LittleBird Visitor Access Agreement

Property Management has one or more units (“Units”) for lease to potential tenants. As part of the leasing process, under the terms of this Agreement, you will be allowed to visit the Units without being escorted by a representative of Property Management. Property Management will only permit your unescorted access to Units if you agree to the terms listed below in this Agreement. You will be permitted to gain access to Units by accepting these terms and conditions in connection with the LittleBird App, and by providing the information required by this Agreement, including photo identification and / or credit card information. Upon receipt of your acceptance of this Agreement, and your submission and the verification of the information and materials required herein, the LittleBird Manager Portal will provide you with an access code to use to gain access to the Units. By your acceptance of this Agreement and submission of the required information, you will be permitted to gain access to the Units, only for the purposes of your viewing of the Units in contemplation of leasing a Unit from the Property Management. Accordingly, you agree to the following terms and conditions, and such other terms, provisions and conditions as LittleBird and/or the Property Management may impose, either on the homepage of the Property Management’s website, the LittleBird website, or by one or more notices on site on the Units. If you do not agree to the terms of this Agreement, you may not access Units.

  1. Upon your agreement to the terms, provisions and conditions of this Agreement, and your submission of the required information and the verification thereof, you will be given permission to access the Units of the Property Management, solely for the purposes of the orderly and lawful viewing and walkthrough of the Units in contemplation of your potential lease of a Unit from the Property Management.  This permission to access the Units is given solely to you, and is not transferable or assignable to any other party under any circumstances.  This permission constitutes a “revocable license” to access the Units, meaning that you have “permission” to access the Units, which permission may be revoked by the Property Management at any time. Property Management may reject your request to view any Unit for any legally permissible purpose.  Please remember that, in accessing and viewing the Units, you are the Property Management’s guest and, at all times, you should conduct yourself in a safe, lawful, courteous and respectful manner, and in the same way in which you would request that others treat your property.  This permission to access the Units is given to you, your immediate family members and to one guest of your choosing.  You shall not provide the access code to any other person. You, your immediate family members and your [one (1)] guest (collectively, your “Guests”) shall be allowed access to the Units.  If you would like to view the Units again, you must reregister to obtain another access code pursuant to the terms of this Agreement. You will be considered a trespasser for any access into the Units for any unauthorized re-entry. Property Management shall be entitled to exercise all legal and equitable remedies for any such unauthorized visit.
  2. At no time shall you perform any type of invasive inspections of Units or inspections that may damage Units, including, but not limited to, any type of puncture to the floor, ground, walls, or roof of a Units, or any digging, staking or underpinning of Units. Any Units you tour shall be left in the same condition as it was upon your entry.  You will be liable for any loss, damage or theft (“Loss”) that occurs during your visit(s) to the Units. Further, you hereby agree to defend, indemnify and hold harmless the Property Management and its subsidiaries and affiliates, and its respective directors, officers, employees, owners, operators, partners, members, shareholders, agents, consultants and representatives, from and against any claims, actions, causes of action and/or liabilities arising from or in any way related to a Loss.
  3. You assume all risks and all liability for yourself and your Guests that may occur as a result of your entry into and visits to the Units. LittleBird and Property Management assume no liability or responsibility for any damages or injuries suffered by you or your Guests while visiting the Units, including damages or injuries relating to exposure to any bacteria, virus or disease, including COVID-19. You, for yourself and your Guests, release LittleBird and Property Management of and from any and all present and future claims, damages, actions, liabilities and causes of action, that arise out of or in any way relate to any injury or property damage (including, but not limited to, personal injury and injury relating to exposure to any bacteria, virus or disease, including COVID-19) to you or your Guests while visiting the Units and/or the site in which the Units is/are located. To the maximum extent allowed by law, you, for yourself and your Guests, hereby release and waive (and are hereby estopped to assert) any and all claims to the contrary. You further agree to indemnify and hold harmless LittleBird and Property Management from any and all claims, losses, damages and/or costs (including, without limitation, attorney’s fees and court costs) incurred by LittleBird and/or Property Management as a result of any claims made, or attempted to be made by you and/or your Guests. All defenses to the aforesaid obligation by you and your Guests are hereby waived.
  4. You understand and acknowledge that security cameras and related technologies may be placed in and around the Units and you, for yourself and your Guests, consent to audio and video recordings during the visit(s).  These recordings will be the sole property of the Property Management, and may be used by the Property Management for its business purposes as the Property Management may determine in its sole discretion.  Without limitation to the foregoing, you and your Guests shall have no rights or expectations of privacy with respect to these recordings, and understand that the Property Management may disclose the same to third parties, including, but not limited to, law enforcement authorities in the event of any actual or suspected malfeasance or misfeasance occurring during your visit(s) to the Units.
