Terms & Conditions

General Terms and Conditions

1. Introduction

These Terms and Conditions ("Terms") form a binding agreement between GFamily PM LLC d/b/a Barakah Collective ("Company", "we", "us", "our"), property owners or landlords ("Landlord(s)"), tenants of managed properties ("Tenant(s)"), and employees or independent contractors ("Employee(s)"). By engaging with the Company in any capacity, you agree to be bound by these Terms, as well as any applicable lease, service, or employment agreements.

2. Definitions

Managed Property: Real estate under formal management contract with the Company.
Lease Agreement: Agreement between a Landlord and Tenant for a Managed Property.
Management Agreement: Contract between the Company and the Landlord for property management services.
Employee Agreement: Contract outlining employment or contractor terms with the Company.

3. General Responsibilities of the Company

Act as an agent on behalf of the Landlord with reasonable discretion.
Provide property management services per the Management Agreement.
Retain sole discretion in selecting vendors, maintenance providers, and service contractors.
Maintain documentation and account for all financial transactions.

Disclaimer: The Company acts solely as an agent and shall not be held liable for any direct or indirect losses, damages, injuries, or claims arising out of Tenants’ or Landlords’ acts, omissions, or negligence.

4. Terms for Tenants

4.1 Rent and Fees

Rent is due on the date stated in your Lease Agreement. Failure to pay rent may result in late fees, eviction, and legal action.
Returned checks or failed online payments will incur administrative charges.
Tenants remain responsible for all lease obligations regardless of third-party payments.

4.2 Repairs and Maintenance

All non-emergency repair requests must be submitted in writing.
Emergency maintenance is defined and handled per the lease agreement.
Tenants are liable for damages beyond ordinary wear and tear.

4.3 Property Use

Subleasing, business use, or unauthorized occupancy is strictly prohibited.
The Company reserves the right to enter the premises for inspections with proper notice per local law.

4.4 Legal Protections

Indemnification: Tenants agree to indemnify and hold harmless the Company against any claims, damages, or legal fees arising from their use or misuse of the property.
Authority: Tenants acknowledge that the Company represents the Landlord and may exercise authority on their behalf for enforcement, notices, and legal action.

5. Terms for Landlords

5.1 Scope of Services

The Company manages the property per the signed Management Agreement.
The Company has the exclusive right to act on the Landlord’s behalf for leasing, maintenance, notices, and legal proceedings.

5.2 Fees and Payment

Management fees are non-refundable and due as outlined in the Management Agreement.
The Company may deduct fees, expenses, and charges from collected rents before remitting to the Landlord.

5.3 Legal Protections

Indemnification: Landlords agree to indemnify the Company against any claims, legal fees, or liabilities arising from property conditions, ownership disputes, or non-compliance with housing laws.
Hold Harmless: The Company shall not be liable for lost rents, Tenant behavior, or third-party contractor work unless due to gross negligence or intentional misconduct.
Insurance Requirement: Landlords must maintain liability and property insurance. Proof must be provided upon request.

5.4 Termination

Management Agreements may be terminated by written notice per the terms of the agreement.
Early termination without cause may result in a cancellation fee.

6. Terms for Employees

6.1 Conduct and Compliance

Employees must comply with all company policies, including confidentiality, anti-discrimination, and professional conduct.
The Company reserves the right to monitor, audit, and investigate employee conduct.

6.2 Legal Protections

Confidentiality: Employees are required to maintain the confidentiality of company records, client data, and proprietary information indefinitely.
Non-Solicitation: Employees agree not to solicit the Company’s clients or tenants for competing services for a period of [12–24] months following employment termination.
Liability Limitation: The Company is not responsible for personal losses, injuries, or property damage incurred during off-site or field duties unless due to gross negligence.

7. Dispute Resolution

All disputes arising under these Terms shall first be submitted to mediation in [Your State]. If unresolved, disputes shall be subject to binding arbitration under the rules of the American Arbitration Association.
Waiver of Jury Trial: All parties waive their right to a jury trial for disputes related to these Terms.

8. Limitation of Liability

To the fullest extent permitted by law:

The Company is not liable for incidental, consequential, or punitive damages.
The total liability of the Company for any claim shall not exceed the total fees paid by the claimant to the Company in the preceding 12 months.

9. Indemnification and Limitation of Liability

9.1 General Indemnification

To the fullest extent permitted by law, Landlords, Tenants, and Employees agree to defend, indemnify, and hold harmless GFamily PM LLC d/b/a Barakah Collective, its officers, directors, employees, agents, and affiliates (“Indemnified Parties”) from and against any and all claims, losses, damages, liabilities, judgments, costs, and expenses (including attorney's fees) arising from:

Breach of any part of these Terms or related agreements.
Negligence or misconduct of the indemnifying party or their agents, invitees, or contractors.
Injuries or damages on or about a Managed Property.
Tenant criminal or unlawful behavior.
Regulatory violations or legal non-compliance by the indemnifying party.
Environmental or hazardous conditions (e.g., mold, asbestos, lead paint) at the property.
Claims from government agencies or third parties related to housing, employment, or safety law violations.

9.2 Third-Party Contractors

The Company may retain third-party service providers for property-related work. The Company shall not be liable for any acts, omissions, or results of such third parties unless selected with gross negligence or bad faith. Landlords shall indemnify the Company from all claims related to third-party work or services unless otherwise agreed in writing.

9.3 Tenant-Related Liability

Landlords acknowledge and agree that the Company is not liable for:

Tenant defaults or nonpayment.
Unlawful or criminal activity by Tenants.
Abandonment, damages, or lease violations.

Landlords shall indemnify the Company for any loss resulting from Tenant actions or lease breaches.

9.4 Cap on Liability

The Company’s total liability for any claim shall not exceed the total fees paid to the Company by the claimant within the previous 12 months. In no event shall the Company be liable for indirect, consequential, special, or punitive damages.

10. Privacy and Records

The Company will collect, store, and use personal and financial information only for the purposes of property management. All parties must:

Provide accurate and updated information.
Notify the Company of any unauthorized data access or suspected security breaches.

11. Governing Law

These Terms are governed by and construed under the laws of the State of where the home is located, without regard to its conflicts of law provisions.

12. Modifications

The Company reserves the right to update or modify these Terms at any time. Updates will be provided by email or through the Company’s website. Continued use of Company services after such updates constitutes acceptance.

13. Severability

If any provision of these Terms is deemed invalid or unenforceable, all other provisions will remain in effect.

14. Contact Information

For questions, concerns, or privacy requests, please contact:

GFamily PM LLC d/b/a Barakah Collective
621 S. 48th St, Ste. 105, Tempe, AZ 85281
480-404-8184
gfamilylegal@gmail.com
[Website URL]

GFamily PM LLC d/b/a Barakah Collective

Effective Date: July 1, 2025