Check telephone line for alarm transmission availability.
Please select which service you prefer by placing an "X" next to your choice. Either party may cancel the Agreement with 30-day written notice to the other party with or without cause.
Subscriber agrees to pay the Association the sum per month that is associated with the size of their home (pro-rated for any portion of a month in which service is provided) for the services provided by the Association pursuant to this Agreement. The monthly fee payable to the Association shall be paid by Subscriber quarterly on the first day of each quarter and, at Association's option, such charges may be included in the Subscriber's quarterly assessment statement from the Association. By definition a "Cabin" is a home with 3499 square feet or less and only one building. The monthly House Watch fee for a "Cabin" is $75. An "Estate" is defined as 3500 square feet or larger. The monthly fee for an "Estate" is $100.
If Subscriber fails to pay any amount within thirty (30) days after its due date, fails to perform any of Subscriber's other obligations under this Agreement, or fails to maintain its membership in good standing with the Association (including, without limitation, paying all Association assessments on a timely basis), Subscriber shall be in default under this Agreement, and the Association may, at its option, take any or all of the following actions: (i) terminate this Agreement by written notice to Subscriber in which event the termination shall be effective immediately and shall not be subject to the thirty (30) day notice provision set forth above; or (ii) pursue any right or remedy available to the Association at law or in equity as a result of the Subscriber's breach of this Agreement. Subscriber agrees that any amounts which become due and payable to the Association pursuant to this Agreement shall be secured by the lien power granted to the Association under the Declaration of Covenants, Conditions and Restrictions for Martis Camp (the "CC&Rs"), as amended, and shall be subject to the assessment of late charges, interest, attorneys' fees and collection costs to the same extent and in the same manner as if such amounts were levied by the Association as assessments under the CC&Rs.
Subscriber acknowledges that the Association is providing a general and cursory visual inspection service on a weekly basis and is not an insurer, guarantor, or guardian of Subscriber's property, person, or possessions. Subscriber authorizes the Association to act as agent in Subscriber's absence to use its best efforts to obtain emergency repairs and services, for which Subscriber is responsible. The Association must agree to act as agent in such instance. Subscriber assumes responsibility for adequately insuring the property, house and garage and contents for damages and losses and other liabilities which may be incurred as a result of fire, theft, vandalism, flooding, snow, freezing, wind, or other similar events or occurrences. Subscriber must maintain snow removal to facilitate inspection. If subscriber fails to maintain snow removal the Association will not be able to conduct inspections per this contract.
Subscriber acknowledges and agrees that the amounts payable by Subscriber under this Agreement are based upon the cost of the services offered and not the value of Subscriber's interest being protected or the value of the property or persons located on Subscriber's homesite. Subscriber further acknowledges and agrees that the Association makes no representation, express or implied, that the services to be provided by the Association pursuant to this Agreement will prevent any loss or damage to Subscriber's property in Martis Camp or lessen or prevent any personal injury (including death). Subscriber agrees to give written notice to the Association within thirty (30) days following the date of any occurrence which may give rise to a claim or potential claim by Subscriber against the Association arising out of or relating to this Agreement or the Association's performance or nonperformance of its obligations under this Agreement. Such notice shall contain information as to the time, place, nature and extent of the claim. Subscriber further agrees that no action, suit or proceeding to recover for any claim or potential claim arising out of or relating to this Agreement or the Association's performance on nonperformance of its obligations under this Agreement shall be brought against the Association by Subscriber unless (i) written notice of the claim was given to the Association in the manner and within the time provided for this Agreement, and (ii) such action, suit or proceeding is instituted within twelve (12) months following the date of the occurrence giving rise to such claim. Time is of the essence for this paragraph.
Association and Subscriber acknowledge and agree that it would be impractical and extremely difficult to fix the actual damage, if any, that may result from the performance or nonperformance by the Association of its obligations to Subscriber under this Agreement because of, among other things: (i) the uncertain amount of the value of Subscriber's property or the property of others kept on Subscriber's homesite which may be lost, stolen, destroyed, damaged or otherwise affected by the occurrences which the alarm monitoring system is designed to detect or advert; (ii) the uncertainty of the response time of any emergency response (e.g., police, fire, medical, etc.) or other authorities or agencies; (iii) the difficult in ascertaining what portion, if any, of any loss would be proximately caused by the Association's failure to perform its obligations under this Agreement; and (iv) the nature of the services to be performed by the Association pursuant to this Agreement. Accordingly, Subscriber and Association acknowledge and agree that in the event of any breach of this Agreement by the Association or any negligence or gross negligence by the Association in the performance of the services under this Agreement, Subscriber's sole and exclusive remedy shall be to receive payment from the Association of a sum equal to the total of six (6) monthly payments payable by Subscriber to the Association, as liquidated damages (agreed damages) and not as a penalty, which amount the Association and Subscriber agree is a reasonable estimate of the loss or damage that would be sustained by Subscriber as a result of any negligence, gross negligence, breach of contract, or nonperformance by the Association.
Subscriber agrees to release, defend, indemnify and hold the Association, Martis Camp Club, and their directors, officers, employees, managers, agents and contractors harmless for, from and against any and all claims, demands, liabilities, lawsuits, losses, damages, attorney's fees, costs or expenses arising from or related to any act or omission of the Association pertaining to the performance or nonperformance by the Association of its obligations or services under this Agreement, including, without limitation, Subscriber's insurance or bonding companies' claims or losses, damage or loss to Subscriber's property, and any personal injury (including, without limitation, death), suffered at Subscriber's property.
Code you would like the gatehouse to use.