For the purposes of the following conditions, the term “Client” is defined as the owner of the property who has solicited Friend of the Family Services LLC for the purpose of providing property management services.
Section 1: Scope of Services & Access
1.1 Service Scope & Limitations
- Friend of the Family Services LLC provides visual inspections of accessible areas only.
- We do not perform engineering, structural, architectural, or specialized technical diagnostics.
1.2 Authorization & Keyholder Access
- The Client grants Friend of the Family Services LLC full authorization to enter the property and act as a keyholder.
- The Client must provide working keys, security codes, and gate clickers prior to the start of service.
Section 2: Financial Terms & Billing
2.1 Billing & Automatic Payments
- Monthly package fees are billed in advance on the 1st of each month.
- Payments are automatically processed via the Client's authorized credit card payment method on file, unless other payment methods have been arranged.
- On Demand services will be invoiced and payable upon completion of each service.
2.2 Occupied Months Holding Fee
- To maintain priority status, emergency availability, and secure key storage during months the home is occupied, the Client agrees to pay a $50/month holding fee during those months (if applicable).
Section 3: Third-Party Vendors & Emergencies
3.1 Third-Party Vendor Payments
- The Client directly hires and is responsible for direct payment to all third-party service providers (e.g., plumbers, HVAC technicians, electricians) directly.
- Friend of the Family Services LLC will not be responsible for paying Client’s service providers unless specific arrangements have been made and funds have been provided to Friend of the Family Services LLC for said services in advance.
3.2 Third-Party Service Providers & Keyholding
- 3.2.1 Independent Parties: All repair, maintenance, construction, and cleaning personnel are independent contractors hired directly by the Client and are not employees, agents, or subcontractors of Friend of the Family Services LLC.
- 3.2.2 Oversight Limitations: Friend of the Family Services LLC’s role regarding service providers is strictly limited to unlocking the door (Keyholding) and remaining physically present on-site.
- 3.2.3 No Supervisory Control: Friend of the Family Services LLC does not direct, manage, inspect, or control the methods, tools, or workmanship of third-party providers.
- 3.2.4 Workmanship Disclaimer: Friend of the Family Services LLC assumes zero liability for property damage, theft, incomplete work, or defects caused by third-party providers. The Client must pursue claims directly against the service provider's bond or insurance.
3.3 Emergency Authorization Limit
- In emergencies threatening immediate property damage (e.g., burst pipes), Friend of the Family Services LLC will attempt to contact the Client first.
- If unreachable, the Client authorizes Friend of the Family Services LLC to approve emergency repairs up to $500 on their behalf.
Section 4: Legal Relationship & Agreement Duration
4.1 Independent Contractor Status
- Friend of the Family Services LLC operates strictly as an independent contractor.
- No employer-employee relationship, partnership, or joint venture is created by this agreement.
4.2 Termination Clause
- Either party may terminate the service relationship at any time with a 30-day written notice.
- Unused, prepaid fees for the remaining portion of that 30-day window are non-refundable.
Section 5: Liability, Insurance & Indemnification
5.1 Limitation of Liability & Insurance Requirements
- 5.1.1 No Insurer Status: Friend of the Family Services LLC provides a visual monitoring service and does not act as an insurer of the Property, its structures, or its contents.
- 5.1.2 Mandatory Primary Coverage: The Client must maintain active, primary homeowner’s property and general liability insurance policies covering the full value of the estate and personal property.
- 5.1.3 Waiver of Subrogation: The Client hereby waives all rights of subrogation against Friend of the Family Services LLC for any loss covered by insurance.
- 5.1.4 Cap on Damages: Friend of the Family Services LLC’s maximum aggregate liability for any claims, losses, or damages arising from ordinary negligence or breach of contract is strictly limited to the total fees actually paid by the Client to the Friend of the Family Services LLC during the preceding 12 months.
- 5.1.5 Exclusion of Consequential Losses: In no event shall Friend of the Family Services LLC be liable for indirect, special, incidental, or consequential damages, including loss of use or property value depreciation.
5.2 Indemnification & Hold Harmless
- 5.2.1 Scope of Indemnity: To the fullest extent permitted by Connecticut and New York law, the Client agrees to indemnify, defend, and hold harmless the Friend of the Family Services LLC and its employees from any third-party claims, lawsuits, damages, or losses.
- 5.2.2 Included Expenses: This obligation includes paying all reasonable attorney’s fees, expert witness fees, and legal costs from the inception of any claim.
- 5.2.3 Exceptions for Gross Negligence: This indemnification applies to all claims except those directly resulting from the gross negligence or willful misconduct of the Friend of the Family Services LLC, as determined by a final court judgment.