1. Scope and Provisioning of Home Watch Services.

Ivy Links Home Watch shall provide Client with Home Watch Services included in the Proposal at the property identified therein (“Property”) in accordance with the terms and conditions set forth in the Agreement.  For the avoidance of doubt, Home Watch Services consist solely of periodic visual, non-invasive inspections and limited operational checks of the Property and its readily accessible systems and components. The Home Watch Services are intended to observe and report visible conditions at the time of service only. Client acknowledges that: (a) Home Watch Services do not include legal or real estate brokerage services, and are not a home inspection, engineering evaluation, or guarantee of the condition of the Property; (b) Ivy Links Home Watch does not dismantle, move, or otherwise access concealed areas; and (c) conditions may arise, change, or worsen between scheduled visits.  Home Watch Services will be scheduled by Ivy Links Home Watch at its convenience, unless set forth otherwise in the Proposal.

2. Authorizations & Client Responsibilities.
   • Client authorizes Ivy Links Home Watch to enter the Property to provide Home Watch Services as described in the Proposal.
   • Client shall provide Ivy Links Home Watch and its representatives access to the Property to accomplish the Home Watch Services. This responsibility includes providing keys, access codes, alarm instructions, HOA authorizations and any other necessary entry permissions. 
   • Client shall provide accurate and complete information regarding the condition of the Property, including any known defects, leaks, system malfunctions, prior damage, pest activity, mold or moisture conditions, or other hazards. Client acknowledges that failure to disclose known conditions may limit Ivy Links Home Watch’s ability to identify or report issues.
   • Client shall maintain adequate homeowner’s insurance coverage for the Property, including coverage for water damage, storm damage, mold, theft, and other risks. Client acknowledges that Ivy Links Home Watch is not an insurer and does not provide insurance coverage.
   • Client is responsible for the general maintenance and condition of the Property, including all structural components, systems, appliances, landscaping, drainage, and pest control. Ivy Links Home Watch is not responsible for maintenance or repairs unless expressly agreed in writing.
   • Client shall ensure that all necessary utilities servicing the Property, including water, electricity, and HVAC systems, remain active and in working condition unless otherwise agreed in writing. Client acknowledges that maintaining appropriate HVAC operation is critical in the Florida climate to mitigate humidity, mold, and moisture-related damage, and assumes all risks associated with the failure to do so.
   • Client shall provide at least one reliable emergency contact and shall remain reasonably available to respond to communications regarding the Property. Client acknowledges that failure to respond may result in delays in addressing issues.
   • Client authorizes Ivy Links Home Watch to communicate with and provide access to third-party vendors as necessary. Client acknowledges that such vendors are independent contractors and that Ivy Links Home Watch is not responsible for their acts or omissions.
   • Client shall promptly notify Ivy Links Home Watch of any changes that may affect services, including changes in occupancy, renovations, system modifications, or access information.
   • Client acknowledges and accepts that the Property may be subject to risks beyond the control of Ivy Links Home Watch, including but not limited to water intrusion, plumbing leaks, mold or mildew growth, storm or hurricane damage, pest or animal intrusion, theft, vandalism, and failure of systems or appliances. Client understands that Home Watch Services are limited to periodic observations and reporting and that such conditions may arise or worsen between visits.
   • Client acknowledges that Ivy Links Home Watch does not provide security, alarm monitoring, or protective services. Ivy Links Home Watch is not responsible for preventing theft, vandalism, trespass, or other criminal activity at the Property.

3. Invoicing and Payment.

Home Watch Services are billed in advance on a recurring basis (monthly unless otherwise agreed in writing). Payment for each service period is due prior to the commencement of such period.  Client authorizes Ivy Links Home Watch to charge Client’s designated payment method, including credit card or ACH, for all recurring Home Watch Services and any additional services provided under this Agreement. Unless otherwise agreed by the parties in writing, any additional services requested by Client or performed outside the scope of the Proposal, including but not limited to additional visits, emergency response, vendor coordination, or special services, shall be billed separately and are due upon receipt.  Estimates or Proposals for non-recurring or project-based services in excess of $500.00 may require a fifty percent (50%) deposit at time of acceptance, with the remaining balance due upon completion of such services (any deposits will be credited toward the final balance due). Ivy Links Home Watch accepts payment via check, ACH, or credit card. Payments made by credit card may be subject to a processing fee, which shall be disclosed to Client. Checks shall be made payable to “Joshua Ethan Roberts, LLC.”

4. Late Payment, Billing Disputes, & Failure to Pay.

If payment is not received by Ivy Links Home Watch when due, Ivy Links Home Watch reserves the right to charge a late fee equal to the lesser of the maximum interest rate permitted by law or 1 ½ percent per month on any unpaid balance.  Ivy Links Home Watch charges a $50.00 fee for each returned check, ACH rejection, or declined credit card transaction.  Acceptance of late or partial payments (even if marked “Paid in Full” or with other restrictions) shall not waive any of Ivy Links Home Watch’s rights to collect the full amount of Client’s charges for the service.  Client agrees to reimburse Ivy Links Home Watch for reasonable attorneys’ fees and other costs associated with collecting delinquent or dishonored payments and/or disputed invoices.  Ivy Links Home Watch reserves the right to suspend Home Watch Services in the event of nonpayment or a declined payment method until such time as the account is brought current.

