The Done For You Real Estate

T.E.A.M.S. Service Agreement



“Client” and Real Estate Firm LLC d/b/a Done For You Real Estate, USA, a Utah limited liability company (together with their affiliates, “DFY”) agree as follows:


1. SERVICES.

DFY agrees to provide Client the following services (collectively “Services”) in accordance with the terms and conditions of this Agreement:

(a) General education and educational materials for the purpose of assisting the Client in acquiring real estate to be held and owned by Client for investment purposes (“Qualified Properties” or “Qualified Property”). For the purposes of this Agreement, a "Qualified Property" refers to any real estate property that meets the investment criteria established by DFY and is intended for long-term or mid-term rental purposes.

(b) Access to DFY’s exclusive relationships with qualified and licensed professionals, including but not limited to mortgage brokers, real estate brokers and agents, 1031 service providers, qualified and self-directed funds service providers, tax, bookkeeping and accounting service providers, contractors, property managers, property inspectors, appraisers, and insurance agents/companies, and other service providers as may be needed (collectively “Qualified Professionals”), who may assist Client in obtaining and maintaining Qualified Properties. Client acknowledges that all such Qualified Professionals are independent contractors and not employees or agents of DFY.

(c) Identification of a DFY representative to act as the point of contact (an “Acquisition Coach”) who will coordinate communication between Qualified Professionals and the Client to help acquire a Qualified Property.

(d) Access to available inventory of Qualified Properties through exclusive relationships with licensed real estate agents, provided that DFY will not recommend or promote investment in any specific Qualified Property.

(e) Annual property and market review, annual game plan review; and

(f) Ongoing support and service from the Portfolio Optimization Team to assist in making decisions and coordinating communication with local property management and other real estate-related services.


2. COMPENSATION.

Client shall pay a flat fee of $6,995 per transaction for a long-term rental property and $9,995 per mid-term rental property (the “T.E.A.M.S Fee"), less any applicable discount and/or special promotions. Subject to Section 9 hereof, the T.E.A.M.S Fee shall be due and payable at the time of closing for each Qualified Property acquired by Client and in relation to which DFY provided any Services. No payment shall be due until and unless Client has successfully closed on the acquisition of a Qualified Property.

The T.E.A.M.S. Fee shall be paid to the broker of the agent representing Client per a Buyer Agent Contract and reflected on the Closing Settlement Statement, to then be remitted and payable to DFY by such associated broker out of the total closing payment for any applicable Qualified Property acquisition.

The acquisition of Qualified Properties by Client shall be brokered by a licensed real estate agent and associated brokerage, and Client shall be represented by a licensed real estate agent, each located in the same state as the Qualified Properties to be acquired. The T.E.A.M.S Fee will be disclosed as a buyer-paid commission in the Buyer-Agent contract with the real estate agent representing Client in the acquisition of the Qualified Property.

This agreement shall be enforced for the duration of the Client/DFY relationship, subject to Section 9 hereof, and shall apply to the purchase of multiple properties over the course of multiple years. If this Agreement is terminated, any fees for services rendered up to the point of termination shall be due and payable as provided in this Agreement, prorated as necessary.


3. CONFIDENTIALITY.

DFY shall not disclose, divulge, reveal, report, or use, for any purpose, information reasonably considered to be private or proprietary to the Client, including any of Client’s financial information, communications between DFY and Client, and all documents, materials, reports, estimates, information, and the like developed by, obtained by, or received by DFY (the “Confidential Information”), except as required to perform the Services hereunder, or as otherwise authorized by the Client or required by law. Client authorizes DFY to share client personal information pertinent to the purchase of investment property with the Qualified Professionals being introduced to the client by DFY, including but not limited to real estate agents, mortgage brokerages and lending institutions, property suppliers, property management companies, insurance agents/companies, and others who are part of the team that make up the professionals contracted to provide the services required in the purchase and ongoing management of investment property.

DFY will adhere to applicable privacy and data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), when handling client information. The obligations of confidentiality will apply for so long as this Agreement remains in effect and will survive indefinitely upon termination of this Agreement.


4. CAPACITY/INDEPENDENT CONTRACTOR RELATIONSHIP.

DFY is not an agent or employee of Client but is an independent contractor and will perform the Services as an independent contractor and shall maintain complete control over and be responsible for all of its employees and operations. Neither DFY nor anyone employed by it shall be, represent, act, purport to act, or be deemed to be the agent, representative, employee, or servant of Client. This Agreement shall not be deemed to create any form of business organization between or among the parties hereto or as giving DFY any type of property interest in any Qualified Property, nor is any party granted any right or authority to assume or create any obligation or responsibility on behalf of any other party, nor shall any party be in any way liable for any debt of one of the others.


