Service Agreement

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SERVICE MANAGEMENT AGREEMENT
This SERVICE MANAGEMENT AGREEMENT is between SMOKY MOUNTAIN SERVICE MANAGEMENT LLC d.ba. PropertySense (hereinafter “PropertySense”) a Tennessee Service Management Limited Liability Company and
Name*
First Last
(hereinafter “Client”) a
Business Entity*
The parties agree as follows:
● PropertySense OBLIGATIONS.
1. PropertySense shall perform property maintenance and cleaning services for
Address*
Street Address Address Line 2 City State ZIP Code
All services and materials provided by PropertySense is guaranteed to be as specified in accordance with the standard practices of the specific industry. Cleaning services will be set at the rate of
Dollars*
per cleaning.
1. PropertySense shall perform property maintenance and cleaning services set forth by the terms of this agreement.
● Property maintenance does not include major equipment and/or building repairs. Client is responsible for contracting all major service repairs.
1. PropertySense shall perform property maintenance set at the rate of forty-five (45) dollars per hour not including parts or supplies.
● In the event that emergency maintenance services are requested to the property after normal business hours, an hourly rate of seventy-five (75) dollars per hour not including parts or supplies, will be issued. Normal business hours are defined as: Monday through Sunday nine (9) A.M. – (5) P.M.
● Property Maintenance services will be provided at the request of the client. The scope of work will vary based on the nature of the service call. PropertySense will communicate any additional findings not outlined in the request for service prior to starting the service.
● Cleaning Services shall be performed as outlined in the PropertySense Quality Assurance guideline.
● Cleaning Services include the following the following items at no additional charge:
1. Starter supply of amenities that include the following: Bar Soap, Toilet Paper, Paper Towels, Dish liquid soap, dishwasher detergent, small trash can liners, kitchen trash can liners, exterior trash can liners. The items listed above and quantities are determined and provided by PropertySense and are subject to change based on availability, cost of goods.
2. Standard linen service that includes the following: Sheets, Bath Towels, Hand Towels, Wash Cloths, and Pillow Cases. The above items will be laundered after each cleaning service is performed. Items such as Mattress Pads, Comforters, Shams, and Blankets will be laundered at an additional charge to the client.
3. Pre-Arrival Inspection. A Pre-Arrival Inspection will be conducted up to twelve (12) hours prior to the arrival of the client’s guest. The Inspection will include the following: Completion of the PropertySense Inspection Form. Replacement of the following items based solely on the discretion PropertySense: remote control and smoke detector batteries, furnace filters, and shower liners. The items listed above and quantities are determined and provided by PropertySense and are subject to change based on availability, cost of goods.
4. PropertySense shall provide the client with linens for the property outlined in this contract until termination of the contract. The client agrees that PropertySense will retain all rights to the linens. In the event of cancellation of service all linens are returned to PropertySense. In the event that linens are not returned to PropertySense, the client agrees to pay for linens based on current cost of replacement at the time contract is terminated.

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Client Obligations
Client shall use PropertySense to perform property maintenance and cleaning services for
Property Address*
Street Address Address Line 2 City State ZIP Code
Property Maintenance service will be provided at the request of the client.
PropertySense will communicate and provide and quote the cost for the service prior to starting the service. Payment for services rendered must be paid in full within fourteen (14) days of the invoice date. In the event that payment is not received after the fourteen (14) day of the invoice due date a late fee of five (5) percent will be issued to the total amount of the invoice.
● REPRESENTATIONS OF THE PARTIES.
1. PropertySense hereby represents that the execution, delivery and performance of this agreement has been duly and validly authorized. This agreement has been duly executed and delivered. This agreement constitutes a legal, valid, and binding obligation, enforceable in accordance with its terms.
2. Client hereby represents that the execution, delivery and performance of this agreement has been duly and validly authorized. This agreement has been duly executed and delivered. This agreement constitutes a legal, valid, and binding obligation, enforceable in accordance with its terms.

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Additional Terms
This Agreement will commence on*

