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Residential Security Sale Agreement

All-In-One Residential Security Sale Agreement-FL

Kenneth Kirschenbaum, Esq., Tel. No. (516) 747-6700

KIRSCHENBAUM CONTRACTS® Copyright 7-23-2020

Licensed by the State of Florida, Dept. of Business & Professional Regulation

License No.: EG13000253

CASTLE PROTECTION & AUTOMATION LLC

8388 S. Tamiami Trail, Suite 60

Sarasota, Florida 34238

(866) 780-6981

STANDARD RESIDENTIAL SECURITY AGREEMENT

Date:

Subscriber's Name:

Telephone No.:

Address:

Street:

Unit #:

City:

Zip Code:

Cell Phone No.:

1. CASTLE PROTECTION & AUTOMATION LLC (hereinafter referred to as “CPA” or "ALARM COMPANY") agrees to sell, install, and program at Subscriber's premises and Subscriber agrees to buy, an electronic security and/or fire alarm system, consisting of the following equipment: (See Attached Schedule of Equipment and Services.)
  
  Approximate date work to begin:
  
  Estimated date work to be substantially completed:
  
  Installation of the system does not constitute an improvement to real property.

1. CHECK BOX FOR APPROPRIATE SERVICES: Only services selected are included:
  SERVICES AND RECURRING CHARGES: All charges are billed quarterly in advance and includes taxes and fees, [select one option]:
  
  STARTER PACKAGE $49.95/mo
  
  Includes:
  Images – Alarms
  Remote Arming/Disarming
  Sensor Activity Monitoring for 50 sensors
  Unexpected Activity Alerts
  User Code Management
  Basic Doorbell: 1 doorbell camera, 400 clips
  Pro Video: 4 cameras, 1000 clips
  Video 24/7 (online/uploads)
  Lights and Thermostat Bundle
  Garage Door Control
  
  GET MORE PACKAGE $59.95/mo
  
  Adds:
  Locks
  Additional Doorbell Cameras
  LiftMaster Integration
  Energy Monitoring
  Pro Video: 4 cameras, 1000 clips (online/uploads)
  NEST Integration
  Severe Weather Alerts
  Water Management
  Wireless Two-Way Voice
  
  DO MORE PACKAGE $69.95/mo
  
  Adds:
  Pro Video with Analytics, 3000 clips (online/uploads)
  Video Analytics
  4 additional cameras and 5,000 clips of Extra Video Storage (online/upload)
  Video 24/7
  Lutron Integration
  Lutron Remote Access
  Irrigation Control
  Audio Integration
  Solar Integration
  SolarEdge Integration
  Water Management Plus
  
  (a) MONITORING CENTER CHARGES: Subscriber agrees to pay CPA:
  
  (ii)
  
  The sum of $
  every 3 months for the monitoring of the Security System for the term of this agreement.

1. PASSCODE TO CPU SOFTWARE REMAINS PROPERTY OF CPA / TITLE TO EQUIPMENT: Provided Subscriber performs this agreement for the full term, upon termination CPA shall at its option provide to Subscriber the passcode to the CPU software or change the passcode to the manufacturer's default code. Software programmed by CPA is the intellectual property of CPA and any unauthorized use of same, including derivative works, is strictly prohibited and may violate Federal Copyright Laws, Title 17 of the United States Code, and may subject violator to civil and criminal penalties. Upon installation the Equipment shall be deemed Subscriber’s personal property and shall not be considered a fixture, or an addition to, alteration, conversion, improvement, modernization, remodeling, repair or replacement of any part of the realty, and Subscriber shall not permit the attachment thereto of any apparatus not furnished by CPA. CPA’s signs and decals remain the property of CPA and must be removed upon termination of this Agreement.

1. TERM OF AGREEMENT / RENEWAL: The term of this agreement shall be for a period of five years and shall automatically renew month to month thereafter under the same terms and conditions, unless either party gives written notice to the other by certified mail, return receipt requested, of their intention not to renew the agreement at least 30 days prior to the expiration of any term. After the expiration of one year from the date hereof CPA shall be permitted from time to time to increase all charges by an amount not to exceed nine percent each year and Subscriber agrees to pay such increase. CPA may invoice Subscriber in advance monthly, quarterly, or annually at CPA’s option. Unless otherwise specified herein, all recurring charges for 3(a)-(I) services shall commence on the first day of the month next succeeding the date hereof, all payments being due on the first day of the month.

