This agreement is entered into by and between While You’re Away of St. George and _______________________(“CLIENT”) to, among other things, define the respective duties and obligations of While You’re Away and of the Client and services While You’re Away is to perform for Client hereunder as described in Schedule “A” to this Agreement.
1. Inspection Reports
While You’re Away reports on the status of the Property to the owner while they are away. Each Property Inspection is documented. This report is generated during the inspection and is provided to the owner at the end of each month after each inspection is completed to supply the owner with the status of their property at the time of the visit. If While You’re Away finds in its inspection cause or the need to notify its client of immediate attention to the status of their home While You’re Away will do so promptly.
It is very important that you/client review the reports each time they are submitted as they identify any problems encountered or unfortunate issues that may have happened. This will give you the opportunity to work with While You’re Away to act on your behalf to minimize any further damages.
2. Approvals and Authorization
Client hereby contracts and agrees with While You’re Away to provide the services stated in this Agreement, and for other rendered services furnished to Client. Client agrees to promptly pay for such services, including but not limited to those specified in contract. Client hereby represents and warrants that: (a) it is the legal and beneficial owner of the property that is the subject of this Agreement, or (b) it has full and complete authorization to enter into this Agreement on behalf of the property owner of said property and (c) it has further full authority to permit home and property access including all gated community access points. Client agrees to inform all home and community security entities of this Agreement to have While You’re Away representatives enter the community and access the property. Client assumes the affirmative duty to furnish true, accurate and complete information concerning said property and existing conditions as are necessary or convenient to While You’re Away performance of its duties hereunder. Client waives any potential claim against While You’re Away for damages which result in whole or in part from its failure to fully disclose and/or to warn While You’re Away about actual or potential hazards or conditions.
The Client hereby agrees to indemnify and hold While You’re Away, its members, managers, officers, shareholders, directors, agents, attorneys, representatives and employees (“INDEMNIFIED PARTIES”) harmless from all liability for injuries to persons or property suffered or sustained by any person whomsoever, including but not limited to all liability, judgments, lawsuits, claims, damages, losses, expenses or insurance subrogation claims which may be asserted against or incurred by an Indemnified Party which is in any manner related to or results from providing the services described herein.
4. Damages or Missing Items
Client hereby waives any potential claims against While You’re Away for damage to its property, for items missing, switched out, lost, damaged or stolen under any circumstances including, including without in any way limiting the generality of the foregoing, damage or loss due to theft, vandalism, negligence of invited or uninvited individuals, acts of nature, etc., excepting only losses which are solely caused by While You’re Away gross negligence or willful misconduct.
5. No Guarantees
Client expressly acknowledges and agrees that the services that are the subject of this Agreement are limited to observation and reporting only. While You’re Away is not responsible for and it does not guarantee against damage to or the condition of the property, including but not limited to damage from water, break‐in, vandalism, negligence, willful misconduct, acts of nature, etc. The purpose of this Agreement is solely for scheduled observation and inspection. If a false alarm occurs While You’re Away shall not be responsible for any resulting expenses or costs.
Either party may terminate this Agreement with 48 (forty eight) hours advance written notice. Client shall pay all fees and other amounts owed to While You’re Away at the time of termination. On termination While You’re Away agrees to return all keys, codes, and any other means of property access to Client.
7. Authorization and Approvals
Client hereby expressly acknowledges, represents and warrants to While You’re Away that:
The information provided by Client and set out in Schedule “A” attached hereto is accurate and complete. Inaccurate or incomplete information therein is the responsibility of the Client and While You’re Away is hereby released from all damages, adequate responsibility and/or liability which in any manner results therefrom. Any additional duties to be performed by While You’re Away shall be specified in a written agreement (addendum) signed by customer and While You’re Away.
By this Agreement Customer hereby grants access by While You’re Away to the Client’s property for property monitoring services, reporting and other services herein described.
In the event While You’re Away furnishes services without receiving a signed addendum or if it determines that additional services need to be performed for the care or protection of Customer’s property or rights, then While You’re Away may at its option provide said services which will be billed to and paid by Client on the same terms and conditions as herein provided for payment of charges and fees.
Client agrees to pay all costs, fees, time and expenses related to an emergency or urgency situation, which will be billed to and paid by Client on the same terms and conditions as herein provided for payment for charges and fees.
8. Service Agreement
This Agreement must be signed by the Client before While You’re Away is obligated to begin to provide services. While You're Away duties are limited to those specified herein or described in the exhibits attached hereto or added by addendum as herein provided.
9. Billing, Late Fees & Attorney Fees
Client will be charged for the services rendered by While You’re Away in advance of furnishing services hereunder with additional billing(s) should While You’re Away perform additional services. Late payments shall be assessed a late fee of ten percent (10%) of the late payment but not less than $25. Dishonored check will be assessed a $25 fee or the fee charged by the bank, whichever is higher. In the event Client fails to perform its obligations hereunder or to pay as agreed Client agrees to pay to While You’re Away its collection fees and expenses together with costs and reasonable attorney fees whether or not a lawsuit is filed.
_____________________________________ Date: ________________________
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While You’re Away, Inc. Representative