We make the following statements only so we can succeed with all our Stakeholders, in perpetuity, in our noble mission and business as a "Not-for-Profit" business to "Serve && Support" a very special segment of the human population and the Public, people with a chronic, substantial physical disability due to development (i.e. our "VIP!'s", or "PCSPDD"). We wish to continue to provide each such the very special "support" they "need", to help secure (and improve) their Independence/Self-reliance; and to reduce the burden to Government.
aHAND4 ® Life! DISCLAIMS ("denies") ALL THE FOLLOWING THINGS (i.e. "items, aspects, elements, not "THINGS!", as numbered below), TO THE EXTENT PERMITTED BY LAW, FOR ALL OUR OPERATIONS, AND FOR THE EXPRESSED PURPOSE OF DULY LIMITING THE EXTENT OF OUR LEGAL & FINANCIAL LIABILITY TO ANY PARTY, INCLUDING FOR ANY ACTUAL OR PUNITITVE DAMAGE(s) - under the laws of the State in which we are operating, and the United States of America. Any other assumption is expressly denied by this Organization. And aH4L! Reserves all its Rights.
aHAND4 ® Life! must advise all "Parties" with which we enter a Contractual (WRITTEN) Agreement and Operate according in our Business, whether for "Services rendered" or "otherwise", please see NOTE 1: below for details regarding our REQUIRED 1) "MUTUAL INDEMNIFICATION" CLAUSE and 2) "BINDING ARBITRATION AND WAIVER OF A JURY TRIAL for DISPUTE RESOLUTION" CLAUSE. With rare exception are we otherwise be able to enter in to any agreement with any Party or "Serve & Support (i.e. "Help out", after namesake, "a hand to help").
1). ALL THINGS afforded
aHAND4 ® Life! by the protection of our ENTITY and its STATUS as FOLLOWS:
a). by our Articles, duly Registered with the California Secretary of State, where we are formed as a "Public Benefit Corporation"; and
b). by the qualification of the U.S. IRS as a 501c3 "Tax Exempt" entity (since 2009); and
c). by the qualification of California's Franchise Tax Board, also as "Tax Exempt", (also since 2009), and as an "Employer" in the State of California; and
d). by the qualification of the City of Los Angeles, also finding us EXEMPT from Business Tax & Licensing requirements.
2). ALL THINGS afforded
aHAND4 ® Life! by the protection of our Articles, Bylaws* and Policies, as FOLLOWS:
3). ANY LEGAL OR FINANCIAL LIABILITY OR RESPONSIBILITY FOR ANY ACTUAL OR PUNITIVE DAMAGE(s), as afforded
aHAND4 ® Life! under the law, and because of the TERMS OF OUR AGREEMENTS, DUE ("Resulting from") TO THE INDEPENDENT ACTION(s) of any Party engaged in business with
aHAND4 ® Life! (i.e. any "not authorized", or "performed with gross negligence" action(s)) - whether by or to a VIP!, Staff Member, Director, Advisor, other Contractual Stakeholder, Partner, Supplier, etc.; and
aHAND4 ® Life!'s "BEST PRACTICE(s)" APPROACH will achieve any particular RESULT OR GOAL OR PLAN of the VIP! Member or Client under their Service Contract (i.e. WE DO NOT PROVIDE ANY GUARANTEES OR WARRANTIES FOR OUR SERVICE). aH4L! utilizes ITS "Best Practices" ("Our Best Practices"), which are based on our years of Experience and good Judgement working in the lives of VIP!s. Such serves as our "SOLE Qualifications", in addition to other Eduction and Training which each Direct Support Staffer may have, ALL OF WHICH we REQUIRE EACH VIP! (or their responsible Stakeholder (legal Gaurdian or Conservator) to DULY REVIEW, AND ACCEPT IN WRITING a priori to any engagement and provision of "Service/Support". aH4L! further notes, it is our EXPLICIT, FULL INTENSION TO WORK DILIGENTLY AND ACCOMPLISH GOOD RESULTS with and for our VIP!s. We in fact promote our intentions as established by our Board of Directors, to achieve a measured high percentage EFFECTIVENESS (Actual vs. Planned), and Cost efficiency (cost of Direct Service/Support vs. cost of Indirect expenses) for our Services rendered. Therefore, WE QUICKLY work with our VIP!s to establish whether we CAN or CANNOT achieve such with/for that particular VIP!. If NOT, we will either QUICKLY MODIFY the Plan, to a NEW, MUTUALLY Agreeable set of Goals (in "YOUR Life Plan!), OR we will TERMINATE our engagement with such VIP!, including potentially their "Membership" altogether, pursuant to our Membership Policies, particularly if ours and our VIP!s "Values" and support for this Organization are not well aligned; and
