Rural Metro Fire Department (hereinafter “Company”) is in the business of furnishing fire services (hereinafter “Services”) to Member(s) who are not provided this type of service by their city, municipality and/or other governmental entity for a Membership Fee. Member desires Company to provide fire services for Member’s property (hereinafter “Property”) and agrees to the following terms:
Services. Company will provide services, including but not limited to, fire response and suppression to Property and emergency medical treatment until an emergency ambulance arrives for transport, if necessary. Ambulance transportation is not covered by this Agreement.
Member Warranty. Member represents and warrants to Company that Member: (i) is fully authorized to sign this Agreement on behalf of the Property owner(s) and does not require anyone else’s consent; (ii) has provided true, accurate and complete information to Company regarding the Property, the Services and this Agreement; and (iii) has no Hazardous Materials as defined herein on the Property.
Company Warranty. Company or its agents warrant that they shall act in good faith and exercise ordinary reasonable care and judgment in the performance of its duties.
DISCLAIMER OF WARRANTY. Member acknowledges that dealing with fire is inherently risky, extremely dangerous, and unpredictable. Company’s ability to suppress the fire and its spread on or about the Property is dependent upon multiple factors nearly all of which are outside of Company’s reasonable control. ACCORDINGLY, AND EXCEPT AS PROVIDED HEREIN, THE COMPANY DOES NOT AND CANNOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, RELATING TO THE SUCCESS OR FAILURE OF ITS SERVICES.
Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS OR SUBCONTRACTORS BE LIABLE TO MEMBER FOR LOST PROFITS, SPECIAL CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Membership Fees. The initial Membership is subject to a Registration Fee, along with a Membership Fee (collectively referred to as “Fees”). Member agrees to pay all fees due immediately upon execution of this Agreement or as otherwise agreed upon by the parties. Except for Member’s Right to Cancel, the Membership Fee is not refundable, for any reason, including annexation. If the Company provides Services and the Member has not paid its outstanding Fees, , Member shall be billed the Company’s standard response rates. In the event Member fails to renew its Membership and then desires to establish service again to the Company’s Services, Member may be charged a Reinstatement Fee in addition to the Membership Fee.
Term, Termination & Modification. The Term of the Agreement is listed herein and shall be automatically renewed for additional term(s) upon Member’s timely payment of the then current Membership Fees. Payment of the Membership Fee shall acknowledge and reaffirm Member’s agreement with the terms of this Agreement and/or any modifications. Company may terminate this Agreement at any time and for any reason. Company may also modify and amend this Agreement, including its rates and/or Services, from time to time.
Member Right to Cancel. Member may request a refund of the Membership Fee within 3 business days of payment. The Registration Fee or Reinstatement Fees are non-refundable.
Property Sales. In the event Member intends to sell the Property, Member shall immediately notify Company of the Buyer’s name, address and phone number and notify the Buyer of this Agreement. In the event Member transfers its ownership in the Property, it is Members’ responsibility to include any remaining balance of the annual Membership Fee in the closing escrow to continue Services to the Property.
Force Majeure. Company shall be excused for failures and delays in performance of its obligations under this Agreement due to any cause beyond its control including without limitation, any act of God, war, riot or insurrection, law of regulation, strike, flood, fire, terrorism, weather conditions, traffic conditions, labor supply, materials availability, roadway(s) and/or facilities, unavailability of water and/or insufficient water pressure. Member acknowledges and understands that natural physical barriers, such as mountains, hills or washes, and limitations of access to Property (which may be caused by steep, narrow or winding roads or driveways, weather conditions, traffic conditions or natural disasters), may impede, affect or block Company’s efforts to provide Services and/or ability to utilize some or all of its equipment or apparatus.
Member Requirements. Member shall properly address the Property (address must be displayed prominently, at least in two-inch numbering, and readily and easily visible 24 hours a day from the street) and provide Company with unfettered access to the Property.
Member Acknowledgements. Member understands that response time for emergency calls varies depending on the distance of Property from Company’s fire station, the time of day when he call is made, the occurrence of other emergency activities requiring Company’s response and any Force Majeure conditions present. MEMBER UNDERSTANDS NO SPECIFIC RESPONSE TIME IS PROMISED OR GUARANTEED.
Hazardous Materials. Member acknowledges that this Agreement does not apply to any Services involving hazardous materials on the Property. Member agrees to reimburse Company for all costs and/or expenses incurred by Company in responding to, handling and disposal of “Hazardous Materials” which may include chemicals, dangerous goods, toxic materials, substances and/or waste on the Property.
Legal Fees. In the event either party brings any action in law or equity, arising out of this Agreement, or on account of any breach or default hereof, the prevailing party shall be entitled to receive from the other party reasonable attorney’s fees, costs, and expenses.
Assignment. Except as provided in the Property Sales section above, Member may not assign this Agreement to a third party without the prior written consent of Company, which shall not be unreasonably withheld. Company may assign or subcontract its obligations under this Agreement at any time. This Agreement shall be binding on the permitted successors, assigns, subcontractors or heirs of the parties.
Access to Personal Information. We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Security. The security of your personal information and our Clients’ information is important to us. When you enter sensitive information, such as login credentials and credit card information, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions regarding security on our website, please contact us via ‘contact us’.
Account information. We may disclose your name, property, and membership status with our industry partners for membership verification purposes only.
Service Providers. We use other third parties, such as a credit card processing company, to bill you for services. When you sign up for our services, we will share your personal information only as necessary for the third party to provide that service.
Legal Disclaimer. We reserve the right to disclose your personal information as required by law, such as to comply with a subpoena or similar legal process, and when we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud and/or to comply with a judicial proceeding, court order, or legal process served on our website.
Governing Law. This Agreement is subject to and governed according to the laws of the State in which the Property is located, regardless of whether the Member is or may become a resident/citizen of another state of Country.
Entire Agreement. This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any previous agreements or understandings, whether oral or written, between the parties.