House Watch Agreement

House Watch Agreement

  • The Martis Camp Community Association, a California nonprofit mutual benefit corporation (the “Association”), agrees to provide a weekly house check of the Martis Camp homesite of the undersigned Subscriber (“Subscriber”) for the indicated term. Subscriber agrees to all the terms and conditions of this Martis Camp Security House Watch Agreement (the “Agreement”) and further agrees to provide the Association with a key to the residence, an access code for any security alarm and any other information necessary or expedient for the Association to provide the services. Subscriber and Association agree as follows:


    The “services” under this Agreement are limited exclusively to performing the following once a week or as applicable (e.g., house key management performed as requested by Subscriber): Inspection:
    • General visual inspection of interior and exterior home and property.
    • General security checks of garage and all house doors, windows and locks.
    • General check for water leaks or storm or animal damage.
    • Check the water heater for proper setting and pilot light (if accessible).
    • Check faucets for frozen pipes.
    • Check for electrical power.
    • Check telephone line for alarm transmission availability.
    • Pre- and post-inspections following significant events caused by man or Mother Nature.
    House Key Management:
    • House Key Management – secure safe storage of house keys for Subscriber. Services include issuing keys to visiting guests, storing a spare key for the home, providing a key to emergency response crews, and providing access to Subscriber’s agents and contractors performing work at the home. With the exception of providing keys to emergency response crews (police, fire, medical, etc.), the Association will not provide keys except to Subscriber and recipients authorized by Subscriber in writing. Any services under the House Key Management program must be approved in signed instructions to be delivered to the Association by Subscriber.
    • The Association will facilitate access to Subscriber’s vendors/repairmen/contractors upon the written request of Subscriber. Association staff will not stay with the person but will return to the home, conduct an inspection and secure the home after the person checks out at the Gatehouse.
    • Prepare home for Subscriber or guest arrival and inspect home after departure to secure locks or to turn off heat, water or lights (upon Subscriber’s request).
    • Notify Subscriber (or police or fire, if appropriate) of above failures, if any, for follow up instructions (e.g., containing a water leak, detailing storm damage, etc.).
    • Perform special instructions requested by Subscriber and agreed upon by Association in writing, if any.


