RIGHT OF ENTRY/HOLD HARMLESS AGREEMENT
As a REALFire program participant, I understand that I am required to permit and participate in a wildfire property assessment on my property with a REALFire Assessor. Based upon the results of the property assessment, the REALFire Assessor will work with me to take steps that may reduce the risk of wildfire damage to my property. I acknowledge and agree to the following:
RIGHT OF ENTRY: I certify that I am the owner or the owner’s authorized agent of the above described property, and that I have the legal authority to enter into this Agreement. I grant freely and without coercion the right of access and entry to my property to REALFire, its agents and authorized Contractors at a mutually agreed upon date and time to assess my property for the risk of wildfire damage, to develop a customized wildfire mitigation report designed to reduce the risk of wildfire damage, to mark vegetation for removal with paint and to make follow up visits to my property to make sure I am fully prepared for future wildfires.
RELEASE AND HOLD HARMLESS: I understand that this Agreement/Permit is not an obligation upon REALFire to perform any work my property. I hereby release, waive, discharge and hold harmless REALFire, Vail Board of REALTORS®, Eagle County, Vail Fire and Emergency Services, Eagle River Fire Protection District, Basalt and Rural Fire Protection District, its elected and appointed officials, and its employees, agents and representatives, and Wildfire Mitigation Specialists from all claims, liabilities, damages, losses, or expenses on account of damage to property, bodily injury, or death resulting from my participation in the REALFire program. By participating in the REALFire program and by executing this agreement, it is my express intention and I hereby waive any and all claims which I might have to bring in any form, whether legal or equitable, arising out of my participation in the REALFire program and any incidence relating to, but not limited to, the performance of Assessment, Inspection and Educational Work by any released party herein.
DISCLOSURE OF PROPERTY OWNER INFORMATION: I understand that REALFire will collect data regarding my property in order to prepare a customized fire mitigation plan and may publish countywide maps of certified REALFire homes (names and addresses will not be included on maps). With the exception of local fire districts mentioned below, REALFire will not share this data with third parties. I further understand that to the extent the data is public information, disclosure may be subject to the Colorado Open Records Act (C.R.S. 24-72-201 et seq.) and other legal requirements. REALFire will not disclosure to third parties, except as required by law, any personal information they may collect in connection with my participation in the program. REALFire will share program information with program funders as part of normal program reporting. I further acknowledge that REALFire will disclose the name, address and status of program participants to their local fire protection district. Additionally, I understand that if a participant in REALFire (including myself) wants to know which of his or her neighbors are also participating in the program in order to help coordinate wildfire mitigation efforts, REALFire will provide this information to those program participants.
DISCLAIMER: I have read and understand the following Disclaimer:
While the purpose of the REALFire Property Assessment is to reduce the risk of fire damage to your home or property, following the requirements in the Assessment report does not guarantee prevention of such damage. Wildfire mitigation work around your home can give firefighters the best chance to defend and protect your property from wildfires, and can also substantially increase your safety and reduce the risk to life and property. However, wildfire is unpredictable and can be impossible to stop or control, regardless of what mitigation efforts you have taken. REALFire makes no warranties, guarantees or representations of any kind with respective to the effectiveness of any mitigation efforts you undertake in connection with your participation in the REALFire program.
I/we (name of property owner(s) or legal representative as entered above ) agree to accept the terms as outlined in this application and the REALFire program liability waiver in order to be eligible for the program. I/we understand that we can withdraw from the program at any time through written notification submitted to the program coordinator. Withdrawal from the program will result in my/our ineligibility to receive a REALFire certificate.