5. SERVICES DISCLAIMER.

Client acknowledges and agrees that DFY is not a licensed real estate brokerage, and that all licensed activities will be conducted by associated brokerages and real estate agents. DFY has not been engaged by Client to represent them or provide any service that may create a fiduciary duty or require any professional licensing, including but not limited to presenting a property or writing an offer.

Client acknowledges and agrees that DFY shall not provide, and the Services shall not include, any legal, tax, investment, or financial services, nor shall DFY provide any other services to be provided by a Qualified Professional. Client acknowledges that DFY Services shall not constitute legal, accounting, finance, investment, or tax advice, including with regard to Section 1031 of the Internal Revenue Code. Client acknowledges that none of the Services, or any statement or materials provided by DFY, shall include any warranty or representation to Client with respect to investment in a specific Qualified Property, the risks of an investment in a specific Qualified Property, or the tax consequences of such an investment in a Qualified Property.

Client has been advised to work with licensed real estate professionals to assist Client in acquiring any Qualified Properties and to consult with other appropriate professional service providers as needed, including tax, legal, finance, and accounting professionals.

Although DFY may provide information and general education relating to real estate investment approaches and the acquisition of real estate properties, nothing contained in the materials or presentations provided by DFY shall be construed as a solicitation, recommendation, endorsement, or offer by DFY or any third party to buy or sell any securities or other financial instruments or any particular real property. Any properties that may be found on the DFY website are example properties similar to/or may be properties that DFY clients have purchased through licensed professionals in the state in which they are found or are other properties vetted for illustrative purposes only and are not for sale through the DFY website or from DFY.


Client shall engage directly with any referred Qualified Professionals, the terms of service and payment with respect to which shall be between Client and such Qualified Professional, and which shall operate independently from the terms of this Agreement and the Services provided hereunder. DFY makes no representation or warranty about the credibility or suitability of any Qualified Professionals referred to Client. DFY shall not be responsible for any act or omission of any Qualified Professional.


6. INDEMNIFICATION.

Client agrees to indemnify and hold harmless DFY, its affiliates, officers, agents, and employees from and against any and all claims, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or resulting from Client’s use of the Services provided under this Agreement, except to the extent caused by the gross negligence or willful misconduct of DFY.


7. LIMITATION OF LIABILITY.

In no event shall DFY’s 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 the sum of the T.E.A.M.S. Fees payable to DFY by Client pursuant to the terms of this Agreement in the 12-month period preceding the event giving rise to the claim.


8. INTELLECTUAL PROPERTY.

DFY is, and shall remain, the sole and exclusive owner of all right, title, and interest in and to the general educational materials or presentations utilized in the course of providing the Services (the “Materials”), including all intellectual property rights therein, including but not limited to any patent, trademark, service mark, trade name, copyrights or copyrightable works, trade secrets, know-how, and other confidential information, whether registered or unregistered.


9. TERMINATION.

Either Party may terminate this Agreement at any time for any reason upon ten (10) days prior written notice to the other Party. In the event of termination pursuant to this Section 9, Client will remain obligated to pay DFY all amounts payable hereunder for the Services rendered as of the date of termination for any Qualified Property, such payment to be made at the applicable Closing pursuant to Section 2 hereof regardless of whether the acquisition of the Qualified Property closes during or after the date of termination of this Agreement. If termination occurs after significant work has been completed but before closing, DFY may invoice the Client for a prorated portion of the T.E.A.M.S Fee, reflecting the work done up to the point of termination.


10. MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES.

Notwithstanding any other provisions of this Agreement to the contrary, neither Party, including their officers, agents, servants, and employees, shall be liable to the other for lost profits or any specific, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type of nature based on any theory of liability (including, without limitation, contract, tort, or warranty) even if the possibility of such damages has been communicated.


11. NON-CIRCUMVENTION.

The Client agrees, represents, and warrants that it shall not, directly or indirectly, except in collaboration with or with the prior express written consent of DFY, circumvent DFY with respect to any prospective acquisition of any Qualified Property in connection with which Services have been provided or engaging any Qualified Professionals in DFY’s network with respect thereto. This obligation shall continue for a period of two (2) years following the termination of this Agreement.


