Last Updated: 2025
This Liability Disclaimer and Waiver of Claims (“Disclaimer”) is issued by BJA Realty Incorporated (“Company,” “we,” “us,” or “our”), a licensed real estate brokerage and consulting firm. This page governs your use of our services, interactions, consultations, contracts, payment arrangements, website, and any other dealings you may have with BJA Realty Incorporated.
By accessing our services, engaging in any agreement, or participating in any business relationship with BJA Realty Incorporated, you agree to be legally bound by the terms set forth below.
1. Scope of Waiver
You, as a client, tenant, customer, contractor, vendor, service recipient, or any other party conducting business with BJA Realty Incorporated, fully and voluntarily waive, release, and discharge BJA Realty Incorporated and its:
- Owners
- Partners
- Shareholders
- Employees
- Independent contractors
- Agents
- Representatives
- Affiliates
from any and all liabilities, claims, demands, lawsuits, complaints, obligations, damages, or legal actions—whether known or unknown, foreseen or unforeseen—arising out of or relating to:
- Real estate transactions, contracts, or consulting;
- Property conditions or defects;
- Vendor, contractor, or repair services performed;
- Payment arrangements, billing, or invoicing disputes;
- Renovation, maintenance, or property improvements;
- Property access or occupancy-related matters;
- Delays, miscommunications, or business decisions made under Company advisement;
- Any matter related to our website, platforms, digital communications, or AI tools.
2. Indemnification
You agree to fully indemnify, defend, and hold harmless BJA Realty Incorporated and its representatives against all claims, liabilities, losses, expenses, damages, and legal fees resulting from your actions or failure to act, or from disputes arising from your participation in any agreement or service.
This includes but is not limited to third-party claims, contractor/vendor disputes, governmental complaints, or internal family/business disputes concerning ownership, payments, or property rights.
3. No Warranties or Guarantees
All services, property conditions, project timelines, vendor recommendations, and business dealings are provided "as is" and "as available."
BJA Realty Incorporated makes no express or implied warranties, including warranties of:
- Habitability
- Merchantability
- Fitness for a particular purpose
- Marketability
- Investment success
- Property income performance
- Zoning or regulatory compliance
All users, tenants, and clients are responsible for conducting their own due diligence and obtaining independent legal, tax, or professional advice where necessary.
4. Limitation of Liability
To the fullest extent permitted by law, BJA Realty Incorporated and its affiliates shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including:
- Loss of profits
- Business interruption
- Property damage
- Contractual loss
- Emotional distress
- Personal injury
- Financial setbacks
In no event shall our total liability exceed the amount paid by you to the Company in the 12 months preceding the event giving rise to the claim.
5. Arbitration & Jurisdiction
You agree that any and all disputes shall be resolved through binding arbitration in Fulton County, Georgia, under the rules of the American Arbitration Association.
You expressly waive your right to file or participate in:
- Class action lawsuits
- Jury trials
- Public legal forums
Any claim must be brought within one (1) year from the date it arises or shall be permanently barred.
6. Acknowledgment
By continuing to use, contract, pay, or correspond with BJA Realty Incorporated, you confirm that you:
- Have read this Disclaimer in full;
- Understand your rights and responsibilities;
- Voluntarily agree to its terms;
- Accept this waiver as a binding condition of service and interaction.
7. Contact Information
For any questions regarding this Disclaimer, please contact:
BJA Realty Incorporated
info@bjarealty.com
404.761.1222
This legal page shall be incorporated by reference into all service agreements, contracts, invoices, consultations, and engagements with BJA Realty Incorporated.