1. MONITORING CENTER SERVICES: Upon receipt of an alarm signal, video or audio transmission, from Subscriber’s security and/or fire alarm system, CPA or its designee Monitoring Center shall make every reasonable effort to notify Subscriber and the appropriate municipal police or fire department [First Responders] depending upon the type of signal received. Fire alarms are reported to the fire department unless operator believes no fire condition exists at the premises. Once dispatched, fire department response cannot be recalled. Not all signals or transmissions will require notification to the authorities and Subscriber may obtain a written response policy from CPA. No response shall be required for supervisory, loss of communication pathway, trouble or low battery signals. Subscriber acknowledges that signals transmitted from Subscriber's premises directly to municipal police or fire departments are not monitored by personnel of CPA or CPA's designee Monitoring Center and CPA does not assume any responsibility for the manner in which such signals are monitored or the response, if any, to such signals. Subscriber acknowledges that signals and transmissions are transmitted over telephone lines, wire, air waves, internet, VOIP, radio or cellular, or other modes of communication, and pass through communication networks wholly beyond the control of CPA and are not maintained by CPA except CPA may own the radio network, and CPA shall not be responsible for any failure which prevents transmission signals from reaching the Monitoring Center or damages arising therefrom, or for data corruption, theft or viruses to Subscriber’s computers if connected to the alarm communication equipment. Subscriber agrees to furnish CPA with a written Call List of names and telephone numbers of those persons Subscriber wishes to receive notification of alarm signals. Unless otherwise provided in the Call List CPA will make a reasonable effort to contact the first person reached or notified on the list either via telephone call, text or email message. No more than one call to the list shall be required and any form of notification provided for herein, including leaving a message on an answering machine, shall be deemed reasonable compliance with CPA’s notification obligation. All changes and revisions shall be supplied to CPA in writing. Subscriber authorizes CPA to access the control panel to input or delete data and programming. If the equipment contains video or listening devices permitting Monitoring Center to monitor video or sound then upon receipt of an alarm signal Monitoring Center shall monitor video or sound for so long as Monitoring Center in its sole discretion deems appropriate to confirm an alarm or emergency condition. If Subscriber requests CPA to remotely activate or deactivate the system, change combinations, openings or closings, or re-program system functions, Subscriber shall pay CPA $90.00 for each such service. CPA may, without prior notice, suspend or terminate its services, in CPA’s sole discretion, in event of Subscriber’s default in performance of this agreement or in event Monitoring Center facility or communication network is nonoperational or Subscriber’s alarm system is sending excessive false alarms or runaway signals. Monitoring Center is authorized to record and maintain audio and video transmissions, data and communications, and shall be the exclusive owner of such property. All Subscriber information and data shall be maintained confidentially by CPA.

1. REPAIR SERVICE: Repair service pursuant to paragraph 3(d)(ii) includes all parts and labor, and CPA shall service upon Subscriber's request the security system installed in Subscriber's premises between the hours of 9 a.m. and 5 p.m. Monday through Friday, within reasonable time after receiving notice from Subscriber that service is required, exclusive of Saturdays, Sundays and legal holidays. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, water, insects, vermin, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life are not included in service and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connect with the security system as originally installed without CPA's written consent.

1. RUNNER SERVICE: If Runner Service is selected, upon receipt of an alarm signal, trouble signal or supervisory signal, defined as a signal that does not require notification to any party other than Subscriber, CPA will respond to Subscriber's premises to verify the alarm condition. For alarm and supervisory alarm signals CPA will make a reasonable effort to respond within one hour; for trouble signals, within 4 hours. Subscriber will either meet the runner at the premises or provide keys for access to all areas requiring inspection. Runner Service response is for alarm verification only, not guard response or intervention, police or fire department coordination or repairs. Subscriber agrees to pay for runner response in excess of maximum runs per year at the rate of $120 per response.

1. GUARD RESPONSE: If guard response is specified as a service to be provided, upon receipt of an alarm signal, CPA or its subcontractor shall as soon as may be practical send one or more of its guards to the Subscriber's premises. Unless the guard determines that the alarm is a false alarm and that no situation requiring police or fire department services exist, the guard shall notify the Monitoring Center or police or fire department directly that an emergency situation exists and wait up to 15 minutes for the municipal police or fire department personnel or Subscriber to arrive at the premises and if permitted by the police shall assist in making a search of the premises to determine the cause of the alarm condition. If provided with keys to the premises the guard shall endeavor to secure the premises and repair the security equipment. However, Subscriber acknowledges that the guard is not required to enter the premises or to render any service to the security equipment and shall not be required to remain stationed at Subscriber's premises for more than 15 minutes after initial arrival. Subscriber authorizes the guard to take such action the guard deems necessary to secure the premises and reset the alarm, though Subscriber acknowledges that the guard may not be able to or may not have sufficient time to secure the premises or reset the alarm and put same in working order. If Subscriber requests CPA to station its guard at the premises for more than 30 minutes, and CPA has sufficient personnel to provide such service, and CPA makes no such representation that its personnel will be available, then Subscriber agrees to pay CPA $95.00 per half hour plus tax for such service. Subscriber agrees to confirm the request to CPA to provide extended guard service by email, text or recorded conversation to CPA at the time request is made and CPA is authorized to ignore any request not confirmed within 15 minutes.

