This Access Device Agreement is by and between FirstService Residential Austin and the Property Owner whose address is listed below and is as follows:
In consideration of Property Owner's promise to perform their obligation under this Agreement, the Manager is providing the Property Owner with a Remote Access Device ('RAD').
The RAD is to be used by Property Owner within the Community (as defined below). The Manager and/or Association reserve the right to deactivate the RAD without notice for the following reasons:
1. Property Owner allows unauthorized person to use the RAD
2. Property Owner violates community restrictions or fails to pay assessments within sixty days of due date
Property Owner shall retain possession of the RAD until they no longer own property within the Community or until the Manager or Association requests return of the RAD. The Manager and/or Association shall have the absolute right to request return of the RAD at any time. A replacement RAD may be purchased from Manager in accordance with the community's policies for a non-refundable fee of $35.00 which includes applicable tax and shipping. This price may be subject to change without prior notice.
Property Owner agrees to notify Manager in the event that the RAD is lost, stolen, or inoperable. Upon timely notification to the Manager, the device will be deactivated and a new device may be issued at the then current convenience fee. A RAD may be returned for refund to Manager within thirty days of purchase only if there are no clear signs of physical damage to the device. Beyond thirty days from date of sale, no refunds will be issued.
Property Owner acknowledges that RAD devices are for the convenience of use of the common area facilities and Manager shall not be held responsible or liable for the actual operation or lack thereof of any RAD.
All devices purchased from the management office shall be subject to a thirty day warranty from date of purchase. No refunds or exchanges will be honored beyond thirty days from date of purchase.
COVID-19 FACILITIES RIDER AND RELEASE AGREEMENT:
I, for myself, and any minor identified
below, agree to the following as a supplement to any other agreements required
to access, reserve, rent, or use facilities:
1. Use of Community Facilities: I agree
that entry upon or use of any property owned, managed, or controlled by my
Homeowner Association including any common area property, amenities, or
recreational facilities (the Property) is at my own risk. I further agree to
follow all of the Association rules and policies while at the Property.
2. COVID-19 Orders, Rules, and Guidance:
I acknowledge that orders, rules, and guidance provided by governmental
agencies and the Centers for Disease Control provide recommendations and
mandatory rules that require, among other things: (1) social distancing; (2)
occupancy limit enforcement; (3) cleaning and disinfection; (4) restricted
entry of facilities by persons who have COVID-19 symptoms or have been
diagnosed with COVID-19; and (5) other requirement specific to certain activities
or facilities.
3. Responsibility for Management: I acknowledge that I am
responsible for compliance with any Regulatory Requirements and enforcing
compliance by users or guests during my period of use of the Property. I
acknowledge that I am also responsible for cleaning and disinfecting high touch
surfaces and any equipment used both before and after my period of use (at the
commencement of my use of the Property and at the time I depart the premises).
4. Release: I, on my own behalf and any minor identified below,
agree to hold harmless and release the Association, and its agents, employees,
managers, directors, officers, and representatives, from any and all claims,
causes of action, injury or illness, including infection due to COVID-19, arising
out of or relating in any way to my entry upon or use of Property.
On behalf of any minor(s) identified below, I represent that I am a legal guardian, and all releases and acknowledgements provided herein shall apply to the minor(s).
For any questions, please contact [email protected].
