Wildfire Defense System
Service Terms & Conditions

1. The Wildfire Defense System Service

The Service is a comprehensive program designed to ensure the operational readiness of the Matador Fire Wildfire Defense System (“System”) installed at the Client's Property. The Client acknowledges they are subscribing to the Service and are not purchasing or leasing the System hardware, which remains the sole property of Matador Fire. The Service includes provision and installation of the System hardware, initial client training, biannual proactive maintenance, unlimited parts and labor for repairs, and periodic system upgrades at Matador Fire's discretion.

2. Service Term & Auto-Renewal

The term for the Service begins on the date of the System's successful installation and continues for an initial period of three (3) years (“Initial Term”). As detailed in the Order Form, the Client understands and agrees that this Agreement will automatically renew for successive one (1) year terms unless the Client provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term. The Client will be sent a renewal reminder notice between fifteen (15) and forty-five (45) days prior to the renewal date, as required by California law.

3. Fees and Payment

Client agrees to pay all fees as detailed in the Order Form. The initial payment is due upon signing the Order Form. For clients on monthly or annual plans, subsequent payments will be processed automatically via the payment method on file. Late payments are subject to a fee of $50 or 1.5% of the outstanding balance, whichever is greater. Client is responsible for all costs incurred by Matador Fire in collecting any overdue amounts.

4. Scheduling of Service Visits

Matador Fire will provide at least fifteen (15) days' notice to schedule the biannual maintenance and inspection visits. A $250 fee will be assessed if a confirmed service visit is rescheduled by the Client with less than forty-eight (48) hours' notice or if personnel are unable to access the System at the scheduled time.

5. Client Responsibilities

To ensure the effectiveness and integrity of the Service, the Client agrees to:

• a. Provide Access: Grant Matador Fire personnel clear and safe access to the System for all service visits.
• b. System Integrity: Not move, alter, tamper with, or attempt to repair the System. All service must be performed by authorized personnel only.
• c. Notify of Changes: Inform Matador Fire of any significant changes to the Property that could affect the System's performance and promptly report any suspected damage or malfunction.
• d. Liability for Damage: The Client is financially responsible for any damage to the System resulting from misuse, neglect, or vandalism by the Client or their guests.

6. Acknowledgement of Risks & Plain Language Disclaimer

Client understands that the Service is a proactive risk-reduction measure and not a guarantee of immunity from wildfire damage. Client acknowledges that the effectiveness of the System is dependent on factors beyond Matador Fire's control, including wildfire intensity, extreme weather, and the Client's timely and correct deployment of the System. Client acknowledges the potential for unforeseen reactions of retardant on surfaces and assumes all risks associated with its deployment.

7. System Service Guarantee

Matador Fire guarantees the operational integrity of the System for the duration of the Agreement. Matador Fire will repair or replace any component that fails due to normal wear and tear at no cost to the Client. This guarantee does not cover damage caused by Client misuse, unauthorized alterations, or Force Majeure events. EXCEPT FOR THIS SERVICE GUARANTEE, MATADOR FIRE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ALL OF WHICH ARE HEREBY DISCLAIMED.

8. Termination

a. By Client: The Client's initial service commitment is for a minimum of one (1) year.

• Termination after Year 1: After the first year of service, the Client may terminate this Agreement before the end of the three-year Initial Term by providing thirty (30) days' written notice.
• Early Termination Fees: Upon such early termination, the following fees become immediately due and payable:
  • i. System Restocking Fee: A fee of $500 will be assessed to cover the costs of de-installation, transportation, and refurbishment of the System hardware.
  • ii. Retardant Cost Recoupment: For clients with a “Retardant Subscription,” the Client is responsible for the full retail value of the retardant provided at the start of the service. The total amount of retardant subscription fees paid by the Client to date will be credited against this retail value, and the remaining balance will be due. Payments for “Retardant As-Needed” purchases are final and non-refundable.

b. By Matador Fire: Matador Fire may terminate this Agreement immediately for the Client's non-payment or material breach of this Agreement. Upon such termination, the entire outstanding balance for the remainder of the Initial Term shall become immediately due and payable.

c. Equipment Removal: Upon termination or expiration of this Agreement, Matador Fire will retrieve its System and any subscription-based retardant from the Property.

9. Limitation of Liability and Indemnification

a. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, MATADOR FIRE'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID BY THE CLIENT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

b. Indemnification: Client agrees to indemnify, defend, and hold harmless Matador Fire from any and all claims or liabilities arising from the Client's breach of this Agreement, misuse of the System, or negligence.

10. Force Majeure

Matador Fire shall not be held liable for failure to perform its obligations due to causes beyond its reasonable control, including but not limited to, acts of God, wildfires, earthquakes, extreme weather events (including wind gusts exceeding 58 miles per hour), or government actions. CLIENT ACKNOWLEDGES THAT THE SERVICE IS INTENDED TO REDUCE WILDFIRE RISK AND IS NOT A GUARANTEE OF PREVENTION.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of California. Any dispute shall be resolved through binding arbitration in Los Angeles County, California.

12. Assignment of Service

This Agreement may be assigned by the Client to a new property owner subject to Matador Fire's written consent and the new owner executing a new agreement. Matador Fire may assign its rights and obligations to a qualified service provider.

13. Entire Agreement

This Agreement, comprised of the Order Form and these Terms, constitutes the entire agreement between the Parties. These Terms may be updated by Matador Fire, and the version in effect at the time of renewal will apply to the renewal term.