TERMS OF SERVICE
1. General
This Agreement is between Ready Watt LLC (“Ready Watt”) and the customer identified on the membership enrollment or service agreement (“Member”).
Ready Watt agrees to provide the Member with temporary access to portable electrical generation equipment, associated cabling, and related accessories (collectively, the “Equipment”) during a qualifying electrical outage or service event, in accordance with the terms and conditions set forth in this Agreement and the Member’s selected subscription plan.
Ready Watt will provide the Equipment in good working condition and will make commercially reasonable efforts to deploy the Equipment to the Member’s residence during the period of service activation (the “Service Period”) as defined by the Member’s plan but does not guarantee response times or generator availability..
The Equipment is provided for temporary emergency power use only and remains the sole property of Ready Watt at all times.
The Member agrees to:
• Use the Equipment only in accordance with Ready Watt’s instructions and safety guidelines.
• Allow Ready Watt personnel reasonable access to install, service, and remove the Equipment
• Ensure the Equipment is returned to Ready Watt at the end of the Service Period or when requested by Ready Watt.
Service availability, deployment timing, and priority may vary depending on the Member’s subscription tier and operational conditions, including but not limited to regional outages, weather events, and equipment availability.
If the Member has entered into a separate Membership Agreement or Master Service Agreement (“MSA”) with Ready Watt and the terms of that agreement conflict with the terms of this Agreement, the terms of the Membership Agreement or MSA will govern.
Members must take reasonable steps to secure the Equipment from theft or tampering.
1. Service Availability and No Guarantee of Deployment
Ready Watt LLC (“Ready Watt”) provides a subscription-based emergency power support service. Membership grants the Member priority access to portable generator deployment services during qualifying electrical outages; however, membership does not guarantee generator availability or deployment during every outage event.
Generator deployment is subject to multiple operational factors including, but not limited to:
• The number of active Members requesting service
• Generator inventory and availability
• Weather conditions and road accessibility
• Safety conditions for deployment personnel
• Regional outage severity
• Membership tier priority
During large-scale outage events, including but not limited to widespread utility failures, severe storms, or emergency declarations (“Blackout Events”), Ready Watt may experience demand exceeding available equipment.
In such circumstances, Ready Watt will allocate generators according to its internal prioritization procedures and membership tier structure, and some Members may not receive generator deployment.
Membership fees are for access to the service and priority placement within the Ready Watt system, not for guaranteed power supply.
2. Equipment Ownership, Use, and Care
All generators, cables, accessories, and related equipment provided by Ready Watt (collectively, the “Equipment”) remain the exclusive property of Ready Watt LLC at all times.
Members agree to:
• Allow Ready Watt personnel to install, operate, and remove Equipment.
• Use the Equipment only as instructed by Ready Watt personnel.
• Not move, modify, repair, or tamper with the Equipment.
• Not connect additional devices or loads beyond what has been approved by Ready Watt.
Members shall exercise reasonable care while the Equipment is deployed at their property.
The Member may be responsible for damage caused by misuse, negligence, unauthorized modification, theft due to negligence, or intentional damage.
Ready Watt reserves the right to remove Equipment at any time if unsafe conditions are identified.
3. Generator Safety and Liability
Portable generators present risks including carbon monoxide poisoning, electrical hazards, fire hazards, and equipment damage.
Members acknowledge and agree that:
• Generators must only be operated in outdoor environments as positioned by Ready Watt personnel.
• Equipment must not be moved indoors, into garages, or near openings such as windows or doors.
• Members must not modify generator placement or fuel systems.
• Members must follow all safety instructions provided by Ready Watt.
Ready Watt shall not be responsible for:
• Damage to appliances or electrical systems connected by the Member
• Loss of food, property, or business interruption caused by power outages
• Damages caused by Member misuse or relocation of Equipment
Ready Watt’s total liability under this Agreement shall be limited to the amount of membership fees paid during the previous twelve (12) months.