5. Cancelation

This Agreement shall continue on a month-to-month basis unless otherwise agreed by the parties in writing. Client may cancel this Agreement at any time by providing written notice to Ivy Links Home Watch. Cancellation shall be effective at the end of the then-current billing period. Fees for Home Watch Services are billed in advance based on service availability and scheduling and are not subject to proration or refund once a billing period has commenced. Ivy Links Home Watch, in its sole discretion, may terminate this Agreement in whole or in part, at any time, with or without cause, by providing written notice to Client. Ivy Links Home Watch reserves the right to suspend or terminate services immediately in the event of nonpayment, declined payment method, unsafe conditions at the Property, lack of access, or Client’s breach of this Agreement. Upon termination of this Agreement: (i) All outstanding balances shall become immediately due and payable; (ii) Ivy Links Home Watch shall have no further obligation to provide Home Watch Services; and (iii) Client shall coordinate the return or retrieval of any keys, access devices, or other property in the possession of Ivy Links Home Watch.

Ivy Links Home Watch shall not be liable to Client for any compensation, reimbursement, or damages of any kind arising out of or related to the termination or suspension of this Agreement.

6. Additional Home Watch Services.
   • If Client requests and/or receives additional services after the Effective Date which are not contemplated by the initial Proposal, this Agreement or a signed addendum to this Agreement, such additional services will be governed by this Agreement without the requirement of signing a new agreement, addendum, and/or Proposal. Client agrees to pay for such additional services at the price agreed upon by the parties or as provided in an additional proposal.  If no price is provided, Client agrees to pay for such additional services at Ivy Links Home Watch’s then-current rates.
   • Additionally, in the event Ivy Links Home Watch observes a condition at the Property that, in its reasonable judgment, requires immediate action to prevent further damage, protect the Property, or address a safety concern, and Client cannot be contacted within a reasonable time, Client hereby authorizes Ivy Links Home Watch to take such actions as it deems reasonably necessary under the circumstances. Such actions may include, without limitation: (a) contacting emergency services; (b) shutting off water or utilities; and (c) engaging third-party vendors for stabilization or temporary repairs. Client agrees to be solely responsible for all costs incurred in connection with such actions.

7. DISCLAIMER OF ALL

IVY LINKS HOME WATCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE (EVEN IF SUCH PURPOSE OR USE WAS MADE KNOWN), OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE HOME WATCH SERVICES WILL MEET THE CLIENT’S REQUIREMENTS OR THAT THE HOME WATCH SERVICES WILL BE WITHOUT FAILURE OR DELAY, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

8. LIMITATION ON

IVY LINKS HOME WATCH SHALL NOT BE LIABLE TO CLIENT OR TO ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RELATING TO OR ARISING FROM THE HOME WATCH SERVICES.  THE FOREGOING LIMITATION OF LIABILITY INCLUDES, WITHOUT LIMITATION, THE COST OF PROCURING SUBSTITUTE OR REPLACEMENT SERVICES, EQUIPMENT OR COMPONENTS, DAMAGES BASED ON LOSS OF REVENUES, PROFITS, OR BUSINESS OPPORTUNITIES AND SHALL APPLY WHETHER OR NOT IVY LINKS HOME WATCH HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED AND REGARDLESS OF THE LEGAL BASIS, INCLUDING TORT, USED FOR SUCH CLAIM. 

9. LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF IVY LINKS HOME WATCH TO CLIENT FOR ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR HOME WATCH SERVICES EXCEED, IN THE AGGREGATE, THE TOTAL DOLLAR AMOUNT OF SERVICES CONTEMPLATED IN THE PROPOSAL. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF CLIENT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

10. Insurance and Primary Coverage

Client acknowledges and agrees that Client’s homeowner’s insurance policy shall be the primary source of coverage for any loss, damage, or claim arising out of or related to the Property, including but not limited to damage caused by water intrusion, mold, storms, theft, or system failures. Client further agrees that Ivy Links Home Watch is not an insurer and does not provide insurance coverage of any kind. To the fullest extent permitted by law, Client agrees to look first to Client’s homeowner’s insurance for coverage of any such loss or damage before making any claim against Ivy Links Home Watch or its insurance.

11. Dispute Resolution

Client agrees to first attempt to negotiate in good faith to resolve any claim or dispute of Client that in any way concerns this Agreement or the provision of Home Watch Services (collectively or each individually a “Claim”).  Client must send a written description of its Claim to Ivy Links Home Watch by email to PropertiesByJoshua@Gmail.com to start the review process with Ivy Links Home Watch.  A written description must include specific information regarding the precise nature of the Claim, the facts giving rise to such Claim, the desired resolution, and other facts Client deems relevant.  Ivy Links Home Watch shall have forty-five (45) days to investigate and respond to the Claim.  CLIENT AND IVY LINKS HOME WATCH ACKNOWLEDGE AND AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION.

