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Rent Reporter Inc, 215 West 125th Street, Room 410, New York, NY 10027. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures available at http://www.jamsadr.com/rules-comprehensive-arbitration/". JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the Administrator will select an alternative arbitral forum.
IN NO EVENT WILL THE ADMINISTRATOR HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING OUT OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BY AGREEING TO THE TERMS AND THEREBY ENTERING INTO THIS AGREEMENT, THE APPLICANT ACKNOWLEDGES THAT IT UNDERSTANDS ALL OF THE TERMS OF THIS AGREEMENT AND THAT IT IS GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE ADMINISTRATOR OR AUTHORIZED PERSONS FOR KNOWN AND UNKNOWN CLAIMS.