4. Outage Definition
You should define what qualifies as an outage, otherwise customers may request deployment for trivial issues.
Example:
Qualifying Power Outage
A “Qualifying Power Outage” means the loss of utility electrical service to the Member’s residence as confirmed by the local electric utility provider or observable loss of service affecting multiple homes within the service area.
Temporary interruptions, planned utility maintenance outages, or outages caused by internal home electrical issues do not qualify for deployment.
2. Payment
The Member is responsible for all charges due under this Agreement. Membership fees, service charges, deposits, and any other applicable fees are due at the time of enrollment or at the beginning of each billing cycle, unless otherwise specified by Ready Watt LLC (“Ready Watt”).
The Member agrees to provide a valid credit card or other payment method approved by Ready Watt (“Payment Method”). By enrolling in a Ready Watt membership, the Member authorizes Ready Watt to charge the Payment Method for all applicable charges, including but not limited to:
• Recurring membership subscription fees
• Generator deployment or service fees (if applicable under the Member’s plan)
• Equipment deposits
• Damage or replacement costs for Equipment
• Additional service charges authorized by the Member
Ready Watt may place a temporary authorization hold on the Member’s Payment Method for estimated charges associated with equipment deployment, service events, or other applicable services.
If a Member cancels a scheduled generator deployment or service appointment within twelve (12) hours of the scheduled deployment time, Ready Watt reserves the right to charge a service cancellation fee to the Payment Method on file.
All charges are subject to review and audit by Ready Watt. If an error in billing is identified, Ready Watt will promptly correct the charge and either issue a refund or collect any additional amounts owed.
The Member must notify Ready Watt in writing of any disputed charges within twenty-five (25) days of the billing date. Failure to notify Ready Watt within this time period will constitute a waiver of the Member’s right to dispute such charges.
If any amount due under this Agreement remains unpaid, Ready Watt reserves the right to:
• Suspend or terminate the Member’s service
• Charge interest on past-due balances at the maximum rate permitted by law
• Recover all reasonable costs of collection, including attorney’s fees and collection agency fees, as permitted by law.
1. Automatic Recurring Billing Authorization
By enrolling in a Ready Watt membership, the Member authorizes Ready Watt LLC (“Ready Watt”) to automatically charge the Member’s designated payment method (“Payment Method”) on a recurring basis for all membership fees and other applicable charges.
Membership fees will be billed automatically at the beginning of each billing cycle, which may be monthly, annually, or as otherwise specified in the Member’s selected subscription plan.
The Member agrees that:
• Charges will continue automatically until the membership is cancelled in accordance with the cancellation terms of this Agreement.
• Ready Watt may charge the Payment Method for any applicable taxes, service fees, equipment deposits, or additional charges authorized under this Agreement.
• The Member is responsible for maintaining a valid and up-to-date Payment Method on file.
If the Member updates their Payment Method, they authorize Ready Watt to continue billing the new Payment Method for all future charges.
2. Failed Payments and Account Suspension
If a charge to the Member’s Payment Method is declined, returned, or otherwise unsuccessful, Ready Watt may attempt to process the payment again.
If payment remains unsuccessful after multiple attempts, Ready Watt reserves the right to:
• Temporarily suspend the Member’s service eligibility
• Remove the Member from generator deployment priority lists
• Restrict access to membership benefits
• Terminate the membership if payment remains outstanding
Service eligibility may be restored once the outstanding balance has been paid in full.
Ready Watt may also charge a reasonable failed payment or administrative fee where permitted by law.
Members remain responsible for all unpaid amounts owed under this Agreement.
3. Activation Waiting Period
To ensure fairness to existing Members and to prevent abuse of the service during forecasted outage events, Ready Watt may apply a service activation waiting period for new memberships.
New Members may not be eligible for generator deployment services until a specified waiting period has passed from the time of enrollment, unless otherwise stated in the membership plan.
Ready Watt reserves the right to suspend new service activations during declared emergency events or when severe weather outages are forecasted.