    Please select which service you prefer by placing an “X” next to your choice. Either party may cancel the Agreement with 30-day written notice to the other party with or without cause.
    1. Subscriber agrees to pay the Association the sum of ($60.00) per month (pro-rated for any portion of a month in which service is provided) for the services provided by the Association pursuant to this Agreement. The monthly fee payable to the Association shall be paid by Subscriber quarterly on the first day of each quarter and, at Association’s option, such charges may be included in the Subscriber’s quarterly assessment statement from the Association.
    2. If Subscriber fails to pay any amount within thirty (30) days after its due date, fails to perform any of Subscriber’s other obligations under this Agreement, or fails to maintain its membership in good standing with the Association (including, without limitation, paying all Association assessments on a timely basis), Subscriber shall be in default under this Agreement, and the Association may, at its option, take any or all of the following actions: (i) terminate this Agreement by written notice to Subscriber in which event the termination shall be effective immediately and shall not be subject to the thirty (30) day notice provision set forth above; or (ii) pursue any right or remedy available to the Association at law or in equity as a result of the Subscriber’s breach of this Agreement. Subscriber agrees that any amounts which become due and payable to the Association pursuant to this Agreement shall be secured by the lien power granted to the Association under the Declaration of Covenants, Conditions and Restrictions for Martis Camp (the “CC&Rs”), as amended, and shall be subject to the assessment of late charges, interest, attorneys’ fees and collection costs to the same extent and in the same manner as if such amounts were levied by the Association as assessments under the CC&Rs.
    3. Subscriber acknowledges that the Association is providing a general and cursory visual inspection service on a weekly basis and is not an insurer, guarantor, or guardian of Subscriber’s property, person, or possessions. Subscriber authorizes the Association to act as agent in Subscriber’s absence to use its best efforts to obtain emergency repairs and services, for which Subscriber is responsible. The Association must agree to act as agent in such instance. Subscriber assumes responsibility for adequately insuring the property, house and garage and contents for damages and losses and other liabilities which may be incurred as a result of fire, theft, vandalism, flooding, snow, freezing, wind, or other similar events or occurrences. Subscriber must maintain snow removal to facilitate inspection. If subscriber fails to maintain snow removal the Association will not be able to conduct inspections per this contract.
    4. Subscriber acknowledges and agrees that the amounts payable by Subscriber under this Agreement are based upon the cost of the services offered and not the value of Subscriber’s interest being protected or the value of the property or persons located on Subscriber’s homesite. Subscriber further acknowledges and agrees that the Association makes no representation, express or implied, that the services to be provided by the Association pursuant to this Agreement will prevent any loss or damage to Subscriber’s property in Martis Camp or lessen or prevent any personal injury (including death). Subscriber agrees to give written notice to the Association within thirty (30) days following the date of any occurrence which may give rise to a claim or potential claim by Subscriber against the Association arising out of or relating to this Agreement or the Association’s performance or nonperformance of its obligations under this Agreement. Such notice shall contain information as to the time, place, nature and extent of the claim. Subscriber further agrees that no action, suit or proceeding to recover for any claim or potential claim arising out of or relating to this Agreement or the Association’s performance on nonperformance of its obligations under this Agreement shall be brought against the Association by Subscriber unless (i) written notice of the claim was given to the Association in the manner and within the time provided for this Agreement, and (ii) such action, suit or proceeding is instituted within twelve (12) months following the date of the occurrence giving rise to such claim. Time is of the essence for this paragraph.
    5. Association and Subscriber acknowledge and agree that it would be impractical and extremely difficult to fix the actual damage, if any, that may result from the performance or nonperformance by the Association of its obligations to Subscriber under this Agreement because of, among other things: (i) the uncertain amount of the value of Subscriber’s property or the property of others kept on Subscriber’s homesite which may be lost, stolen, destroyed, damaged or otherwise affected by the occurrences which the alarm monitoring system is designed to detect or advert; (ii) the uncertainty of the response time of any emergency response (e.g., police, fire, medical, etc.) or other authorities or agencies; (iii) the difficult in ascertaining what portion, if any, of any loss would be proximately caused by the Association’s failure to perform its obligations under this Agreement; and (iv) the nature of the services to be performed by the Association pursuant to this Agreement. Accordingly, Subscriber and Association acknowledge and agree that in the event of any breach of this Agreement by the Association or any negligence or gross negligence by the Association in the performance of the services under this Agreement, Subscriber’s sole and exclusive remedy shall be to receive payment from the Association of a sum equal to the total of six (6) monthly payments payable by Subscriber to the Association, as liquidated damages (agreed damages) and not as a penalty, which amount the Association and Subscriber agree is a reasonable estimate of the loss or damage that would be sustained by Subscriber as a result of any negligence, gross negligence, breach of contract, or nonperformance by the Association.
    6. Subscriber agrees to release, defend, indemnify and hold the Association, Martis Camp Club, and their directors, officers, employees, managers, agents and contractors harmless for, from and against any and all claims, demands, liabilities, lawsuits, losses, damages, attorney’s fees, costs or expenses arising from or related to any act or omission of the Association pertaining to the performance or nonperformance by the Association of its obligations or services under this Agreement, including, without limitation, Subscriber’s insurance or bonding companies’ claims or losses, damage or loss to Subscriber’s property, and any personal injury (including, without limitation, death), suffered at Subscriber’s property.
  • 7. In the event of any legal action or proceeding between Subscriber and the Association arising out of this Agreement, the non-prevailing party in such action or proceeding shall be liable to the prevailing party for all reasonable attorneys’ fees incurred by the prevailing party in the action or proceeding. This Agreement constitutes the entire agreement and understanding of the Subscriber and the Association with respect to the subject matter of this Agreement, and no prior agreements, representations, inducements or promises with respect thereto shall be binding or be of any force and effect. This Agreement may only be modified or amended by a written instrument signed by both the Association and the Subscriber, any attempted oral modification of this Agreement shall be void and of no effect. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of California, with venue in Placer County. Each remedy provided to the Association under this Agreement shall be cumulative and shall be in addition to every other remedy in this Agreement or now or hereafter existing at law or in equity. The election of any one or more remedies shall not constitute a waiver of the right of the Association to pursue other remedies available under this Agreement or at law or in equity. Subscriber acknowledges that the Association may record wire and oral communications made in connection with this Agreement and hereby consents and authorizes the Association to so record all such communications between the Association and Subscriber and/or Subscriber’s agents, employees, guests and representatives. Any notices or instructions required or permitted under this Agreement shall be given in writing and personally delivered or sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight courier service. Any notice to the Association shall be addressed to the Association at 7951 Fleur Du Lac Dr., Truckee, CA 96161. Any notice to the Subscriber shall be addressed at the mailing address of the Subscriber’s homesite in Martis Camp or to such other address as the Subscriber may designate in writing to the Association. Agreed to by the parties:

    Martis Camp Community Association

    A California nonprofit mutual benefit corporation