aHAND4 ® Life!, via its aHAND4 CARE! program or any of its sub-programs, will achieve any particular RELATED MISSION OR GOAL OR PLAN of such Program for the VIP! Member or Client under their Service Contract (i.e. WE DO NOT PROVIDE ANY GUARANTEES OR WARRANTIES FOR OUR SERVICE), OR IS FOR "practicing any form of healthcare", or "providing medical or healthcare decisions or recommendations", or "managing any VIP!'s personal, confidential healthcare information, such as those with "power of attorney", WITHOUT FIRST HAVING EXPLICITY RECEIVED WRITTEN permission IN ADVANCE by the VIP! (and any legal Guardian or Conservator). OUR PROGRAMS ARE NOT FOR SUCH PURPOSE, such activities are required by law to be performed by licensed and certified Professionals or Organizations, or licensed Physicians, Nurses, Practioners, Dieticians, Guardians or Conservators, etc. which we are not, nor is any aH4L! Employee or sub-contractor for the VIP! in which they are involved.
aHAND4 ® Life!, via its aHAND4 LEGAL! program or any of its sub-programs, will achieve any particular RELATED MISSION OR GOAL OR PLAN of such Program for the VIP! Member or Client under their Service Contract (i.e. WE DO NOT PROVIDE ANY GUARANTEES OR WARRANTIES FOR OUR SERVICE), OR IS FOR "legal services" or "legal counsel or advisement" or "legal opinions" or managing the legal information of the VIP! as those "power of attorney" or with "Fiduciary Responsibility", WITHOUT FIRST HAVING EXPLICITY RECEIVED WRITTEN permission IN ADVANCE by the VIP! (and any legal Guardian or Conservator). OUR PROGRAMS ARE NOT FOR SUCH PURPOSE, such activities are required by law to be performed by licensed and certified Professionals or Organizations, or licensed Physicians, Nurses, Practioners, Dieticians, Guardians or Conservators, etc. which we are not, nor is any aH4L! Employee or sub-contractor for the VIP! in which they are involved; and
aHAND4 ® Life!, via its aHAND4 FINANCES! program or any of its sub-programs, will achieve any particular RELATED MISSION OR GOAL OR PLAN of such Program for the VIP! Member or Client under their Service Contract (i.e. WE DO NOT PROVIDE ANY GUARANTEES OR WARRANTIES FOR OUR SERVICE), OR IS FOR "taking over VIP!s finances", such as with "power of attorney", or "managing personal banking" or "managing any of VIP! personal, confidential financial information, WITHOUT FIRST HAVING EXPLICITY RECEIVED WRITTEN permission IN ADVANCE by the VIP! (and any legal Guardian or Conservator). OUR PROGRAMS ARE NOT FOR SUCH PURPOSE, such activities are required by law to be performed by licensed and certified Professionals or Organizations, or licensed Financial Plannners, Brokers, CPA's, Fiduciaries, Guardians or Conservators, etc. which we are not, nor is any aH4L! Employee or sub-contractor for the VIP! in which they are involved; and
aHAND4 ® Life!, via its aHAND4 HOMES! program or any of its sub-programs, will achieve any particular RELATED MISSION OR GOAL OR PLAN of such Program for the VIP! Member or Client under their Service Contract (i.e. WE DO NOT PROVIDE ANY GUARANTEES OR WARRANTIES FOR OUR SERVICE), OR IS FOR "signing Contracts", "taking responsibility for ownership, rental, or maintenance" of a VIP!s home, or managing any critical Home, Warranty, etc. information ", information of the VIP! as those "power of attorney" or with "Fiduciary Responsibility", WITHOUT FIRST HAVING EXPLICITY RECEIVED WRITTEN permission IN ADVANCE by the VIP! (and any legal Guardian or Conservator). OUR PROGRAMS ARE NOT FOR SUCH PURPOSE, such activities are required by law to be performed by licensed and certified Professionals or Organizations, or licensed Plumbers, Electricians, Contractors, Architects, Inspectors, Guardian's or Conservators, etc. which we are not, nor is any aH4L! Employee or sub-contractor for the VIP! in which they are involved.