3. Payment
Equipment Use, Member Responsibilities, and Safety
The Member acknowledges that Ready Watt LLC (“Ready Watt”) does not control how electrical devices or appliances are connected to or used with the Equipment during the Service Period.
The Member agrees and warrants that:
Equipment Inspection and Information
(a) Upon installation or delivery, the Member will visually inspect the Equipment to confirm that it appears to be in good working condition and suitable for its intended emergency power use.
(b) The Member acknowledges that they have received or have had the opportunity to receive information regarding the safe operation of the Equipment.
(c) Ready Watt is not responsible for providing technical training on generator operation beyond basic safety instructions unless otherwise requested by the Member.
Proper Use of Equipment
The Member agrees that they will:
1.
Use the Equipment only for its intended purpose of temporary emergency electrical power.
2.
Follow all operating instructions and safety guidance provided by Ready Watt personnel.
3.
Immediately discontinue use of the Equipment and notify Ready Watt if the Equipment appears unsafe, malfunctioning, or damaged.
4.
Not use the Equipment in a negligent, unauthorized, or abusive manner.
Security and Possession
The Member agrees that:
• The Equipment will remain at the location where it was installed by Ready Watt.
• The Equipment will be kept in a reasonably secure location.
• The Member will not move, relocate, rent, lease, sell, or transfer possession of the Equipment.
• The Member will not allow any third party to tamper with or modify the Equipment.
All Equipment remains the exclusive property of Ready Watt LLC.
Equipment Protection
The Member further agrees that they will:
• Keep the Equipment free from liens, charges, or encumbrances.
• Use the Equipment in compliance with all applicable laws and local regulations.
• Not alter, remove, cover, or obscure any Ready Watt decals, labels, safety warnings, or operating instructions attached to the Equipment.
• Not intentionally damage, vandalize, or assist in the theft of the Equipment.
Misrepresentation and Impairment
The Member agrees that they will not:
• Obtain service or equipment using false or misleading information.
• Operate or interfere with the Equipment while intoxicated or under the influence of alcohol, drugs, or any substance that impairs judgment or safe operation.
Equipment Return and Retrieval
All Equipment remains the property of Ready Watt and must be returned to Ready Watt upon request or at the conclusion of the Service Period.
Ready Watt personnel will retrieve the Equipment at the end of the Service Period or when service is terminated.
If the Equipment is not accessible for retrieval or has been removed, relocated, or withheld from Ready Watt, the Member may be considered in unlawful possession of the Equipment, and Ready Watt may pursue all remedies available under applicable law.
Members may also be responsible for cleaning fees, damage charges, or replacement costs if the Equipment is returned in a condition materially worse than when deployed.
Telematics and Equipment Monitoring
Equipment deployed by Ready Watt may contain GPS or telematics devices that allow Ready Watt to monitor the location and operational status of the Equipment.
These systems may collect information including:
• Equipment location
• Run time and operational data
• Fuel usage
• System status and diagnostics
Ready Watt may use this information for purposes including:
• Locating lost or stolen Equipment
• Monitoring equipment performance and maintenance
• Improving service operations
• Enforcing the terms of this Agreement
Ready Watt may share this information with service providers or governmental authorities when necessary to comply with legal requirements or protect Ready Watt’s rights and property.
Incident Reporting and Cooperation
Members agree to promptly notify Ready Watt of any damage, theft, accident, injury, or incident involving the Equipment.
Members agree to:
• Complete any requested incident reports
• Provide copies of related documents
• Cooperate with Ready Watt’s investigation of any claims, damages, or disputes involving the Equipment
This cooperation does not create any duty for Ready Watt to provide legal defense to the Member.
Safety Notice
Portable generators may expose individuals to carbon monoxide, fuel vapors, and electrical hazards.
Members must follow all safety instructions provided by Ready Watt personnel and ensure that generators remain outdoors in well-ventilated areas away from doors, windows, and structures.
Improper use of generators can result in serious injury or death.