  5. In the event of any emergency, call 911. If you need any non-emergency assistance during your visit(s) to the Units, you should immediately contact the Property Management in accordance with the information posted at the Units.  The Property Management assumes no risk or responsibility for the actions of third parties in connection with your visit(s) to the Units.  Without limitation to the foregoing, you understand that your visit(s) to the Units is/are not supervised and may not be monitored in real time (although the Property Management reserves the right to monitor the same in real time) by the Property Management, its agents, employees or contractors.
  6. By providing the information required for you to use the LittleBird App, you consent to the use and disclosure of such information by the Property Management and Level Up Holding Co., Inc. (“LittleBird”), as contemplated and/or intended by this Agreement, including, but not limited to, the use and/or disclosure of such information to verify your identity and to use and process your credit card and for use such information for its business purposes as such parties may determine in their sole discretion, including to contact you about Units for leasing and marketing purposes, in accordance with the LittleBird privacy policy located at https://www.golittlebird.com/pages/privacy-policy-2021 and the Property Management’s privacy policy.  Without limitation to the foregoing, you understand that third party companies and/or contractors and/or third party systems and/or services may be used to verify your identity and/or verify and process your credit card and to process and store your information.  Also, in the event of any legal proceedings brought or initiated and/or prosecuted in connection with this Agreement, you authorize the full use and release of your information as provided in this Agreement.  Further, in the event of any need or reasonably perceived need to disclose your information to governmental agencies and/or law enforcement authorities in connection with the activities contemplated by this Agreement, the same are fully authorized irrevocably by you.
  7. If you violate any of the provisions of this Agreement, or cause any damage, liability, claim or loss to LittleBird and/or the Property Management, including the Units, you will be in default under this Agreement.  If you default under this Agreement, you will be responsible for all costs, expenses, liabilities and/or losses arising therefrom, or in any way related thereto, including, but not limited to, reasonable attorney’s fees incurred by LittleBird and/or the Property Management. LittleBird and the Property Management shall have all rights and remedies, at law, or in equity, in the event of your default and/or in the event of any other malfeasance or misfeasance by you or your Guests.  All parties agree that any claim, controversy and/or dispute, of any kind or nature, arising under, or in any way related to this Agreement, and/or the activities contemplated by this Agreement, shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association for abbreviated proceedings before a single arbitrator.  Each party shall pay their own costs of arbitration, however, the arbitrator shall have the right to award a reimbursement of costs to the prevailing party, including, but not limited to, reasonable attorney’s fees.  The award of the arbitrator shall be specifically enforceable in accordance with the rules and/or laws of the jurisdiction in which the Units is/are located.  This Agreement shall be governed in accordance with the laws of the state in which the Units is/are located, without regard to the principals of conflicts of laws.  In any court proceedings, the parties expressly waive their right to trial by jury.  Exclusive jurisdiction and venue for any legal proceedings shall be in the state and county where the Units are located.
  8. This Agreement shall be binding upon, and shall inure to the benefit of, LittleBird, the Property Management, and you, and each party’s’ respective heirs, personal representatives, successors and permitted assigns.  You understand that you are not permitted to assign your rights or interests in this Agreement, your permission to view the Units and/or your code given pursuant to this Agreement to view the Units.  LittleBird and the Property Management shall have the right at any time to assign its interests in this Agreement to its affiliates and/or any successor.
  9. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and may not be altered or amended, except in writing, signed by the parties.  Without limitation to the foregoing, LittleBird and the Property Management are not responsible for or bound to any statements, representations and/or other communications which are not expressly set forth in this Agreement.
  10. The information required from you by this Agreement is set forth in the application form which accompanies this Agreement.  You should fully and truthfully complete the application form and download/provide any document, instrument, material and/or other item which is required to accompany the application form.
  11. By your signature to this Agreement, either electronically or in person, and/or your consent provided to this Agreement, either electronically or in person, you hereby agree to be bound by all terms, provisions and conditions of this Agreement.  All of the terms, provisions and conditions of this Agreement shall survive your visit(s) to the Units, and shall remain binding and enforceable on you, LittleBird, and the Property Management, in accordance with the terms hereof.
  12. By your signature to this Agreement, either electronically or in person, and/or your consent provided to this Agreement, either electronically or in person, you hereby agree and consent to receive autodialed text messages from and on behalf of LittleBird, the Property Management and/or their affiliates relating to your self-guided home tour to the phone number you provided. You also agree that receiving text messages is not required or a condition of any purchase and that message and data rates may apply. You further agree and consent to receive email(s) from LittleBird, the Property Management and/or their affiliates relating to your self-guided home tour at the email address you provided and that receiving email messages is not required or a condition of any purchase.

This is a legally binding document. If not understood, please seek appropriate legal counsel.