PROSPECTIVE TENANT AGREEMENT AND RELEASE
1. MRER is a property management company and by this Agreement agrees to give Prospective Tenant the ability to enter and view potential rental properties without a MRER employee or agent accompanying the Prospective Tenant into the rental property as a convenience to the Prospective Tenant (“Rental Property Viewing”). MRER agrees to provide Prospective Tenant one or more codes for entry into one or more rental properties (collectively and each individually “Code”) to allow this Rental Property Viewing to occur. MRER also agrees, should Prospective Tenant rent one of the rental properties managed by MRER based on a Rental Property Viewing, to discount the processing fees charged to Prospective Tenant by $10.00 associated with Prospective Tenant’s rental of the rental property.
2. In exchange for MRER agreeing to allow Prospective Tenant to engage in Rental Property Viewing through the use of a Code and MRER agreeing to provide the $10.00 processing fee discount should Prospective Tenant rent a rental property based on a Rental Property Viewing, Prospective Tenant agrees, along with the other provisions of this Agreement, that:
a. Prospective Tenant will not provide the Code to any other person or entity, will not publish the Code in any way, will protect the confidentiality of the Code and will only use the Code for Rental Property Viewing in compliance with this Agreement;
b. Prospective Tenant shall be responsible for, and promptly pay for, any damage or theft that Prospective Tenant or any person accompanying Prospective Tenant into the rental property (“Guest”) causes to any rental property or any property contained on or within such rental property during, before or after any Rental Property Viewing;
c. Prospective Tenant and each Guest will comply with all laws while participating in any Rental Property Viewing and while being on, entering or exiting any rental property. Prospective Tenant will be personally liable for any violation by Guest of any law;
d. Prospective Tenant RELEASES, WAIVES, and DISCHARGES MRER and its owners, directors, officers, agents, members, insurers, and employees from any and all liability, claims, demands, actions, fees, and causes of action whatsoever, whether caused by the actual or alleged negligence of MRER or any of its owners, directors, members, officers, agents, employees, or any other person and whether foreseen or unforeseen, disclosed or undisclosed, matured or unmatured, in law, equity or otherwise arising from, as a result of, or related to any Rental Property Viewing or Prospective Tenant or any Guest being on, entering or exiting a rental property, including, without limitation, any claim for arising from or related to injury, disability, and/or illness; and
e. Prospective Tenant will indemnify, defend, and hold harmless MRER and its past, current and future predecessors, successors, divisions, parents, affiliates, agents, assigns, attorneys, officers, directors, members, employees, and all persons or entities acting by, through, under or in concert with any of them from and against any and all losses, damages, fines, penalties, liabilities, claims of liability, causes of action, costs, and expenses whatsoever, including, without limitation, attorneys’ fees, amounts paid in settlement and losses arising from or related to any injuries or damage to person or property arising out of or in connection with any Rental Property Viewing by Prospective Tenant; Prospective Tenant or any Guest being on, entering or exiting any rental property; any violation by Prospective Tenant of any provision of this Agreement; or any violation by Prospective Tenant or any Guest of any law, regulation, ordinance or standard. Prospective Tenant shall provide the above indemnity even if losses are due, or alleged to be due, in part to MRER’s concurrent or sole negligence or other fault, breach of contract or warranty, violation of any applicable customer protection statute, or strict liability without regard to fault. In addition to the reimbursement of MRER for reasonable costs and expenses, including attorney’s and witness fees, in relation to any claims brought against MRER, Prospective Tenant agrees to reimburse MRER for all reasonable costs and expenses, including attorney’s and witness fees, incurred by MRER as a result of responding to subpoenas (whether received directly by MRER or by its directors, officers or employees) in connection with any third party legal proceeding brought by or against Prospective Tenant or concerning any legal proceeding based on any breach of this Agreement by Prospective Tenant.
3. Prospective Tenant further represents and warrants that Prospective Tenant is fully aware of all risks and hazards of any Rental Property Viewing or being on, exiting or entering any rental property, including, without limitation, the risk of sickness, contracting COVID-19 or any other disease, physical injury, or disability as a result of any such injury, and Prospective Tenant represents that Prospective Tenant is voluntarily participating in the Rental Property Viewing. Prospective Tenant agrees to voluntarily assume, and by signing below does voluntarily assume, full and complete responsibility for any loss, property damage, personal injury, disability, sickness, contracting COVID-19 or any other disease, or other damage that Prospective Tenant may sustain as a result of, related to or arising from any Rental Property Viewing or Prospective Tenant or any Guest being on, entering or exiting a rental property, including, without limitation, any claim for arising from or related to injury, disability, and/or illness. Prospective Tenant also represents and warrants that it is Prospective Tenant’s express intent that this Agreement bind the Prospective Tenant’s heirs, assignees, representatives and family members.
4. Any dispute in the meaning, effect, or validity of this Agreement shall be resolved in accordance with the laws of the State of Texas without regard to the conflict of laws provisions thereof or of any other state or jurisdiction. Venue of any litigation arising from or related to this Agreement shall exclusively be in a federal or state court of competent jurisdiction in Tarrant County, Texas. The Parties also agree that this Agreement and its terms are legally binding and enforceable.
5. This Agreement sets forth the entire agreement between the Parties concerning the subject matter of this Agreement, and fully supersedes any and all other prior agreements, understandings, or representations between the Parties pertaining to the subject matter of this Agreement. Prospective Tenant represents and acknowledges that, in executing this Agreement, Prospective Tenant did not rely, and has not relied, on any representation(s) by MRER or any of its officers, directors, employees or representatives, except as expressly contained in this Agreement. Rather, Prospective Tenant relied on Prospective Tenant’s own judgment. Nothing in this Agreement requires any rental property to be rented to Prospective Tenant. In the event any court of competent jurisdiction holds any provision of this Agreement to be invalid or unenforceable, such invalid or unenforceable portion(s) shall be limited or excluded from this Agreement to the minimum extent required, and the remaining provisions shall not be affected and shall remain in full force and effect.
By signing this Agreement, Prospective Tenant acknowledges, represents and warrants that Prospective Tenant has read the foregoing Agreement, understands the Agreement, and is at least eighteen (18) years of age and fully competent to sign and enter into this Agreement.
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