Service Activation and Deployment
Ready Watt LLC (“Ready Watt”) provides generator deployment services to Members during a Qualifying Power Outage, subject to equipment availability and operational conditions.
Upon confirmation of a qualifying outage, Members may request generator deployment through Ready Watt’s designated service channels. Ready Watt will make commercially reasonable efforts to dispatch and install equipment at the Member’s residence as soon as operationally feasible.
Deployment timing may vary based on:
• Number of active service requests
• Geographic location of the Member
• Weather and road conditions
• Safety conditions for Ready Watt personnel
• Equipment availability
Ready Watt does not guarantee a specific response time.
Generator Allocation and Membership Priority
Because the number of available generators may be limited during large outage events, Ready Watt may allocate generator deployments according to its internal prioritization procedures.
Priority may be determined by factors including:
• Membership tier level
• Order in which service requests are received
• Geographic routing efficiency
• Operational safety considerations
During large-scale outage events (“Blackout Events”), generator demand may exceed available inventory. In such circumstances, some Members may not receive generator deployment despite having an active membership.
Membership provides priority access to generator deployment services, but does not guarantee generator availability during every outage.
Deployment Duration
Each Ready Watt membership plan includes up to four (4) consecutive days of generator deployment per qualifying outage event as part of the Member’s subscription.
At the conclusion of the initial four (4) day deployment period, the Member may elect to continue the generator rental for an additional fee, subject to equipment availability.
Extended rentals will be billed at a rate of:
$99 per week for each additional week the generator remains deployed.
Ready Watt reserves the right to retrieve equipment at any time if operational conditions require reallocation of generators to other Members or emergency needs.
Equipment Retrieval
At the conclusion of the Service Period, Ready Watt personnel will retrieve the Equipment from the Member’s property.
Members agree to provide reasonable access to the property for equipment retrieval.
Failure to provide access to retrieve Equipment may result in additional charges and may be considered unlawful possession of Ready Watt property.
Fuel and Operational Support
Unless otherwise specified in the Member’s plan, Members are responsible for maintaining appropriate fuel levels for the generator during the deployment period.
Ready Watt may offer optional fuel delivery or refueling services where available.
Service Area Limitation
Generator deployment services are available only within Ready Watt’s designated Service Area. Members must maintain an eligible residential address within the Service Area to receive deployment services.
Ready Watt reserves the right to modify the Service Area based on operational considerations.
Emergency Enrollment Restrictions
Ready Watt reserves the right to temporarily suspend new memberships or delay activation of new memberships when severe weather events, emergency declarations, or widespread power outages are forecasted or occurring within the service area.
4. Equipment Damage and Responsibility
The Member acknowledges that all generators, cables, transfer equipment, and related accessories (collectively, the “Equipment”) provided by Ready Watt LLC (“Ready Watt”) remain the exclusive property of Ready Watt at all times.
Regardless of fault, the Member is responsible for loss of or damage to the Equipment occurring during the Service Period, including but not limited to damage resulting from theft, misuse, abuse, negligence, unauthorized modification, improper storage, or intentional acts.
The Member is also responsible for Ready Watt’s loss of use of the Equipment and for reasonable administrative costs associated with processing any loss or damage claim.
Damage Protection (Optional Service)
Ready Watt may offer an optional Equipment Damage Protection program that modifies this Agreement to reduce or eliminate the Member’s financial responsibility for certain damage occurring during normal use of the Equipment.
If selected by the Member:
• Equipment Damage Protection will be charged as an additional line item on the Member’s invoice or subscription agreement.
• The protection applies only to damage occurring during normal and proper use of the Equipment.
Equipment Damage Protection does not cover loss or damage caused by theft, misuse, abuse, negligence, unauthorized modifications, intentional acts, or use of the Equipment in violation of this Agreement.
Equipment Damage Protection is not insurance and Ready Watt may generate revenue from this service.
If the Member declines Equipment Damage Protection, the Member will be responsible for the cost of repairs or replacement of damaged Equipment.