12. DISCLAIMER OF WARRANTIES.

DFY hereby disclaims all warranties, either express or implied, statutory or otherwise under this Agreement, including all implied warranties of merchantability and fitness for a particular purpose.


13. BINDING EFFECT.

This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, and assigns.


14. GOVERNING LAW.

This Agreement will be deemed to have been made, executed, and delivered in the State of Utah and will be governed by and enforced in accordance with the laws of such state, excluding conflicts of law rules. The state and federal courts sitting in the State of Utah will have exclusive jurisdiction over all controversies that may arise under or in relation to this Agreement. The parties hereby consent to the personal jurisdiction of the State of Utah and waive any other venue to which they might be entitled by virtue of domicile, habitual residence, or otherwise. The parties agree to attempt to resolve disputes through mediation before pursuing litigation.


15. NOTICE.

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email if sent during normal business hours of the recipient, and on the next business day if sent after normal business hours of the recipient; and (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid. Such communications must be sent to the respective parties at the addresses respectively indicated for each party on the signature page hereto (or at such other address for a party as shall be specified in a notice given in accordance with this Section 15).


16. ENTIRE AGREEMENT.

This Agreement constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter, and the same may not be amended or modified orally. The parties do not confer any rights or remedies upon any person other than the parties to this Agreement and their respective successors and permitted assigns.


17. CAPTIONS.

The captions of this Agreement are for convenience and reference only and in no way define, describe, extend, or limit the scope or intent of this Agreement, or the intent of any provision hereof.


18. COUNTERPARTS.

This Agreement may be executed in any number of counterparts, each of which when so executed and delivered, shall be deemed an original, but all such counterparts taken together shall constitute only one instrument. A signed copy of this Agreement delivered by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement.


19. WAIVER.

The waiver by any party hereto of any right granted to it hereunder shall not be deemed to be a waiver of any other right granted hereunder, nor shall the same be deemed to be a waiver of a subsequent right obtained by reason of the continuation of any matter previously waived.


20. SEVERABILITY AND SAVINGS PROVISION.

If any provision of this Agreement or any portion of any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not alter the remaining portion of such provision or any other provision hereof, as each provision of this Agreement shall be deemed severable from all other provisions hereof so long as removing the severed portion does not materially alter the overall intent of this Agreement.


21. ACCEPTANCE AND AGREEMENT.

Both parties understand and agree that the terms of this agreement are binding (1) upon acknowledging and/or signing this agreement; (2) upon completion of services, whether this agreement has been signed or acknowledged or not; and (3) upon an acknowledgment of this agreement on the “Shopping Client Getting Started” landing page, bind the parties to this agreement. Electronic signatures and/or acknowledgments are legally binding under the U.S. E-SIGN Act and any applicable state electronic transactions laws.

CLIENT HEREBY ACKNOWLEDGES AGREEMENT TO THE TERMS OF THIS T.E.A.M.S FEE AGREEMENT SET FORTH ABOVE.

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590 Timpanogos Pkwy,

Orem, UT 84097

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590 Timpanogos Pkwy,

Orem, UT 84097

No Investment Advice:

The information provided to you by us is for information, education and instructive purposes only. We are not a licensed investment advisor and do not intend to provide you any investment advice. Although we may provide information and education relating to real estate investment approaches and where to acquire real estate properties, you should not construe any information, features, tools or other content provided by us as legal, tax, investment or financial advice. We are not acting as agent for any entity offering its securities. Nothing contained in the materials or the presentations provided to you shall be taken by you (or is meant to be taken by you) as a solicitation, recommendation, endorsement or offer by us or any third party to buy or sell any securities or other financial instruments.

You alone assume the sole responsibility of evaluating the merits and risks associated with the use of any information provided to you before making any decisions based on the information and services provided to you. In exchange for the services provided to you, you agree not to hold us or any of our employees or affiliates liable for any possible claim for damages arising from any decision you make based on information made available to you. No investment, legal or tax advice is given to you and you should consult your own licensed tax, legal or other advisors for such advice before you implement your financial decisions. No information that we give or provide to you shall be construed by you as a recommendation by us to invest the equity in your home or in any retirement or savings accounts. If you believe that any of our services provided to you are not consistent with the statements herein, contact us immediately so that we can clarify and/or modify any presentations to be consistent with this Agreement. You agree to indemnify us for any damages, losses or expenses that we incur as a result of any claims or statements by you that we provided services to you in violation of this section.

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