aHAND4 ® Life!, via its aHAND4 THINGS! program provides "Service/Maintenance" contract or "labor or parts" for ANY delivered THING!; OR is in any way responsible for any thing which ULTIMATELY CANNOT be procured, OR arrives "damaged" or otherwise in Non-working order, or is otherwise "DELIVERED", or that we PROVIDE A GUARANTEE OR WARRANTY, EXTENDED OR OTHERWISE, for any "THING!" that we may or may not provide a VIP! OUR PROGRAMS ARE NOT FOR SUCH PURPOSE, and such THINGS! are provided FREE of CHARGE by the PUBLIC, a noble benefactor to this Organization, and NO VIP! recipient carries any "rights thereto". All VIP!s wishing such "Rights" are advised otherwise to PURCHASE "things" on their own, of their own finances, and pay for any required "warranty", "maintenance contract", etc., and NOT to make any request to aH4L!, so as to leave more THINGS! for other VIP!s without such requirements; such are all NOT the responsibility nor obligation of aH4L!; and
aHAND4 ® Life!'s aHAND4 SAFE HAVENS! program IS AN OPERATIONAL PROGRAM and provides ANY benefit yet to any VIP!, Member, Employee, etc., etc. OUR PROGRAM IS NOT SUCH, and now is ONLY A "business development/investigative" Program at this stage, WE DO NOT PROVIDE ANY BENEFIT YET to ANY VIP!. Further, we operate and interact ONLY with Authorized Public Housing Resources, Bankers, Contractors, Architects and other Professionals, MOST of who we require to hold applicable and appropriate Licenses and Certifications; and
aHAND4 Life! (aH4L!) has VERIFIED/ VALIDATED every claim made by any "third party" REFERENC/LINK contained in our Website, wherein we chosen to share, nor any such 3rd Party Documents, nor the absolute Accuracy (typographical, grammatical, legal intent, etc.. aH4L! does its very best and is diligent to verify/validate the information it chooses to share with others using our Site, HOWEVER, WE ACCEPT NO RESPONSIBILITY for authenticity of 3rd Party information, its accuracy, or any legal or finacial liability related to such; as well, if you have question or concern re: any aH4L! information herein, please CONTACT US to make us aware, so we may promptly correct, address in the most timely, most complete and accurate manner possible; and
aHAND4 Life!'s information is for anything OTHER THAN "general informational purposes only". Consistent with all the above, such as a "parent, guardian, conservator or good friend MIGHT comment and guide", BUT WITHOUT LEGAL OBLIGATION OR FINANCIAL LIABILITY. aH4L! strongly ENCOURAGES all viewers, Members, etc. to consult an appropriate, responsible licensed Professional, such as Attorney or legal Counsel re: any information herein, and please see all Disclaimers herein; and
aHAND4 Life!'s Plan Milestones & Events are always perfectly accurate and never change once published. In fact, aH4L! is "Launching" and in "Phase1 Scale-up" in various States throughout the country, so we expect Plan Events & Milestones will NOT become more stable until we are more mature as an Organization in each location. This may yet take YEARS, and until then, we sincerely appreciate your patience! If you wish to help us reach our Plan goals and "stable operations" sooner, please give us you best level of financial support at this time - your help will be greatly appreciated - and we thank you in advance!