1. SUBSCRIBER REMOTE ACCESS: If Remote Access is included in the Schedule of Equipment and Services to be installed and services provided by CPA, the equipment will transmit data via Subscriber’s high speed Internet, cellular or radio communication service from remote device supplied by CPA or Subscriber’s Internet or wireless connection device which is compatible with CPA’s remote services. CPA will grant access to server permitting Subscriber to monitor the security system, access the system to arm, disarm and bypass zones on the system, view the remote video camera(s) and control other remote automation devices that may be installed or, when system design permits, connect the system to the Internet, over which CPA has no control. The remote services server is provided either by CPA or a third party. CPA shall install the camera(s) in a permissible legal location in Subscriber’s premises to permit Subscriber viewing. CPA shall have no responsibility for failure of data transmission, corruption or unauthorized access by hacking or otherwise and shall not monitor or view the camera data. Electronic data may not be encrypted and wireless components of the alarm system may not meet Advanced Encryption Standard specifications for encryption of electronic data established by the US National Institute of Standards and Technology or any other established criteria for encryption and CPA shall have no liability for access to the alarm system by others.

1. WIRELESS AND INTERNET ACCESS CAPABILITIES: Subscriber is responsible for supplying high-speed Internet access and/or wireless services at Subscriber’s premises. CPA does not provide Internet service, maintain Internet connection, wireless access or communication pathways, computer, smart phone, electric current connection or supply, or in all cases the remote video server. In consideration of Subscriber making its monthly payments for remote access to the system, CPA will authorize Subscriber access. CPA is not responsible for Subscriber’s access to the Internet or any interruption of service or down time of remote access caused by loss of Internet service, radio or cellular or any other mode of communication used by Subscriber to access the system. Subscriber acknowledges that Subscriber's security system can be compromised if the codes or devices used for access are lost or accessed by others and CPA shall have no liability for such third party unauthorized access. CPA is not responsible for the security or privacy of any wireless network system or router. Wireless systems can be accessed by others, and it is the Subscriber's responsibility to secure access to the system with pass codes and lock out codes. CPA is not responsible for access to wireless networks or devices that may not be supported by communication carriers and upgrades to Subscriber’s system will be at Subscriber’s expense. If Subscriber is Self-Monitoring, no signals will be received unless Subscriber has access to the selected mode of communication pathway such as cellular, radio or Internet service.

1. AUDIO / VIDEO SYSTEM OPERATION AND LIMITATIONS: If Audio / Video System is selected as a service to be provided and included in the Schedule of Equipment and Services, and if video equipment is attached to a recorder, it shall not be used for any other purpose. CPA shall be permitted to access and make changes to the system’s operation on site and over the internet. If data storage is selected service, CPA shall store data received from Subscriber’s system for one year. CPA shall have no liability for data corruption or inability to retrieve data even if caused by CPA’s negligence. Subscriber’s data shall be maintained confidential and shall be retrieved and released only to Subscriber or upon Subscriber’s authorization or by legal process. Telephone or internet access is not provided by CPA and CPA has no responsibility for such access or IP address service. If system has remote access CPA is not responsible for the security or privacy of any wireless network system or router, and it is the Subscriber’s responsibility to secure access to the system with pass codes and lock outs. CPA shall have no liability for unauthorized access to the system through the internet or other communication networks or data corruption or loss for any reason whatsoever. If audio or video devices are installed, Subscriber has been advised to independently ascertain that the audio or video devices are used lawfully. CPA has made no representations and has provided no advice regarding the use of audio or video devices, and it is Subscriber’s sole responsibility to use the camera and audio devices lawfully.