Repair Costs
If Equipment is damaged during the Service Period and the Member has not elected Equipment Damage Protection, the Member agrees to pay the estimated repair or replacement cost.
Repair or replacement costs will not exceed the fair market value of the Equipment and any applicable administrative fees.
The Member authorizes Ready Watt to charge such repair or replacement costs to the payment method on file.
All repairs and maintenance of the Equipment must be performed exclusively by Ready Watt or its authorized service providers. Members may not attempt to repair, modify, or alter the Equipment without the prior written consent of Ready Watt.
Unauthorized repairs or modifications may result in additional charges for restoration of the Equipment.
Loss or Theft of Equipment
If Equipment is lost or stolen during the Service Period, the Member must notify Ready Watt immediately.
The Member agrees to cooperate with Ready Watt and law enforcement authorities in any investigation related to the loss or theft of the Equipment.
Members may be responsible for the replacement cost of Equipment that is lost, stolen, or destroyed while deployed at the Member’s property unless otherwise covered under an applicable damage protection program
5. Limitations of Liability
Assumption of Risk and Responsibility
During the Service Period, the Member assumes all risks associated with and full responsibility for the presence and use of any generators, cables, transfer equipment, or related accessories (collectively, the “Equipment”) deployed by Ready Watt LLC (“Ready Watt”) at the Member’s property.
The Member acknowledges that portable generators and temporary electrical connections involve inherent risks, including but not limited to electrical hazards, fire hazards, carbon monoxide exposure, property damage, personal injury, and death.
The Member assumes full responsibility for all consequences arising from the use of the Equipment during the Service Period, including but not limited to:
• property damage • damage to appliances or electrical systems • personal injury • death • loss of use of property • any other losses arising from the presence or operation of the Equipment
This assumption of risk applies whether the Equipment is operated directly by the Member or by any other person at the Member’s property.
Ready Watt shall not be responsible for losses resulting from power outages including, but not limited to, spoiled food, loss of heating or cooling, business interruption, or damage to refrigerated goods.
Responsibility for Equipment
The Member assumes responsibility for the possession, custody, and reasonable care of the Equipment while it is deployed at the Member’s property.
Unless otherwise covered under an applicable Equipment Damage Protection program, the Member is responsible for damage to the Equipment occurring during the Service Period, including damage caused by:
• theft • misuse or abuse • negligence • unauthorized modification or relocation • failure to follow safety instructions • intentional acts
Failure to return or allow retrieval of Equipment may result in legal action and recovery of the replacement value of the Equipment.
Liability for Third-Party Damage
The Member is responsible for bodily injury, property damage, or other losses suffered by third parties resulting from the Member’s misuse, negligence, or violation of the terms of this Agreement.
Ready Watt does not provide liability insurance coverage for the Member.
Members are responsible for maintaining any insurance coverage they deem appropriate for risks associated with temporary generator use at their property.
Violation of Use Restrictions
If the Member violates any use restrictions, safety requirements, or other terms of this Agreement, Ready Watt reserves the right to immediately terminate the Service Period and retrieve the Equipment.
Any damages or losses resulting from such violations remain the responsibility of the Member.
Indemnification
The Member agrees to defend, indemnify, and hold harmless Ready Watt, its owners, employees, contractors, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:
• the Member’s misuse, abuse, or negligent operation of the Equipment • the Member’s failure to follow safety instructions or operating guidelines • unauthorized modification, relocation, or connection of the Equipment • violations of this Agreement by the Member • bodily injury, death, or property damage occurring at the Member’s property during the Service Period
This indemnification obligation applies to claims brought by third parties, guests, family members, neighbors, contractors, or any other person present at the Member’s property.
Release of Claims
The Member releases Ready Watt from any claims, demands, or causes of action arising from risks inherent in the use of portable generators or temporary power equipment, except to the extent caused by Ready Watt’s gross negligence or willful misconduct.