14). THAT all
aHAND4 Life! photos presented in various places throughout our website and promotional literature are ACTUAL MEMBERS of this Organization. In fact, many are "disability models" which we have chosen as "representative" of our those we serve. aH4L! has SERIOUS Confidentiality and Privacy concerns to manage, and we appreciate your understanding in advance. Currently the only photo of an actual member, is that of and permitted by our Co-Founder, and Class A Director, with a substantial chronic neuro-muscular disability due to development, Brett E. LeMahieu.
15). THAT all
aHAND4 Life! Nomination, Election, Registration, Application, Membership, Partnership, Sponsorship, Supportership, etc. are the RIGHTS of any one. Rather, aH4L! in its kindness and vision and values and mission, by its Founders hereby this Organization ATTEMPT to provide a noble, equitable, effective, efficient service Organization to address dire needs of a segment of the population that is highly overlooked, and even when "served", is highly "under-served" and "at-risk" of quality of care and support to enable their Constitutional freedoms. Only as provided otherwise by law, only the RIGHTS provided under our Articles, Bylaws, Policies, and performance under executed "Agreements" have any "rights" enforceable under the law; and
16). THAT IN ADDITION TO THE ABOVE, aHAND4 Life! reserves it's right to refuse or cancel Membership, Clientship, Sponsorship, Partnership and refuse or return/refund any (provided) donation(s) from any Individual, Corporation, Company, Organization, etc. where we, in our SOLE DISCRETION determine or learn the law has been broken, or the publicly expressed values and character and image of the donor are not well consistent with our Organization's Culture and Beginnings, Values, Vision, Mission, Articles, Bylaws, Policies, Programs, and are more hurtful than helpful to our Public Service as a US Public Charity and Non-Profit Public Benefit Corporation.
17). THAT IN ADDITION TO THE ABOVE, regarding Membership and Donation payments, and service-providers, currently ALL are provided using the securest possible technology as provided by our reputable payment services provider, Paypal. All Paypal Policies therefore apply, firstly. We believe Paypal is among the leading online financial transaction processing companies available. IN ANY CASE, IN NO CASE does aHAND4 ® Life!'s accept any responsibility for any issues regarding missed Dues payments, any overcharges, any unauthorized charges, etc.. Paypal is a "third-party" and we have no control over their operations. We will, however, upon written request of the financial "donee or member", comply with all reasonable requests for information leading to resolution and answer of questions related to such financial transactions. Again please note, ALL Donations and Membership Dues are FINAL, and NON-RFFUNDABLE.
18). THAT IN ADDITION TO THE ABOVE, ALL LEGAL OR FINANCIAL LIABILITY afforded
aHAND4 ® Life! because our Services (& THINGS!) DUE TO THE FACT THAT OUR SERVICES (& THINGS!) ARE NOT AVAILABLE TO GENERAL PUBLIC - such ARE DULY PROVIDED IN ACCORDANCE WITH EXPLICIT WRITTEN AGREEMENTS (MEMBERSHIP, CLIENTSHIP, "YOUR Life Plan!", etc.), by people serving this Organization under due other executed written Agreements (i.e. "Employment", "Directorship", "Membership", etc. Our Organization is foremost a MEMBERSHIP Corporation as stated. As well, VIP!s are required under their Service Agreements, to ALSO have a "YOUR Life Plan!" which defines the SPECIFIC Services, Goals, Needs, etc. (or EQUIVALENT as executed with the State Authorizing (Funds) Agency); and
NOTE 1 (as referenced by Item Numbers above):
aH4L! requires "MUTUAL INDEMNIFICATION" in all our Operating Agreements with ANY PARTY, AND with DISPUTE RESOLUTION according to BINDING ARBITRATION (UNDER JAMS Santa Monica, with Optional Rule invoked "Expedited Arbitration Procedures" - i.e. "Waiver of a Jury Trial") So all our Agreements with our Directors, Advisors, Executives, Managers, Employees, Subcontractors, Suppliers, Members, Clients, Partners, etc contain a CLAUSE AFFIRMING EACH WILL HOLD ALL THE OTHER PARTIES (including aH4L!) HARMLESS IN ALL REGARDS FOR ANY RESULT (whether "injurious", "damaging" or otherwise") DUE TO any REASONABLE, DULY APPROPRIATE ACTION, INACTION, DECISION OR DERIVATIVE CONSEQUENCE, WHEN EACH Party ACTS APPROPRIATELY & RESPONSIBLY with aH4L!, AS FOLLOWS: a) in accordance with our expressed written Values, Mission, Articles, Bylaws, Policies, the law, and then, our duly executed Agreements (Employment, Service, Membership, etc.), and with any addendums and attachments thereof; and b) AS "DULY AUTHORIZED" with and by the "responsible parties" under such Agreements, as per the written Duties, Responsibilities, Roles, "deliverables", and to any WRITTEN Goals, Plans, Action Items, etc.; and c) WHEN PERFORMED WITH due, reasonable, ordinary care and diligence, according to established Qualifications and Training which is accepted "as sufficient" (i.e. "Best Practices", and NOT with "gross negligence").