1. LIMITED WARRANTY ON EQUIPMENT: In the event that any part of the security equipment becomes defective, CPA agrees to make all repairs and replacement of parts without costs to the Subscriber for a period of one (1) year from the date of installation. CPA reserves the option to either replace or repair the alarm equipment and reserves the right to substitute materials of equal quality at time of replacement or to use reconditioned parts in fulfillment of this warranty. This warranty does not include batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components, and components exceeding manufacturer’s useful life. CPA is not the manufacturer of the equipment and other than CPA’s limited warranty Subscriber agrees to look exclusively to the manufacturer of the equipment for repairs under its warranty coverage if any. Except as set forth in this agreement, CPA makes no express warranties as to any matter whatsoever, including but not limited to, unless prohibited by law, the condition of the equipment, its merchantability, or its fitness for any particular purpose, and CPA shall not be liable for consequential damages. CPA does not represent nor warrant that the security system may not be compromised or circumvented, or that the system will prevent any loss by burglary, hold-up, fire or otherwise or that the system will in all cases provide the protection for which it is installed. CPA expressly disclaims any implied warranties, including implied warranties of merchantability or fitness for a particular purpose. The warranty does not cover any damage to material or equipment caused by accident, misuse, attempted or unauthorized repair service, modification, or improper installation by anyone other than CPA. Subscriber acknowledges that any affirmation of fact or promise made by CPA shall not be deemed to create an express warranty unless included in this agreement in writing; that Subscriber is not relying on CPA's skill or judgment in selecting or furnishing a system suitable for any particular purpose and that there are no warranties which extend beyond those on the face of this agreement, and that CPA has offered additional and more sophisticated equipment for an additional charge which Subscriber has declined. Subscriber's exclusive remedy for CPA's breach of this agreement or negligence to any degree under this agreement is to require CPA to repair or replace, at CPA's option, any equipment which is non-operational. This Limited Warranty is independent of and in addition to service contracted under paragraph 3(d)(ii) of this agreement. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state. If required by law, CPA will procure all permits required by local law and will provide a Certificate of Workman's Compensation prior to starting work.

1. FIRE ALARMS: Unless the Schedule of Equipment and Services provides for a fire alarm system to code CPA makes no representation that the fire alarm equipment meets local code requirements or constitutes a fire alarm system as that term is defined by the Authority Having Jurisdiction [AHJ] over fire alarm systems in Subscriber’s premises. If a fire alarm system to code is specified in the Schedule of Equipment and Services then CPA will install fire alarm equipment pursuant to AHJ requirements. Subscriber agrees that any equipment required by the AHJ not specified in the Schedule of Equipment and Services shall be an extra to this agreement to be paid for by Subscriber at time the additional equipment is requested.

1. DELAY IN DELIVERY / INSTALLATION / RISK OF LOSS OF MATERIAL: CPA shall not be liable for any damage or loss sustained by Subscriber as a result of delay in delivery and/or installation of equipment, equipment failure, or for interruption of service due to electric failure, strikes, walk-outs, war, acts of God, or other causes, including CPA's negligence or failure to perform any obligation. The estimated date work is to be substantially completed is not a definite completion date and time is not of the essence. In the event the work is delayed through no fault of CPA, CPA shall have such additional time for performance as may be reasonably necessary under the circumstances. Subscriber agrees to pay CPA the sum of $1,000 per day for each business day the work is rescheduled or delayed by Subscriber or others engaged by Subscriber through no fault of CPA on less than 24-hour notice to CPA. If installation is delayed for more than one year from date hereof by Subscriber or other contractors engaged by Subscriber and through no fault of CPA, Subscriber agrees to pay an additional 5% of the contract Purchase Price upon installation. Subscriber assumes all risk of loss of material once delivered to the job site. Should CPA be required by existing or hereafter enacted law to perform any service or furnish any material not specifically covered by the terms of this agreement Subscriber agrees to pay CPA for such service or material.

1. TESTING OF SECURITY SYSTEM: The parties hereto agree that the security equipment, once installed, is in the exclusive possession and control of the Subscriber, and it is Subscriber's sole responsibility to test the operation of the security equipment and to notify CPA if any equipment is in need of repair. Service, if provided, is pursuant to paragraphs 3 and 7. CPA shall not be required to service the security equipment unless it has received notice from Subscriber, and upon such notice, CPA shall, during the warranty or repair service plan period, service the security equipment to the best of its ability within 36 hours, exclusive of Saturday, Sunday and legal holidays, during the business hours of 9 a.m. and 5 p.m. Subscriber agrees to test and inspect the security equipment and to advise CPA of any defect, error or omission in the security equipment. In the event Subscriber complies with the terms of this agreement and CPA fails to repair the security equipment within 36 hours after notice is given, excluding Saturdays, Sundays, and legal holidays, Subscriber agrees to send notice that the security equipment is in need of repair to CPA, in writing, by certified or registered mail, return receipt requested, and Subscriber shall not be responsible for payments due while the security equipment remains inoperable. In any lawsuit between the parties in which the condition or operation of the security equipment is in issue, the Subscriber shall be precluded from raising the issue that the security equipment was not operating unless the Subscriber can produce a post office certified or registered receipt signed by CPA, evidencing that warranty service was requested by Subscriber.