12. Force Majeure

Ivy Links Home Watch shall not be deemed in breach of this Agreement or liable for any failure or delay in the performance of Home Watch Services to the extent caused by events beyond its reasonable control, including but not limited to acts of God; hurricanes, tropical storms, severe weather, flooding, fire, power outages, utility interruptions, governmental actions, or other similar conditions (“Force Majeure Events”). Ivy Links Home Watch shall have no obligation to perform Home Watch Services during any period in which, in its reasonable judgment, conditions at or around the Property are unsafe, hazardous, or impracticable, including during or following storms or other severe weather events. Performance shall be suspended for the duration of any Force Majeure Event and shall resume as soon as reasonably practicable. Such suspension shall not constitute a breach of this Agreement, and Client’s payment obligations under this Agreement shall continue.

13. Service Description.

Statements or descriptions concerning the Home Watch Service or the Agreement, if any, by Ivy Links Home Watch or its employees or others are informational only and do not modify or amend or otherwise change this Agreement.  By signing the Proposal, Client acknowledges that it has not relied on any such statements, promises, or representations, if any, and waives any rights or claims arising therefrom.

14. Modifications.

Except as provided in this section, this Agreement may not be modified or changed except in writing signed by both Client and Ivy Links Home Watch.  Handwritten changes to the Agreement or any Addenda/Amendments thereto by Client shall not bind Ivy Links Home Watch. 

15. Assignment.

Client may not assign any rights under this Agreement without the written consent of Ivy Links Home Watch.  Ivy Links Home Watch may assign the Agreement at any time without notice.  Such assignment by Ivy Links Home Watch shall not invalidate or render void any contract between Ivy Links Home Watch and Customer. This Agreement shall be binding upon the heirs, successors and permitted assigns of the parties and inure to their benefit.  Any attempted assignment in violation of the foregoing restrictions shall be void.

16. Choice of Law.

Florida law governs this Agreement without regard to principles of conflicts of law to the extent such principles or rules would require or permit the application of the laws of any other jurisdiction, and each Party irrevocably submits to the exclusive jurisdiction of the federal courts of the United States of America located in the Middle District of Florida, Tampa Division, or the courts of the state of Florida, located in Sarasota County, Florida, in any suit, action, or proceeding involving this Agreement.

17. No Waiver.

Ivy Links Home Watch’s failure to require or enforce strict performance by Client or any provision of the Agreement or to exercise any right under the Agreement shall not be construed as a waiver or relinquishment of Ivy Links Home Watch’s right to assert or rely upon any such provision or right in that or any other circumstance. 

18. Counterparts & Electronic Signature(s).

The Proposal and/or Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of the Agreement and all of which, when taken together, will be deemed to constitute the same agreement.  The exchange of copies of the Agreement and of signature pages by facsimile or .PDF transmission shall constitute effective execution and delivery of the Agreement as the parties and may be used in lieu of the original Agreement for all purposes.  Signatures of the parties transmitted by facsimile or .PDF shall be deemed to be their original signatures for all purposes.  Signatures and documents electronically transmitted shall be binding and as valid as originals.

19. Severability

If any provision of the Agreement shall be held or made invalid by a court of competent jurisdiction, statute, or rule, or shall be otherwise rendered invalid, the remainder of this Agreement shall not be affected or rendered unenforceable thereby.  

20. Survivability

The provisions of this Agreement that, by their nature and content, must survive the completion, rescission, cancelation, termination, or expiration of the Agreement in order to achieve the fundamental purposes of the Agreement (including, without limitation, those provisions such as dispute resolution, disclaimer of warranties, and limitation of damages/liability), shall so survive and continue.

21. Entire Agreement

The Agreement, including the Proposal constitute the entire agreement concerning the Home Watch Services between the parties and supersede all prior agreements, understandings, statements or proposals concerning the Home Watch Services, including representations, whether written or oral.  The language contained in any purchase order, invoice, acknowledgement form, or other ordering document or communication from Client that is not specifically accepted by an authorized officer of Ivy Links Home Watch in writing shall not vary the Agreement.  The parties hereby waive all such language and agree that any such language shall not be enforceable between the parties.

22. DISCLAIMER

Ivy Links Home Watch is not a law firm or licensed real estate brokerage and does not provide legal services, real estate brokerage services, or professional advisory services. The Home Watch Services are limited solely to visual inspections and reporting of observed conditions at the Property.

Nothing in this Agreement shall be construed as creating an attorney-client relationship, real estate brokerage relationship, or fiduciary relationship beyond the limited scope of services expressly set forth herein. Client acknowledges that no legal advice or real estate advice is being provided in connection with this Agreement.