Gold Membership

This Membership Agreement (“Agreement”), is between HOME by LQAM, a Delaware corporation (“LQAM”) with its office at 6300 N Sagewood Drive Suite H138, Park City, UT 84098, and Member (together with LQAM, the “Parties” and each a “Party”).

Whereas LQAM has the capability and capacity to provide ongoing home maintenance and repair services at the Residence (“Membership Services”) and Member desires to retain LQAM to perform said services, LQAM is willing to perform the services subject to the terms and conditions herein set forth:

Services: LQAM shall provide ongoing Membership Services as set forth in the Statement of Services at the Residence.

Term: This Agreement shall commence as of the Effective Date and shall continue for one year (the “Membership Period”), unless sooner terminated pursuant to Section 6 herein. Thereafter, this agreement will continue a month-to-month basis. LQAM will notify Member at the end of the initial one-year engagement in the event Member elects not to move forward on a month-to-month basis thereafter.

Fees: Member agrees to pay monthly or annually for the Membership Period per the listed price online at www.homebylqam.com. Payment for any On-Demand services is due upon completion of the service(s) rendered. LQAM reserves the right to adjust fees. LQAM reserves the right to bill for material costs incurred at the direction of Member on the purchase date, rather than on the service date.

Limited Warranty: LQAM warrants that it shall perform the Membership Services using personnel of commercially reasonable skill, experience, and qualifications, and shall perform work in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. LQAM’s sole and exclusive liability and Member’s sole and exclusive remedy for breach of this warranty shall be as follows:

LQAM shall use reasonable commercial efforts to promptly cure any such breach; provided that, if LQAM cannot cure such breach within a reasonable time after Member’s written Notice of such breach, Member may terminate the Agreement by serving written Notice of termination.

In the event the Agreement is terminated pursuant to Section 4(a), LQAM shall within 30 days after the date of termination, refund to Member any Fees paid by Member as of the date of termination for the Membership Services, less a deduction equal to the Fees of Membership Services up to and including the date of termination.

The foregoing remedy shall not be available unless Member provides written notice of breach within 30 days after performance of such Membership Services.
LQAM MAKES NO WARRANTIES EXCEPT AS PROVIDED ABOVE. ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, ARE EXPRESSLY DISCLAIMED.

Limitation of Liability: IN NO EVENT SHALL LQAM BE LIABLE TO MEMBER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT LQAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.  IN NO EVENT SHALL LQAM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED TWO (2) TIMES THE AGGREGATE AMOUNTS PAID OR PAYABLE TO LQAM PURSUANT TO THIS AGREEMENT IN THE SIXTH (6TH MONTH) PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Termination: Either Party may terminate this Agreement at any time, upon written Notice to the other Party. If Member terminates this Agreement at any date within Membership Period (“Termination Date”) but returns as a Member prior to the end of the original Membership Period (“Return Date”), Member will be billed for every month lapsed between the Termination Date and the Return Date.

Notice: A notice is effective only upon receipt by the receiving Party at the addresses contained herein. Notice may also be made to LQAM by email to: home.pc@lqam.com

Waiver: No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving.

Amendment and Entirety: This Agreement may be amended, modified, or superseded only by written instrument executed by each Party. This Agreement sets forth the entire agreement and understanding of the Parties with respect to the transactions contemplated hereby and supersedes all prior agreements, arrangements, and understandings relating to the subject matter hereof.

Force Majeure: LQAM shall not be liable or responsible to Member, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of LQAM including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, civil unrest, national emergency, strikes or other labor disputes, restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, or telecommunication breakdown or power outage.

Rights of Parties: This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

Choice of Law: This Agreement all related matters arising hereunder are governed by and construed in accordance with the laws of the State of Deleware.

Waiver of Jury Trial: EACH PARTY HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT TO HAVE A JURY PARTICIPATE IN THE RESOLUTION OF ANY SUIT, ACTION OR PROCEEDING SEEKING TO ENFORCE ANY PROVISION OF, OR BASED ON ANY MATTER ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT.

Electronic Signatures: Each party agrees that the electronic signatures of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record.

STATEMENT OF SERVICES

Members may purchase one of three Membership Services. Outlined below is a summary of services for each of membership option.

Membership Services: During a membership year, Maintenance Members are entitled to the outline of services for their choice of 3 membership levels.  Members will also have access to additional maintenance hours on request at the rate of $70 per hour.  Members will also have access to our vetted and preferred third party vendors at a 20% markup of total service cost. All material costs will be rebilled to the owner at a 20% markup.

During the membership year, all members shall receive the following seasonal services.

LQAM will confirm, in writing and in advance, dates and times of upcoming Maintenance Service appointments. All Maintenance Service appointments require written confirmation by the Member. LQAM reserves the right to cancel without reimbursement any Maintenance Service appointment that is not confirmed with 30 days of LQAM making contact.

Maintenance Hours: Included Monthly Maintenance hours can be used for handyman, maintenance tasks or supervision hours. For the Platinum and Diamond membership levels, the included maintenance hours will roll over for the trailing 3 and 6 months respectively.

LQAM has the right to use third party vendors at their discretion based on availability and scope of work.

Maintenance Services: Members will be assigned a dedicated project manager and project coordinator collectively responsible for overseeing on-demand Member requests. All on-demand services are billed in addition to Membership fees.  Members may solicit the following on-demand LQAM services including but not limited to:

House Cleaning

AC/HVAC Repairs
Appliance Repair
BBQ Cleaning
Caulking
Concrete/Flat Work
Countertops Repair/Replacement
Drywall Repair
Electrical Work
Garage Door Repair
Gutter Repair
Holiday Light Installation
Junk Removal
Odd Jobs
Out of Town Check-Up
Painting
Picture/Art Hanging
Plumbing Work
Pool Equipment Repair
Power Washing
Roof Repairs
Security/AV
Specialty Cleaning
Stucco/Masonry
Tile Work
Tree Trimming
Trim Work
TV Mounting
Window Screen Installation/Repair
Window Washing
Window/Door Replacement
Window/Glass Repair Fence Repair