Our business philosophy for Service here is very simple - We EXPECT all Parties to ACT FULLY RESPONSIBLY FOR THEIR OWN ACTIONS, as is REASONABLE TO DO, BUT WE ALL ACKNOWLEDGE "ACCIDENTS CAN HAPPEN" in life, "thru no fault", "rarely", when engaged in important Operations as we state we are involved with. We will thereby, maintain reasonable, limited Liability Insurance for such Accidents where "NO gross negligence" is found to be involved though our required "Binding Arbitration Process for Complain resolution". Further, we require in all our Agreements, that ALL PARTIES carry DUE INSURANCE (Personal Liability, Accident, Health, and the like), AS APPROPRIATE for their role and responsibility, and of significant finanical limit to reasonably protect against potential "damages" for "reasonable accidents" associated with our activities. We EXPECT such occurrences will be EXTREMELY RARE, given our Qualifications and precautions, AND OTHERWISE, we will actively defend ourselves against what we will consider "frivolous settlements", which we understand is commonly known to be a "strategy for economic gain of very select, small group of individuals, including mainly the attorneys involved", which is value highly CONTRARY to the Values and Mission of this Organization, its Founders, Directors, Executive Management, Members, Clients etc. and anyone who executes an Agreement with aH4L!
In the situation where "gross negligence" is established, 1) firstly we affirm that "gross negligence" is NEVER "acceptable" under the law, but also 2) is often difficult to prevent altogether due to the ability for of people for "independent action", and 3) that we take many, prudent measures to screen Employees, VIP!s, Suppliers, Subcontractors and TRAIN all involved. However, IN SUCH CASE of reported "gross negligence", WE WILL INVESTIGATE with promptness and diligence, and take appropriate action by our Policies which may include TERMINATION of the Involved Party(s), and their Agreements with aH4L!, WITHOUT RECIPROCATION, AND we will implement appropriate, effective Corrections, Corrective Actions, according to a Corrective Action Plan, and confirm the Effectiveness of such Corrective Action. In the case where Arbitration action is sought by either Party involved (offended or the offender), WE WILL RELY ON THE SOLE, BINDING DECISION of the Arbitrator to assess according to the reasonable, due force of the law may, what damage ought to be awarded to the party so-injured or damaged by the other Party(s); though we note we REQUIRE in all our Agreements that NO PUNITIVE Damages may be sought or awarded in such "determination" by the Arbitrator; and* We note, our Bylaws are not a public Document, nor are they required to be by the State of California. We affirm however, that our published Policies herein (of this entire website) are consistent with (comply) with our Bylaws, for the items in reference (i.e. we do not reference many internal requirements of the Organization which do not affect how we interact with our VIP!s, Members, Clients, Stakeholders etc. (i.e. "the Public"). We note however, many of those items ARE however yet included in other, appropriate, private Documents as: Service Agreements, Employee Agreements, Supplier Agreements, etc. Please know, we are a highly diligent Organization with regard to Quality and Regulatory compliance.