Douglass - Annual Membership Agreement


Property to be Maintained:

 

      

 

MEMBER(s) Information:

 

 

        

 

 

Emergency Contact:

 

Insurance Company:

 

FEE FOR ANNUAL MAINTENANCE:  $2,000 (includes NJ Sales Tax)

 

MEMBERSHIP AGREEMENT

This Membership Agreement (the “Membership Agreement) is made and entered in this , by and between , (“Member”), and Newbury Franklin Home Services LLC dba Douglass Property Services (“DPS”).

WHEREAS, Member is the owner of the property located at (the “Property”);

WHEREAS, DPS offers property maintenance services to its Members; and

WHEREAS, Member desires to engage DPS to perform, from time to time, certain maintenance services at the Property.

  1. Engagement and Grant of Authority. The Member hereby retains DPS, and DPS agrees to perform the Services (as particularly defined on Schedule A to this Membership Agreement). The Member grants DPS full authority and power to perform its duties and responsibilities for the Services under this Membership Agreement. The Member acknowledges that DPS and its employees, agents, representatives and subcontractors are entitled to access your Property, with or without notice, in connection with the provision of the Services, for safety or emergency purposes or for any other purposes. The Services may be provided by us, an affiliate or a third party.
  2. Maintenance Work and Fees. For the Services rendered hereunder, Member shall pay DPS the monthly fees detailed on Schedule A Member shall also pay all third-party expenses incurred by DPS in connection with performance of the Services. Member agrees to pay DPS on a monthly basis in full within seven (7) days of the billing date. Member further agrees to pay interest at 1.5% per month on balances more than thirty (30) days overdue.
  3. Additional Work and Fees. In the event that the Member requests DPS to undertake work outside of the Services detailed on Schedule A hereto, and DPS agrees to perform such additional work detailed on Schedule B, Member shall reimburse DPS, in addition to any third-party expenses incurred by DPS in connection with the performance of such additional duties. In the event that the Member requests services from DPS that are not included on Schedule A or Schedule B hereto, the parties shall agree in writing on the rates for such additional services in advance of DPS performing any such services.
  4. Form of Payment. DPS accepts payment of all amounts specified in this Membership Agreement solely by the methods we communicate to you during the membership sign up process or from time to time during the term of this Membership Agreement. You are required to inform us promptly of any changes to your payment information. For information on canceling your subscription, please reach out to info@yourhomeconcierge.com.
  5. Liability of DPS. Member hereby agrees to hold DPS harmless and indemnify DPS from any and all claims, charges, debts, demands and lawsuits, including attorney’s fees related to the maintenance of the Property, and from any liability for injury on or about the Property which may be suffered by any employee, tenant, or guest upon the Property, except that Member does not so release or indemnify DPS from such liability to the extent such damage or injury was proximately caused by DPS’s willful misconduct, or DPS’s failure to perform an obligation expressly undertaken by DPS pursuant to this Membership Agreement after a reasonable period of time shall have lapsed following receipt of written notice from Member to so perform such obligation.
  6. Term and Termination. This Membership Agreement shall expire after 12 months and shall automatically be renewed and extended for successive 12-month periods thereafter. This Membership Agreement may be terminated by either party for any reason upon thirty (30) days’ written notice to the non-terminating party. This Membership Agreement may also be terminated by mutual agreement of the parties at any time. Upon termination of this Membership Agreement, Member shall immediately pay all fees and expenses due to DPS under the then current term of the Membership Agreement.
  7. Entire Agreement. This document represents the entire agreement between the parties hereto.
  8. Amendment. This Membership Agreement and the schedules hereto may only be modified in writing signed by authorized representatives of Member and DPS.
  9. Severability. If any provision of this Membership Agreement shall be deemed invalid or unenforceable, the remainder of this Membership Agreement shall remain in full force and effect.
  10. Counterparts; Electronic Signatures. By electronically signing this Membership Agreement below, you or your company is entering into legally binding agreement and agree to all of the terms herein.  Please download and read carefully prior to signing.  This Membership Agreement will be effective when signed by both parties.
  11. Governing Law and Venue. THIS MEMBERSHIP AGREEMENT AND ANY CLAIM, COUNTERCLAIM OR DISPUTE OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT (“CLAIM”), DIRECTLY OR INDIRECTLY, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE.  EXCEPT AS SET FORTH BELOW, NO CLAIM MAY BE COMMENCED, PROSECUTED OR CONTINUED IN ANY COURT OTHER THAN THE COURTS OF THE STATE OF DELAWARE, WHICH COURTS SHALL HAVE EXCLUSIVE JURISDICTION OVER THE ADJUDICATION OF SUCH MATTERS, AND THE PARTIES EACH CONSENTS TO THE JURISDICTION OF SUCH COURTS AND PERSONAL SERVICE WITH RESPECT THERETO.  THE PARTIES EACH HEREBY CONSENTS TO PERSONAL JURISDICTION, SERVICE AND VENUE IN ANY COURT IN WHICH ANY CLAIM ARISING OUT OF OR IN ANY WAY RELATING TO THIS MEMBERSHIP AGREEMENT IS BROUGHT BY ANY THIRD PARTY AGAINST ANY PARTY.  EACH OF THE PARTIES WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY PROCEEDING OR COUNTERCLAIM (WHETHER BASED UPON CONTRACT, TORT OR OTHERWISE) IN ANY WAY ARISING OUT OF OR RELATING TO THIS MEMBERSHIP AGREEMENT.  THE PARTIES EACH AGREES THAT A FINAL NON-APPEALABLE JUDGMENT IN ANY SUCH PROCEEDING OR COUNTERCLAIM BROUGHT IN ANY SUCH COURT SHALL BE CONCLUSIVE AND BINDING UPON IT AND MAY BE ENFORCED IN ANY OTHER COURTS TO THE JURISDICTION OF WHICH IT IS OR MAY BE SUBJECT, BY SUIT UPON SUCH JUDGMENT.
  12. Severability. Each provision of this Membership Agreement shall be severable from every other provision for the purpose of determining the legal enforceability of any specific provision.