1. CARE AND SERVICE OF SECURITY SYSTEM: Subscriber agrees not to tamper with, remove or otherwise interfere with the Security System which shall remain in the same location as installed. All repairs, replacement or alteration of the security system made by reason of alteration to Subscriber's premises, or caused by unauthorized intrusion, lightning or electrical surge, or caused by any means other than normal usage, wear and tear, shall be made at the cost of the Subscriber. Batteries, electrical surges, lightning damage, software upgrades and repairs, communication devices that are no longer supported by communication pathways, obsolete components and components exceeding manufacturer’s useful life, are not included in warranty or service under paragraph 3(d)(ii) and will be repaired or replaced at Subscriber’s expense payable at time of service. No apparatus or device shall be attached to or connected with the security system as originally installed without CPA's written consent.

1. ALTERATION OF PREMISES FOR INSTALLATION: CPA is authorized to make preparations such as drilling holes, driving nails, making attachments or doing any other thing necessary in CPA's sole discretion for the installation and service of the security system, and CPA shall not be responsible for any condition created thereby as a result of such installation, service, or removal of the security system, and Subscriber represents that the owner of the premises, if other than Subscriber, authorizes the installation of the security system under the terms of this agreement.

1. SUBSCRIBER'S DUTY TO SUPPLY ELECTRIC AND TELEPHONE SERVICE: Subscriber agrees to furnish, at Subscriber's expense, all 110 Volt AC power, electrical outlet, ARC Type circuit breaker and dedicated receptacle, internet connection, high-speed broadband cable or DSL and IP Address, telephone hook-ups, RJ31x Block or equivalent, as deemed necessary by CPA.

1. LIEN LAW: CPA or any subcontractor engaged by CPA to perform the work or furnish material who is not paid may have a claim against purchaser or the owner of the premises if other than the purchaser which may be enforced against the property in accordance with the applicable lien laws.

1. INDEMNITY / WAIVER OF SUBROGATION RIGHTS / ASSIGNMENTS: Subscriber agrees to defend, advance expenses for litigation and arbitration, including investigation, legal and expert witness fees, indemnify and hold harmless CPA, its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third-parties or by Subscriber, including reasonable attorneys' fees and losses, asserted against and alleged to be caused by CPA's performance, negligence or failure to perform any obligation under or in furtherance of this agreement. Parties agree that there are no third- party beneficiaries of this agreement. Subscriber on its behalf and any insurance carrier waives any right of subrogation Subscriber's insurance carrier may otherwise have against CPA or CPA's subcontractors arising out of this agreement or the relation of the parties hereto. Subscriber shall not be permitted to assign this agreement without written consent of CPA, which shall not unreasonably be withheld. CPA shall have the right to assign this agreement to a company licensed to perform the services and shall be relieved of any obligations herein upon such assignment.

1. EXCULPATORY CLAUSE: CPA and Subscriber agree that CPA is not an insurer and no insurance coverage is offered herein. The equipment and CPA’s services are designed to detect and reduce certain risks of loss, though CPA does not guarantee that no loss or damage will occur. CPA is not assuming liability, and, therefore, Subscriber agrees CPA, shall not be liable to Subscriber or any other third party, and Subscriber covenants not to sue CPA, for any loss, economic or non-economic, business loss or interruption, consequential damages, in contract or tort, data corruption or inability to retrieve data, personal injury or property damage sustained by Subscriber or others as a result of equipment failure, human error, burglary, theft, hold-up, fire, smoke, water or any other cause whatsoever, regardless of whether or not such loss or damage was caused by or contributed to by CPA’s breach of contract, negligent performance to any degree in furtherance of this agreement, any extra contractual or legal duty, strict products liability, or negligent failure to perform any obligation pursuant to this agreement or any other legal duty, except for gross negligence and willful misconduct.

