Security Patrol Program TERMS OF SERVICE
Updated: May 30, 2023
By subscribing to, and paying for, the services from the Security Company (as defined below) being provided by the Association (as defined below), I (the Participant”) acknowledge and agree to comply with and be bound by the following:
1. Association. The Doheny/Sunset Plaza Neighborhood Association (“Association”) is voluntary membership organization comprised of residents, property owners and business licensees located within the Community as defined below. The Community shall mean and refer to the City of Los Angeles residences north of Sunset Boulevard in the 90069 zip code as well as residences in the zip code 90046 on Selma Drive west of Laurel Canyon Boulevard and north of Sunset Boulevard and on Crescent Heights Boulevard north of Sunset Boulevard, along with businesses on Sunset Boulevard in the 90069.
2. Licensed Patrol. The Association is engaging a licensed private patrol operator (“Security Company”), to provide, during certain hours, random roving patrols of certain streets, residences and businesses in Community based as the Association may determine from time to time.
3. Additional Services to be Provided. In addition to the general services provided in Subsection 2, Participant shall be eligible for the following additional services, among others: (1) Participant will receive the phone number of the Security Company personnel, Participant may call on the Security Company patrol to respond to issues at Participant’s residence/business during patrol hours without additional cost; (2) Participant may request vacation checks of Participant’s residence or business; and (3) Participant may request escorts to their door without additional fee during patrol hours. Participant may also arrange with Security Company to have Security Company respond at Participant’s residence/business during patrol hours to an alarm from Participant’s personal home/business security alarm company.
4. Payment for Services. In exchange for the services provided for herein, Participant agrees to pay to the Association in advance on a quarterly basis via an automatic payment system chosen by the Association. Participant authorizes the Association to deduct the payment from Participant’s account and/or charge Participant’s account as the case may be. Payments made by Participant are non-refundable. Payments shall not be pro-rated even if Participant moves or no longer desires the services provided herein at any time during a quarter.
5. Change in Hours, Services and Payment. The Association reserves the right to change, modify and/or discontinue, from time to time, the hours of patrol, the number of vehicles patrolling, the scope of the additional services, and the amount of the monthly payment, based upon the recommendations of the Association’ Security Committee and/or a change in services required by Security Company. It is Participant’s responsibility to periodically review these Terms of Service. Nevertheless, Association reserves the right, at any time, to change the Terms by publishing notice of such changes. Any use of the services by Participant after Association's publication of any such changes shall constitute Participant’s acceptance of these Terms, as modified.
6. Termination. Either party may terminate these Terms of Service with or without cause upon thirty (30) days prior written notice to the other party. Participant shall be obligated to pay Participant’s proportionate share for, and through, such 30-day notice period. Notwithstanding the foregoing, any additional services provided pursuant to Section 2, as may be amended, shall be automatically terminated in the event that any automatic payment is returned for not sufficient funds.
7. Hold Harmless. Participant understands and agrees that neither the Association nor the Security Company are an insurer and that insurance will be obtained by Participant, if Participant so desires. It is further understood and agreed that all sums payable under these Terms of Service are for the services of security officers whose presence are designed to detect or ensure certain risks of loss, which sums are unrelated to the value of the Participant’s personal or real property, which values are unknown to the Association or Security Company. All amounts charged by the Association under these Terms of Service are insufficient to guarantee that no damage, liability or loss, whether to person or property, will occur. Nothing herein is a warranty or guarantee, express or implied or otherwise, that the services to be provided under these Terms of Service or the Association’s Patrol Agreement with Security Company cannot or will not be comprised or circumvented, or that any damage, injury, liability, or loss (including loss of life), whether to person or property, will not occur.
Except as provided herein, Participant hereby agrees to indemnify, defend and hold harmless the Association and its directors, officers and agents from and against any and all claims, lawsuits, demands, damages, liabilities, or losses (collectively “Claims”), alleged to have been caused by Association and/or Security Company in connection with or arising out of Security Company’s performance or non-performance of Security Company’s duties pursuant to the terms of this Agreement. Participant understands and agrees that the Association shall not be liable for any damages, liabilities or losses of Participant, whether to person or property where such damages, liabilities or losses are due, in whole or in part, to any cause or condition beyond the control of Security Company, including, but not limited to, weather conditions, strikes, labor disputes, acts of God, natural disasters, the availability of fuel or other products or services necessary for the services or the support of the services being provided under this Agreement.
Participant agrees that the limitations of liability, the disclaimers of warranties and damages, the general release, and the indemnity set forth herein will survive and apply even if found to have failed of their essential purpose.
8. Notices. All notices, statements and other documents required to be given hereunder shall be given in writing, either by personal delivery, certified mail, return receipt requested, or electronic mail at the respective addresses of the parties.
9. Attorneys' Fees. In any motion, proceeding, or action at law or in equity, including any action for declaratory relief or indemnity, is brought to enforce these Terms of Service in any manner whatsoever, including with limitation, a motion proceeding, or action, to enforce or interpret any or all of the provisions of these Terms of Service, the prevailing party shall be entitled to recover its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled.
10. Governing Law. This Agreement shall be construed in accordance with, and governed by, the laws of the State of California, and the County of Los Angeles
11. Severability. In the event that any term, covenant, condition, or provision of these Terms of Service or any part of any term, covenant, condition, or provision shall finally be determined to be invalid, void, or unenforceable, such provision or part shall be deemed to be severed from these Terms of Service, and every other provision of these Terms of Service shall remain in full force and effect.
12. Construction. These Terms of Service shall be construed as a whole in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing the meaning of these Terms of Service. These Terms of Service shall be construed for or against any party based upon the contention that the party in question was the source of the language or clause in issue.
13. No Third Party Beneficiaries. Nothing in these Terms of Service is intended to confer any rights or remedies on anyone other than the parties to the Terms of Service and their respective successors, representatives and assigns. The provisions of these Terms of Service shall not entitle any person not a signatory to these Terms of Service to any rights as a third party beneficiary, or otherwise, it being the specific intention of the parties hereto to preclude any and all non-signatory parties from any such third party beneficiary rights, or any other rights whatsoever.
14. Entire Agreement, Modification; Waiver. These Terms of Service constitutes the sole, complete, and entire agreement among the parties, and supersedes and replaces all prior or contemporaneous oral or written agreements, representations, negotiations, or understandings of the parties. No prior agreement, promise, representation, warranty, or understanding, verbal or written, made by either party and which is not expressly contained in these Terms of Service shall be binding upon either of the parties hereto. This is an integrated agreement. No modification or amendment of these Terms of Service shall be binding unless executed in writing by all of the parties to these Terms of Service. There are no exceptions to this requirement and nothing else, including with limitation, detrimental reliance, conduct, or alleged oral agreements, shall be effective to alter these Terms of Service. No waiver of any of the provisions of these Terms of Service shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. No course of dealing or usage of the trade exists that would supplement or conflict with the terms of these Terms of Service.
15. Ability to Accept Terms of Service. Participant affirms that he/she/they is/are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
16. Third-Party Websites. Participant agrees that Participant’s use of third party websites and resources, including without limitation, is at Participant’s own risk and is subject to the terms and conditions of use applicable to such sites and resources.
17. Text Messaging. By signing up for this service you are providing SMS message opt-in consent to DSPNA Security Patrol. You will be able to opt-out of SMS messaging at any point by emailing us or by replying STOP or UNSUBSCRIBE to an SMS message. Text messaging will be used only for individual communication between participants and patrol officers.