 

SCHEDULE A

Member shall pay to DPS a monthly fee of $166.67 for performance of the following services:

  • ANNUAL INSPECTION:
    The property is inspected annually to determine current maintenance condition. The results of the inspection and recommendations for the following year's maintenance shall be provided in a written report.
  • OFFSEASON WEEKLY INSPECTION:
    Heating, cooling, plumbing, electric, storm damage, water damage, forcible entry, and vandalism.
  • DAILY INSPECTION / SUB 25 DEGREE TEMPERATURES:
    The property is inspected daily when temperature maintains sub temperatures of 25 degrees F.
  • SEVERE WEATHER INSPECTION:
    In the event of severe wind, rain, flood or storm, property is inspected.
  • DISCOUNTED OVERHEAD AND PROFIT:
    Discounted overhead and profit on billable work performed. (Overhead and Profit of 20% will be added to costs other than labor, in lieu of the standard 28% on all costs).
  • TRASH REMOVAL:
    Per request, put trash and recyclables out to curb on scheduled dates.
  • OPEN UP AND CLOSE-DOWN SERVICES:
    Survey services required to open your home in the spring and close down your home in the fall.
  • MEMBERS ONLY PHONE NUMBER:
    Access to 24/7 Members only Phone Number.

 

SCHEDULE B

Additional Work and Services

ACTUAL WORK PERFORMED ON AN "AS NEEDED" BASIS AND BILLED ON A TIME AND MATERIAL BASIS:

  1. Emergency clean up or repairs in the event of storm or vandalism.
  2. 24 hour "ON CALL" availability for alarm signals such as burglary, fire or heat loss.
  3. 24 hour "ON CALL" availability for emergency repairs.
  4. Meet with insurance adjuster in the event of loss. Preparation of repair estimate, according to insurance company format.
  5. Available to meet and give access to delivery people or any other person as directed by Member(s).
  6. Available for preparation of property in the event of hurricane or severe weather forecast.
  7. Performance of all regularly scheduled maintenance, as noted in the inspection report, and any additionally approved maintenance and/or repairs.

 

IN WITNESS WHEREOF, the parties hereto execute this Membership Agreement on the date first above written.

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Signed by Jason Mangone
Signed On: September 13, 2022


Signature Certificate
Document name: Douglass - Annual Membership Agreement
lock iconUnique Document ID: 60e4f6a0d383992c263c27de6dbb076babf589f1
Timestamp Audit
March 22, 2022 12:49 pm ESTDouglass - Annual Membership Agreement Uploaded by Jason Mangone - jason@newburyfranklin.com IP 185.202.220.76
March 22, 2022 12:55 pm ESTTom Sietsema - tom@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 174.59.232.4
March 22, 2022 12:55 pm ESTSarah Sweeney - sarah.s@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 174.59.232.4
March 22, 2022 12:55 pm ESTBrett Douglass - brett@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 174.59.232.4
March 22, 2022 12:55 pm ESTTaylor Brittain - taylor@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 174.59.232.4
June 1, 2022 10:28 pm ESTTom Sietsema - tom@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 1, 2022 10:28 pm ESTSarah Sweeney - sarah.s@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 1, 2022 10:28 pm ESTBrett Douglass - brett@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 1, 2022 10:29 pm ESTTaylor Brittain - taylor@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 9:58 pm ESTTom Sietsema - tom@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 9:58 pm ESTSarah Sweeney - sarah.s@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 9:58 pm ESTBrett Douglass - brett@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 9:58 pm ESTTaylor Brittain - taylor@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:01 pm ESTTom Sietsema - tom@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:01 pm ESTSarah Sweeney - sarah.s@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:01 pm ESTBrett Douglass - brett@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:01 pm ESTTaylor Brittain - taylor@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:06 pm ESTTom Sietsema - tom@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:06 pm ESTSarah Sweeney - sarah.s@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:06 pm ESTBrett Douglass - brett@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
June 2, 2022 10:06 pm ESTTaylor Brittain - taylor@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 73.195.255.18
September 13, 2022 10:30 pm ESTTom Sietsema - tom@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 185.202.220.76
September 13, 2022 10:30 pm ESTSarah Sweeney - sarah.s@newburyfranklin.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 185.202.220.76
September 13, 2022 10:30 pm ESTBrett Douglass - brett@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 185.202.220.76
September 13, 2022 10:30 pm ESTTaylor Brittain - taylor@yourhomeconcierge.com added by Jason Mangone - jason@newburyfranklin.com as a CC'd Recipient Ip: 185.202.220.76