(the “Effective Date”), and shall remain in effect until PropertySense and/or the client submits a letter of cancellation seven (7) days prior to the last day of service.
Client shall carry fire, tornado, and other insurance necessary to protect against loss to Client’s properties. PropertySense shall maintain all necessary forms of insurance to protect the client from liability for any occurrence arising from PropertySense’s performance of this Agreement, including general liability insurance.
1. Pricing not set forth in this Agreement shall become part of this Agreement only by way of an addendum agreed upon in writing (including Email) by both parties in advance. PropertySense shall prepare and send to Client a written addendum that will include the price, detailed description of the service provided including but not limited to materials, supplies, and/or properties, and the adjusted date of completion, if applicable. Upon receipt of an Email from Client confirming Client’s acceptance of the addendum, the addendum shall become part of this agreement.
● FORCE MAJEURE.
A party will not be in breach of or in default under this agreement on account of, and will not be liable to the other party for, any delay or failure to perform its obligations under this agreement by reason of fire, earthquake, flood, explosion, strike, riot, war, terrorism, or similar event beyond that party’s reasonable control (each a “Force Majeure Event”). However, if a Force Majeure Event occurs, the affected party shall, as soon as practicable:
● notify the other party of the Force Majeure Event and its impact on performance under this agreement; and
● use reasonable efforts to resolve any issues resulting from the Force Majeure Event and perform its obligations under this agreement.
● GOVERNING LAW.
● Choice of Law.
The laws of the state of Tennessee govern this agreement (without giving effect to its conflicts of law principles).
● Choice of Forum.
Both parties consent to the personal jurisdiction of the state and federal courts in Sevier County, Tennessee.
● Attorneys’ Fees.
If either party employs attorneys to enforce any rights arising out of or relating to this agreement, the losing party shall reimburse the prevailing party for its reasonable attorneys’ fees and costs.
● AMENDMENTS.
No amendment to this agreement will be effective unless it is in writing and signed by the parties’ respective authorized representatives.
● ASSIGNMENT AND DELEGATION.
● No Assignment.
Neither party may assign any of its rights under this agreement, except with the prior written consent of the other party, which consent may not be unreasonably withheld. All voluntary assignments of rights are limited by this subsection.
● No Delegation.
Neither party may delegate any performance under this agreement, except with the prior written consent of the other party, which consent may not be unreasonably withheld.
● Enforceability of an Assignment or Delegation.
If a purported assignment or purported delegation is made in violation of this section 8, it is void.
● COUNTERPARTS; ELECTRONIC SIGNATURES.
● Counterparts.
The parties may execute this agreement in any number of counterparts, each of which is an original but all of which constitute one and the same instrument.
● Electronic Signatures.
This agreement, agreements ancillary to this agreement, and related documents entered into in connection with this agreement are signed when a party’s signature is delivered by facsimile, email, or other electronic medium. These signatures must be treated in all respects as having the same force and effect as original signatures.
● SEVERABILITY.
If any one or more of the provisions contained in this agreement is, for any reason, held to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability will not affect any other provisions of this agreement, but this agreement will be construed as if those invalid, illegal, or unenforceable provisions had never been contained in it, unless the deletion of those provisions would result in such a material change so as to cause completion of the transactions contemplated by this agreement to be unreasonable.
● NOTICES.
● Writing; Permitted Delivery Methods.
Each party giving or making any notice, request, demand, or other communication required or permitted by this agreement shall give that notice in writing and use one of the following types of delivery, each of which is a writing for purposes of this agreement: personal delivery, mail (registered or certified mail, postage prepaid, return-receipt requested), nationally recognized overnight courier (fees prepaid), facsimile, or email.
● Addresses.
A party shall address notices under this section 11 to a party at the following addresses:
If to the PropertySense:
Travis Russell COO
1510 W. Meadow Court, Ste A
Sevierville, TN 37862
Email: travis@propertysense.net
If to Client:
First Last
Mailing Address:*
Street Address Address Line 2 City State ZIP Code
Email*
● Effectiveness.
A notice is effective only if the party giving notice complies with subsections (a) and (b) and if the recipient receives the notice.
● WAIVER.
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this agreement will be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy will be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, and no waiver will constitute a continuing waiver, unless the writing so specifies.
● ENTIRE AGREEMENT.
This agreement constitutes the final agreement of the parties. It is the complete and exclusive expression of the parties’ agreement with respect to the subject matter of this agreement. All prior and contemporaneous communications, negotiations, and agreements between the parties relating to the subject matter of this agreement are expressly merged into and superseded by this agreement. The provisions of this agreement may not be explained, supplemented, or qualified by evidence of trade usage or a prior course of dealings. Neither party was induced to enter this agreement by, and neither party is relying on, any statement, representation, warranty, or agreement of the other party except those set forth expressly in this agreement. Except as set forth expressly in this agreement, there are no conditions precedent to this agreement’s effectiveness.
● HEADINGS.
The descriptive headings of the sections and subsections of this agreement are for convenience only, and do not affect this agreement’s construction or interpretation.
● EFFECTIVENESS.
This agreement will become effective when all parties have signed it. The date this agreement is signed by the last party to sign it (as indicated by the date associated with that party’s signature) will be deemed the date of this agreement.
● NECESSARY ACTS; FURTHER ASSURANCES.
Each party shall use all reasonable efforts to take, or cause to be taken, all actions necessary or desirable to consummate and make effective the transactions this agreement contemplates or to evidence or carry out the intent and purposes of this agreement.
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Signature Name*
First Last Title
Signature Date*
Signature*
Name
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SERVICE MANAGEMENT AGREEMENT

Client Obligations

Additional Terms