The Member acknowledges that portable generators present inherent safety risks and agrees that they voluntarily accept these risks as a condition of receiving generator deployment services.
Limitation of Certain Damages
Notwithstanding any other provision of this Agreement, Ready Watt shall not be liable to the Member for lost use, lost profits, lost revenue, lost savings, loss of reputation, loss of productivity, or any indirect, incidental, special, punitive, or consequential damages arising out of or related to the services provided under this Agreement, even if such damages were foreseeable or result from a breach of this Agreement.
To the extent that applicable law does not allow the exclusion or limitation of certain incidental or consequential damages, some of the above limitations may not apply.
6. No Warranties
Equipment Disclaimer and No Manufacturer Warranty
Ready Watt LLC (“Ready Watt”) does not design or manufacture the generators or related equipment provided to Members and is not the manufacturer, distributor, or agent of any manufacturer or supplier of such Equipment.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, READY WATT DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, DURABILITY, CONDITION, OR FITNESS FOR A PARTICULAR PURPOSE.
The Member acknowledges and agrees that the Equipment is provided “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS.”
The Member further acknowledges that Ready Watt makes no guarantees regarding the performance, reliability, or uninterrupted operation of the Equipment and that the Member accepts
the Equipment without any recourse against Ready Watt related to manufacturer defects, equipment failure, or operational limitations, except as otherwise required by applicable law.
7. Default and Remedies
Deployment Extension and Default
(a) Failure to Extend Deployment Period
Each qualifying outage deployment includes up to four (4) consecutive days of generator deployment as part of the Member’s subscription plan. If the Member wishes to extend the deployment beyond the included period, the Member must obtain Ready Watt LLC’s (“Ready Watt”) approval prior to the expiration of the initial deployment period.
If the Member fails to allow retrieval of the Equipment at the end of the included deployment period or an approved extension period, the Member will be considered in default of this Agreement.
In such circumstances, Ready Watt may charge additional rental fees until the earliest of the following:
(i) the Equipment is retrieved by Ready Watt (ii) Ready Watt receives payment equal to the replacement value of the Equipment based on its condition at the beginning of the deployment period (“Replacement Value”) (iii) thirty (30) days after the original deployment period expires
Extended deployments beyond the included four (4) days will be billed at a rate of $99 per week (or portion thereof) unless otherwise agreed in writing.
(b) Breach of Agreement
If Ready Watt determines that the Member has violated any term or condition of this Agreement, Ready Watt may take any action reasonably necessary to secure either:
(i) the return of the Equipment, or (ii) payment equal to the Replacement Value of the Equipment.
If Ready Watt must take action to recover Equipment or enforce this Agreement, the Member agrees to reimburse Ready Watt for all costs incurred, including but not limited to recovery expenses, administrative fees, and reasonable attorney’s fees.
The Member expressly authorizes Ready Watt to charge the Member’s payment method on file for all amounts owed under this Agreement, including but not limited to:
• extended deployment charges • costs associated with recovering Equipment • replacement costs for lost or damaged Equipment • administrative fees associated with enforcement of this Agreement
(c) Payments and Delinquent Accounts
Ready Watt may automatically charge the Member’s payment method for extended deployment charges on a recurring weekly basis unless alternative payment arrangements are made.
Ready Watt may obtain updated payment card information from the issuing financial institution if necessary to process authorized charges.
A service charge of 1.5% per month, or the maximum rate permitted by law, may be applied to delinquent balances until paid in full.
Any deposits will be returned only after all outstanding balances owed to Ready Watt have been paid in full.
If payment is returned, declined, or otherwise unable to be processed, Ready Watt may suspend the Member’s service eligibility and may refer the account to a third-party collection agency if the balance remains unpaid.
(d) Enforcement and Remedies
The Member agrees that Ready Watt is not required to provide additional notice of default beyond the terms stated in this Agreement.
If Ready Watt fails to meet any of its obligations under this Agreement, the Member’s sole remedy will be repair or replacement of Equipment or an adjustment of applicable service charges at Ready Watt’s discretion.