1. INSURANCE / ALLOCATION OF RISK: Subscriber shall maintain a policy of Homeowners’ Dwelling and Liability Insurance for liability, casualty, fire, theft, and property damage under which Subscriber is named as insured and CPA is named as additional insured and which shall on a primary and non-contributing basis cover any loss or damage CPA's services are intended to detect to one hundred percent of the insurable value or potential risk. The parties intend that the Subscriber assume all potential risk and damage that may arise by reason of failure of the equipment or CPA's services and that Subscriber will look to its own insurance carrier for any loss or assume the risk of loss. CPA shall not be responsible for any portion of any loss or damage which is recovered or recoverable by Subscriber from insurance covering such loss or damage or for such loss or damage against which Subscriber is indemnified or insured. Subscriber and all those claiming rights under Subscriber waive all rights against CPA and its subcontractors for loss or damages caused by perils intended to be detected by CPA's services or covered by insurance to be obtained by Subscriber, except such rights as Subscriber or others may have to the proceeds of insurance.

1. LIMITATION OF LIABILITY: SUBSCRIBER AGREES THAT, EXCEPT FOR CPA’S GROSS NEGLIGENCE AND WILLFUL MISCONDUCT, SHOULD THERE ARISE ANY LIABILITY ON THE PART OF CPA AS A RESULT OF CPA'S BREACH OF THIS CONTRACT, NEGLIGENT PERFORMANCE TO ANY DEGREE OR NEGLIGENT FAILURE TO PERFORM ANY OF CPA'S OBLIGATIONS PURSUANT TO THIS AGREEMENT OR ANY OTHER LEGAL DUTY, EQUIPMENT FAILURE, HUMAN ERROR, OR STRICT PRODUCTS LIABILITY, WHETHER ECONOMIC OR NON-ECONOMIC, IN CONTRACT OR IN TORT, THAT CPA'S LIABILITY SHALL BE LIMITED TO THE SUM OF $250.00 OR 6 TIMES THE MONTHLY PAYMENT FOR SERVICES BEING PROVIDED AT TIME OF LOSS, WHICHEVER IS GREATER. IF SUBSCRIBER WISHES TO INCREASE CPA'S AMOUNT OF LIMITATION OF LIABILITY, SUBSCRIBER MAY, AS A MATTER OF RIGHT, AT ANY TIME, BY ENTERING INTO A SUPPLEMENTAL AGREEMENT, OBTAIN A HIGHER LIMIT BY PAYING AN ANNUAL PAYMENT CONSONANT WITH CPA'S INCREASED LIABILITY. THIS SHALL NOT BE CONSTRUED AS INSURANCE COVERAGE AND NOTWITHSTANDING THE FOREGOING, CPA’S LIABILITY SHALL NOT EXCEED ITS AVAILABLE INSURANCE COVERAGE.
  SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS EXCULPATORY CLAUSE, INDEMNITY, INSURANCE, AND ALLOCATION OF RISK AND LIMITATION OF LIABILITY PROVISIONS.
  Subscriber to Initial:

1. LEGAL ACTION / BREACH / LIQUIDATED DAMAGES / AGREEMENT TO BINDING ARBITRATION: The parties agree that due to the nature of the services to be provided by CPA, the payments to be made by the Subscriber for the term of this agreement form an integral part of CPA's anticipated profits; that in the event of Subscriber's default it would be difficult if not impossible to fix CPA's actual damages. Therefore, in the event Subscriber defaults in any payment or charges to be paid to CPA, Subscriber shall be immediately liable for any unpaid installation and invoiced charges plus 80% of the balance of all payments for the entire term of this agreement as LIQUIDATED DAMAGES and CPA shall be permitted to terminate all its services, including but not limited to terminating monitoring service, under this agreement and to remotely re-program or delete any programming without relieving Subscriber of any obligation herein.
  SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS A LIQUIDATED DAMAGE CLAUSE.
  Subscriber to Initial:
  
