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Marshside Maintenance Home Watch Membership

Property to be Maintained:

MEMBER(s) Information:

Emergency Contact:

Insurance Company:

FEE FOR ANNUAL MAINTENANCE: $200 per month (plus 6% SC/Beaufort County Sales Tax)

I agree to the yearly Annual Agreement , for the period covering Start Date & End Date , and to be auto-renewed for successive terms every year with the same "Start Date" and "End Date" as per Paragraph 6 of the "Membership Agreement" below.

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 Marshside Maintenance (“MARSH”).

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

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

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

Engagement and Grant of Authority. The Member hereby retains MARSH, and MARSH agrees to perform the Services (as particularly defined on Schedule A to this Membership Agreement). The Member grants MARSH full authority and power to perform its duties and responsibilities for the Services under this Membership Agreement. The Member acknowledges that MARSH 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.
Maintenance Work and Fees. For the Services rendered hereunder, Member shall pay MARSH the monthly fees detailed on Schedule A hereto. Member shall also pay all third-party expenses incurred by MARSH in connection with performance of the Services. Member agrees to pay MARSH 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.
Additional Work and Fees. In the event that the Member requests MARSH to undertake work outside of the Services detailed on Schedule A hereto, and MARSH agrees to perform such additional work detailed on Schedule B, Member shall reimburse MARSH, in addition to any third-party expenses incurred by MARSH in connection with the performance of such additional duties. In the event that the Member requests services from MARSH 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 MARSH performing any such services.
Form of Payment. MARSH 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.
Liability of MARSH. Member hereby agrees to hold MARSH harmless and indemnify MARSH 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 of the Member upon the Property, except that Member does not so release or indemnify MARSH from such liability to the extent such damage or injury was proximately caused by MARSH's willful misconduct, or MARSH’s failure to perform an obligation expressly undertaken by MARSH 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.
Auto-renewal, Term and Termination. This Membership Agreement shall expire after the "End Date" listed above, and shall be automatically renewed and extended each following year with the same "Start Date" and "End Date". Member shall be notified of their pending auto-renewal at both 30 and 15 days prior to the "End Date". 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 MARSH under the current term of the Membership Agreement.
Entire Agreement. This document represents the entire agreement between the parties hereto.
Amendment. This Membership Agreement and the schedules hereto may only be modified in writing signed by authorized representatives of Member and MARSH.
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.
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.
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.
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 Marshside Maintenance a monthly fee of $200 (plus 6% SC/Beaufort County Sales Tax) for performance of the following services:

Weekly house check
Detailed weekly report and photos
Concierge maintenance services
“Open-up” survey in the spring and “close-down” survey in the fall
Access to 24/7 members-only phone hotline
Reduced management fees during the months membership is active
Daily house check during extreme weatherDisclaimer: Service materials such as light bulbs, batteries, water softener salt, and HVAC filters are not included in membership fee but can be provided for market price + 20%

SCHEDULE B

Additional Work and Services

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

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

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

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Signed by Christian Ruf
Signed On: November 2, 2022

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October 27, 2022 12:33 pm EDT

Marshside Maintenance Home Watch Membership Uploaded by Christian Ruf - Christian@marshsidemaintenance.com IP 108.6.233.113

October 27, 2022 12:49 pm EDT