General, Legal, Tax & Other Disclaimers
- I, for myself and for any person or entity — including any related entities and their respective employees and agents — on whose behalf I am acting or to whom I may give any document or information that is part of this Template (collectively, the “covered parties,” “we,” “our,” or “us”) understand and agree that nothing contained in this Template is intended to constitute legal, tax, investment, or other advice, nor can this Template cover all issues and laws that might apply to every Episcopal church, Episcopal diocese, or other Episcopal employer.
- We understand and agree that we are solely responsible for identifying, reviewing, and complying with all applicable federal, state, and local laws and internal Episcopal Church canons, resolutions, policy, and practice (whether issued by General Convention or Diocesan Convention), and that it is our responsibility to carefully review, consider, and develop personnel polices to fit the needs of our organization. We understand that it is imperative that we consult with our own legal counsel regarding the application of such laws and internal Church policies and practices to our organization’s specific facts and circumstances.
- We understand and agree that, in the event of a conflict between the information contained in this Template and the official plan documents or contracts, the official plan documents or contracts will govern and the policy should be revised to comply with such plan documents or contracts.
- We understand and agree that this Template was prepared primarily in 2008, and The Church Insurance Agency Corporation (“CIAC”) is not required to update this Template to reflect changes in the law and internal Episcopal Church canons, resolutions, policy, or practice (whether issued by General Convention or Diocesan Convention), and we expressly disclaim any reliance on the Template or CIAC for new, updated, or revised information related to the sample personnel policies.
- We understand and agree that CIAC retains the right to revise this Template and modify the terms upon which we may access and use this Template at any time, without notice and for any reason.
Non-Applicability to Ordained Clergy
We understand and agree that state and federal laws regarding the employment of ordained clergy (and, perhaps, some non-ordained employees in ministry positions) are different in important respects from those applying to lay employees. We understand and agree that this Template is not designed to set forth all the differences or to cover situations unique to the selection or employment of such persons.
Distribution & Copying
We understand and agree that the releasees, as defined below, expressly disclaim any warranty for the template and for any employee handbook or other policies that may be derived from, based on, or include portions of the template. The template is provided "AS IS" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We agree that the entire risk arising out of use of the template and any employee handbook or other policies that my be derived from, based on, or include portions of the template lies with us.
We release CIAC and any and all of its parents, subsidiaries, divisions, affiliates, insurers, predecessors, successors, and assigns, and any and all of their respective employee benefit and/or pension plans or funds, and any of the foregoing entities’ past or present employees, officers, trustees, administrators, agents, managers, supervisors, representatives, and assigns, and all persons or entities acting by, through, under, or in concert with any of the foregoing entities or persons (collectively, “Releasees”) from any and all liability resulting from the use or sharing of the Template.
Consent to Jurisdiction & Governing Law
We understand and agree that all matters pertaining to our use of this Template shall be construed in accordance with the laws of the State of New York (without regard to choice of law or conflict of laws rules), except that there shall be no presumption against the drafter in the interpretation of these disclaimers. We further agree that if any legal disputes arise relating in any way to any aspect of this Template and our use thereof, any and all litigation pertaining to such dispute(s) shall be brought in either the U.S. District Court, Southern District of New York, or in the appropriate court in New York County in accordance with the rules of such courts and we consent to the jurisdiction of such courts.
We acknowledge receipt of these disclaimers and agree that our use of this template and its sample policies is subject to such disclaimers. We have carefully read, and fully understand the disclaimers, including our release of claims against the releasees. We have not relied upon any other representations or statements, written or oral, other than those expressly set forth in these disclaimers. CIAC has advised us to consult with an attorney prior to agreeing to these disclaimers and waiving any claims, and we have had sufficient time and opportunity to do so.