FREA Membership Agreement (V 10.2013)
The FREA Membership Application (the “Application”) and FREA Membership Agreement taken together (the “Agreement”) constitute a binding and enforceable contract between FREA and the individual or entity executing the Application (the “Member”). Membership rights, benefits, privileges, and obligations commence when the Application is signed and payment in full is received. The term of membership is one (1) year and commences on the date indicated in the Application. Once effective, membership is non-cancellable and all membership fees paid are non-refundable except as may be provided herein. Membership will auto renew and auto-charge the original payment method usedevery year on the anniversary date of initial sign up, when payment was made. If you wish to not auto renew the following year or you want to cancel your account all together you must call into FREA customer service to notify them at (888)820-5700.
- Eligibility: Membership is open to any real estate professional actively involved in the sale or financing of either residential or commercial real estate. By way of example only, this includes individuals or entities working as appraisers, inspectors, real estate brokers or agents, mortgage originators or lenders, title agents, field inspectors, and such other real estate related occupations as FREA may deem appropriate.
- Qualifications: Members must currently be and must remain in good standing with any state or federal agency, board, or other entity responsible for licensing the Member’s specific real estate related occupation now or in the future. A failure to remain properly licensed or in good standing may result in cancellation of membership in the sole discretion of FREA.
- Dues/Fees: Membership dues/fees shall be paid on annual basis and are due at signing of the Application for new Members. Next years membership fees are due on the anniversary date of your initial sign up and will be collected via an automatic charge to the credit card used the previous year. If you wish to cancel your membership or avoid the auto-charge of your membership, you must call into FREA customer service at (888)820-5700. A failure to pay the dues/fees by your anniversary date will result in a suspension of membership and may result in a forfeiture of membership benefits provided by third parties where the benefit is limited only to active, paid-in-full Members. Membership fees are non-refundable.
- No License: This Agreement is not a grant of any license to any Member to use any information, discounts, or other benefit of membership beyond the term of membership. It shall be a violation of the terms of membership for any Member to distribute anything provided to the Member to any person or entity without the prior consent of FREA with the exception that any Member may share information contained in newsletters, blogs, and emails unless such information is designated as being for Members only (see E., below). Any information allowed to be shared must credit FREA as the source and may not be reprinted or represented by the Member to be its own. Any violations of the provisions contained in this section shall be cause for the termination of membership in the sole discretion of FREA.
- Members Only/Confidential Information: Any information provided to the membership by FREA and designated as being for Members only shall be kept confidential by the Member and not shared with any other person or entity. A violation of this provision is cause for immediate termination of membership in the sole discretion of FREA and could subject the Member responsible to legal action for any damages FREA might suffer as a result of such breach or disclosure.
- Member Benefits: Various benefits are offered to members of FREA based on the level of membership selected on the Application. Members are only entitled to receive the benefits designated for their membership level if they are paid in full and in good standing. Benefits offered to Members by third parties may change or be withdrawn at any time with notice as required by any law or regulation applicable to the specific benefit in question.
- Compliance: It is the intention and policy of FREA that all activities conducted by it for or on behalf of the membership shall be conducted strictly in accordance with all applicable laws and regulations including, but not limited to, anti-trust laws. Similarly, each Member agrees to conduct its activities related to membership in FREA in compliance with all applicable and regulations and any failure to do so is cause for the termination of membership by FREA in its sole discretion.
- Assignment: Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other, except in the case of a sale or transfer of all or substantially all of the business assets of either party resulting in a change of control of such party, provided the survivor or successor re-affirms and consents to the terms of this Agreement.
- No Warranties: Member acknowledges that all information or activities provided by FREA hereunder are provided “as is” with no warranties whatsoever, either express or implied, statutory or otherwise, and FREA expressly disclaims any warranty of fitness or merchantability for any purpose arising out of any goods, services, or information provided to any Member hereunder.
- Notices: Any notices given hereunder shall be delivered to the addresses listed on the Membership Application for the Member and for FREA unless such address is updated by either party in writing during the current term of membership.
- Governing Law: This Agreement shall be interpreted under the laws of the State of California and all parties hereto consent to jurisdiction being in San Diego County, CA.
- Severability: Should a court of competent jurisdiction determine any portion of this Agreement is void or unenforceable, the balance of the Agreement shall survive and continue to be enforceable as written.