8. Communications
If the Member consents to receive updates via text message, the Member understands and agrees that Ready Watt LLC (“Ready Watt”) may send informational text messages to the mobile phone number provided by the Member.
These messages may include information related to service requests, generator deployment status, outage updates, appointment scheduling, equipment retrieval, account notifications, or other service-related communications.
By providing consent, the Member agrees that Ready Watt may send automated informational messages to the provided mobile phone number. Message frequency may vary but will generally be limited to communications necessary for service operations.
The Member understands that providing consent to receive text messages is not required as a condition of purchasing or maintaining a Ready Watt membership.
The Member may opt out of receiving text messages at any time by replying STOP to any Ready Watt message. The Member may also contact Ready Watt customer support to request removal from text communications.
Standard message and data rates may apply depending on the Member’s mobile carrier. Ready Watt is not responsible for any charges imposed by the Member’s wireless provider.
For questions regarding text message communications, Members may contact Ready Watt through the company’s official customer service channels.
9. Notices
Ready Watt LLC (“Ready Watt”) may provide any notices required under this Agreement by any reasonable means of communication.
If the Member has provided Ready Watt with an email address, phone number, or other electronic contact information, Ready Watt may deliver notices through electronic communication methods including email or text message.
Electronic notices sent by Ready Watt to the contact information provided by the Member will be considered valid and effective notices for the purposes of this Agreement.
It is the Member’s responsibility to ensure that their contact information on file with Ready Watt remains accurate and up to date. Failure by the Member to update contact information will not invalidate notices sent by Ready Watt in accordance with this section.
10. Independent Contractors
The relationship between Ready Watt LLC (“Ready Watt”) and the Member under this Agreement is that of independent contracting parties.
Nothing in this Agreement shall be interpreted to create any partnership, joint venture, agency relationship, or employment relationship between the parties.
The Member is not an agent, employee, or authorized representative of Ready Watt for any purpose and does not have authority to bind or act on behalf of Ready Watt in any manner.
11. Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable for any reason, the remaining provisions of the Agreement will remain valid and enforceable to the fullest extent permitted by law.
If a court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, but that such provision could be made valid and enforceable by limiting its scope, duration, or application, then that provision will be interpreted, modified, and enforced to the maximum extent permitted so that it remains valid and enforceable.
12. Entire Agreement
This Agreement constitutes the entire agreement between Ready Watt LLC (“Ready Watt”) and the Member regarding the services and equipment provided under this Agreement.
This Agreement supersedes all prior or contemporaneous agreements, communications, representations, or understandings, whether written or oral, relating to the subject matter of this Agreement.
This Agreement may only be amended or modified by a written document authorized by Ready Watt. Continued use of Ready Watt’s services after notice of updated terms may constitute acceptance of such modifications, where permitted by applicable law.
13. Member Responsibilities
The Member acknowledges that Ready Watt personnel will install and position the Equipment at the Member’s property and that the Member is responsible for complying with the following requirements during the Service Period.
The Member agrees to the following responsibilities:
• The Equipment must remain in the location where it was installed by Ready Watt personnel unless relocation is authorized by Ready Watt.
• The Member is responsible for any personal injury, property damage, or loss resulting from the Member’s misuse, negligence, or unauthorized operation of the Equipment.
• The Member must allow Ready Watt reasonable access to the property for generator installation, maintenance, refueling (if applicable), and equipment retrieval.
• If the Equipment becomes damaged, unstable, or tipped over, the Member must immediately stop using the Equipment and notify Ready Watt.
• The Member must not attempt to restart, repair, or reposition the Equipment if it has tipped over or appears unsafe.
• Unless otherwise included in the Member’s plan, the Member is responsible for replacing fuel used during the deployment period.
• The Member agrees to follow all applicable safety instructions and operating guidance provided by Ready Watt.
• The Member agrees to review any safety instructions, operating guidance, or informational materials provided by Ready Watt regarding generator operation and safety.