  The prevailing party in any litigation or arbitration is entitled to recover its legal fees from the other party. In any action commenced by CPA against Subscriber, Subscriber shall not be permitted to interpose any counterclaim. SUBSCRIBER MAY BRING CLAIMS AGAINST CPA ONLY IN SUBSCRIBER’S INDIVIDUAL CAPACITY, AND NOT AS A CLASS ACTION PLAINTIFF OR CLASS ACTION MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY DISPUTE BETWEEN THE PARTIES OR ARISING OUT OF THIS AGREEMENT, INCLUDING ISSUES OF ARBITRABILITY, SHALL, AT THE OPTION OF ANY PARTY, BE DETERMINED BY BINDING AND FINAL ARBITRATION BEFORE A SINGLE ARBITRATOR ADMINISTERED BY ARBITRATION SERVICES INC., ITS SUCCESSORS OR ASSIGNS, IN NASSAU COUNTY, NEW YORK, PURSUANT TO ITS ARBITRATION RULES AT WWW.ARBITRATIONSERVICESINC.COM AND THE FEDERAL ARBITRATION ACT, EXCEPT THAT NO PUNITIVE OR CONSEQUENTIAL DAMAGES MAY BE AWARDED. The arbitrator shall be bound by the terms of this agreement, and shall on request of a party, conduct proceedings by telephone, video, submission of papers or in-person hearing. By agreeing to this arbitration provision the parties are waiving their right to a trial before a judge or jury, waiving their right to appeal the arbitration award and waiving their right to participate in a class action. Service of process or papers in any legal proceeding or arbitration between the parties may be made by First-Class Mail delivered by the U.S. Postal Service addressed to the party's address designated in this agreement, on file with an agency of the state, or any other address provided by the party in writing to the party making service. The parties submit to the jurisdiction and laws of Florida, except for arbitration which is governed by the FAA the arbitration rules and agree that any litigation or arbitration between the parties shall be commenced and maintained in the county where CPA’s principal place of business is located. The parties waive trial by jury in any action between them unless prohibited by law. All actions or proceedings by either party must be based on the provisions of this agreement. Any other action that Subscriber may have or bring against CPA in respect to other services rendered in connection with this agreement shall be deemed to have merged in and be restricted to the terms and conditions of this agreement.
  SUBSCRIBER ACKNOWLEDGES THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE DISPUTES AND THAT ARBITRATION IS BINDING AND FINAL AND THAT SUBSCRIBER IS WAIVING SUBSCRIBER’S RIGHT TO TRIAL IN A COURT OF LAW AND OTHER RIGHTS.
  Subscriber to Initial:

1. CPA'S RIGHT TO SUBCONTRACT SPECIAL SERVICES: Subscriber agrees that CPA is authorized and permitted to subcontract any services to be provided by CPA to third parties who may be independent of CPA, and that CPA shall not be liable for any loss or damage sustained by Subscriber by reason of fire, theft, burglary or any other cause whatsoever caused by the negligence of third parties. Subscriber appoints CPA to act as Subscriber’s agent with respect to such third parties, except that CPA shall not obligate Subscriber to make any payments to such third parties. Subscriber acknowledges that this agreement, and particularly those paragraphs relating to CPA's disclaimer of warranties, exemption from liability, even for its negligence, limitation of liability and indemnification, inure to the benefit of and are applicable to any assignees, subcontractors, manufacturers, vendors and Monitoring Center of CPA.

1. MOLD, OBSTACLES AND HAZARDOUS CONDITIONS: Subscriber shall notify CPA in writing of any undisclosed, concealed or hidden conditions in any area where installation is planned, and Subscriber shall be responsible for removal of such conditions. In the event CPA discovers the presence of suspected asbestos or other hazardous material, CPA shall stop all work immediately and notify Subscriber. It shall be Subscriber’s sole obligation to remove such conditions from the premises, and if the work is delayed due to the discovery of suspected asbestos or other hazardous material or conditions then an extension of time to perform the work shall be allowed and Subscriber agrees to compensate CPA for any additional expenses caused by the delay but not less than $1000.00 per day until work can resume. If CPA, in its sole discretion, determines that continuing the work poses a risk to CPA or its employees or agents, CPA may elect to terminate this agreement on 3 day notice to Subscriber and Subscriber shall compensate CPA for all services rendered and material provided to date of termination. CPA shall be entitled to remove all its equipment and uninstalled equipment and material from the job site. Under no circumstances shall CPA be liable to Subscriber for any damage caused by mold or hazardous conditions or remediation thereof.

1. FALSE ALARMS / PERMIT FEES / WITNESS FEES: Subscriber is responsible for all alarm permits and fees, agrees to file for and maintain any permits required by applicable law and indemnify or reimburse CPA for any fees or fines relating to permits or false alarms. CPA shall have no liability for permit fees, false alarms, false alarm fines, the manner in which police or fire department responds, or the refusal of the police or fire department to respond. In the event of termination of police or fire department response this agreement shall nevertheless remain in full force and Subscriber shall remain liable for all payments provided for herein. In the event Subscriber or any third party subpoenas or summons CPA requiring any services or appearances, Subscriber agrees to pay CPA $150 per hour for such services and appearances. Subscriber shall reimburse CPA for any Monitoring Center charges for excessive, run-a-way or false alarm signals.

1. FAIR CREDIT REPORTING ACT: In compliance with the Fair Credit Reporting Act (“FCRA”), the Subscriber hereby authorizes CPA to obtain a consumer credit report. Subscriber has the right, by contacting the provider of this information, to dispute the information on the report or request additional disclosures as provided under Section 606 of the FCRA. Written request must be given from the Subscriber to CPA to request additional credit information. Subscriber releases all persons involved in the credit investigation from liability in connection with such investigation.

1. FULL AGREEMENT / SEVERABILITY: This agreement along with the Schedule of Equipment and Services constitute the full understanding of the parties and may not be amended, modified or canceled, except in writing signed by both parties. Subscriber acknowledges and represents that Subscriber has not relied on any representation, assertion, guarantee, warranty, collateral agreement or other assurance, except those set forth in this Agreement. Subscriber hereby waives all rights and remedies, at law or in equity, arising, or which may arise, as the result of Subscriber’s reliance on such representation, assertion, guarantee, warranty, collateral agreement or other assurance. To the extent this agreement is inconsistent with any other document or agreement, whether executed prior to, concurrently with or subsequent to this agreement the terms of this agreement shall govern. This agreement shall run concurrently with and shall not terminate or supersede any existing agreement between the parties unless specified herein. Should any provision of this agreement be deemed void, the remaining parts shall be enforceable.

FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND: PAYMENT, UP TO A LIMITED AMOUNT, MAY BE AVAILABLE FROM THE FLORIDA HOMEOWNERS’ CONSTRUCTION RECOVERY FUND IF YOU LOSE MONEY ON A PROJECT PERFORMED UNDER CONTRACT, WHERE THE LOSS RESULTS FROM SPECIFIED VIOLATIONS OF FLORIDA LAW BY A LICENSED CONTRACTOR. FOR INFORMATION ABOUT THE RECOVERY FUND AND FILING A CLAIM, CONTACT THE FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD AT THE FOLLOWING TELEPHONE NUMBER AND ADDRESS: CONSTRUCTION INDUSTRY LICENSING BOARD, 2601 BLAIRSTONE ROAD, TALLAHASSEE, FLORIDA 32399-1039, (850) 487-1395.
Subscriber acknowledges that CPA has provided it with sufficient notice of its potential; right to file a claim with the Florida Homeowners’ Construction Recovery Fund as required by § 489.1425, Fla. Stat. (2012).

SUBSCRIBER ACKNOWLEDGES RECEIVING A FULLY EXECUTED COPY
OF THIS 5 PAGE AGREEMENT AND SCHEDULE OF EQUIPMENT AND SERVICES AT TIME OF
EXECUTION.

CASTLE PROTECTION & AUTOMATION LLC:

Name of Salesperson:

FOR SALES AGREEMENT:

CONSUMER’S RIGHT OF CANCELLATION

NOTICE OF CANCELLATION

YOU MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION WITHIN 3 BUSINESS DAYS FROM THE ABOVE DATE AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE TO THE SELLER. YOU MAY ALSO CANCEL THIS CONTRACT IF UPON A DOCTOR’S ORDER YOU CANNOT PHYSICALLY RECEIVE THE SERVICES, OR YOU MAY CANCEL THE CONTRACT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THE CONTRACT. IF YOU CANCEL THE CONTRACT FOR EITHER OF THESE REASONS, THE SELLER, MAY KEEP ONLY A PORTION OF THE CONTRACT PRICE EQUAL TO A PRO RATA PORTION OF THE TOTAL PRICE REPRESENTING THE PROPORTION OF SERVICES YOU USED OR COMPLETED, PLUS THE COST TO THE SELLER OF ANY RELATED GOODS WHICH YOU HAVE CONSUMED OR RETAINED. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

FOR FUTURE SERVICES AGREEMENTS:

BUYER’S RIGHT TO CANCEL

NOTICE OF CANCELLATION

THIS IS A HOME SOLICITATION SALE, AND IF YOU DO NOT WANT THE GOODS OR SERVICES, YOU MAY CANCEL THIS AGREEMENT BY PROVIDING WRITTEN NOTICE TO THE SELLER IN PERSON, BY TELEGRAM, OR BY MAIL. THIS NOTICE MUST INDICATE THAT YOU DO NOT WANT THE GOODS OR SERVICES AND MUST BE DELIVERED OR POSTMARKED BEFORE MIDNIGHT OF THE THIRD BUSINESS DAY AFTER YOU SIGN THIS AGREEMENT. IF YOU CANCEL THIS AGREEMENT, THE SELLER MAY NOT KEEP ALL OR PART OF ANY CASH DOWN PAYMENT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.

SUBSCRIBER/BUYER:

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SS# :

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