Fire Safe Business Directory Application

INDEMNITY AGREEMENT

THIS Indemnity Agreement (the “Agreement”) is entered into by and between the California Fire Safe Council (the “CFSC”), being the owner of the CFSC Fire Safe Business Directory (“Business Directory”), and the business submitting this online application (the “Vendor”). CFSC and Vendor may be referred to individually as a “Party” and collectively as the “Parties”.

RECITALS:

A. WHEREAS, CFSC is a statewide non-profit 501(c)(3) serving as California’s leader in community resiliency and wildfire risk reduction;

B. WHEREAS, the Business Directory program seeks to create a consolidated list of businesses that meet the CFSC criteria for grantees to utilize when it comes to home hardening, defensible space, fuels level management, evacuation planning, and more;

C. WHEREAS, Vendor is in the process of completing an application to be a part of the Business Directory, and submission of such application is conditioned upon Vendor’s acceptance of and agreement to be bound by this Agreement;

D. WHEREAS before accessing the Business Directory, users are required to agree to hold harmless CFSC from being liable if there is an error or damage caused by a vendor on the Business Directory;

E. WHEREAS, the Business Directory and all its Vendors are subject to federal, state, and local laws and all other applicable laws (the “Law”);

F. WHEREAS, with respect to the above recitals, CFSC and the Vendor have agreed to the terms of this Agreement;

NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree to the following provisions:

1. In addition to any other indemnity obligations of CFSC to Vendor contained within the Application, the Vendor agrees to indemnify, defend and hold harmless CFSC and its officers, directors, shareholders, employees, agents and representatives (“CFSC Indemnitees”) from and against any and all costs, expenses, reasonable attorneys’ fees, accounting fees, expert witness fees, suits, liabilities, damages, losses, settlements or claims for damages, including but without limitation claims based in tort, personal injury, contract and/or any other equitable or legal theory, action or claim relating to or arising out of the Vendor’s services or products, and actual or alleged violation of the Law relating to the Business Directory, including those arising from the acts or omission of any CFSC Indemnitees, inclusive of those arising from the active or passive negligence of said CFSC Indemnitees. This provision shall survive the termination or expiration of the Agreement.

2. The Vendor, its attorneys, representatives, agents, successors, assigns, and anyone acting on its behalf, hereby release the CFSC Indemnitees from any and all liabilities, claims, demands, suits, debts, obligations, damages, actions, or causes of action of whatsoever nature, kind, and character, present or future, known or unknown, arising out of its participation in the Business Directory, including those arising from the acts or omission of any CFSC Indemnitees, inclusive of those arising from the active or passive negligence of said CFSC Indemnitees. This provision shall survive the termination or expiration of the Agreement.

3. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, any portion of any Section, paragraph or sentence containing such a prohibited provision that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the Parties hereto; and (c) the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby to the fullest extent possible.

4. This Agreement shall survive the termination or expiration of the Business Directory’s one-year period.

5. If either Party commences an action against the other Party arising out of or in connection with this Agreement, the prevailing Party shall be entitled to have and recover from the losing Party reasonable attorneys' fees and costs of suit.

By clicking the applicable acceptance button or checkbox and submitting this online application, Vendor acknowledges that it has read, understands, and agrees to be legally bound by this Agreement. Vendor’s electronic acceptance constitutes Vendor’s execution of this Agreement and has the same legal effect as Vendor’s handwritten signature.

CFSC is not required to separately execute this Agreement. The Agreement becomes effective upon Vendor’s electronic acceptance and submission of the application.

PROMOTIONAL AGREEMENT

Thank you for listing with the California First Safe Council’s (CFSC) Fire Safe Business Directory! This agreement outlines the appropriate use of promotional materials and branding associated with your listing, including cross-promotional opportunities.

1. Approved Business Promotion Materials
Businesses will be provided a “Communications Toolkit” with a variety of text and visual assets for promoting your listing digitally and/or in print. These include:

• Fire Safe Business Directory “Proud Participant” website badges/logos
• Graphics for your audience to share on social
• Pre-written text to copy/paste for social, email, and/or website

After your application is approved, you will receive an email with the link to the Communications Toolkit. You may use these assets on your business website, social media, email marketing, and other marketing materials.

All digital placements of the logo, banners, or social tags should be hyperlinked to the Directory page here:

https://cafiresafecouncil.org/fire-safe-business-directory/

2. Approved Language for Business Promotion
When referring to your listing in the Fire Safe Business Directory, please use the following approved language:

“[Your business name] is a proud participant of the Fire Safe Business Directory, a program of the California Fire Safe Council.”

3. Important Disclaimer & Restrictions
As a reminder, participation in the Fire Safe Business Directory does not imply endorsement, certification, or approval by CFSC of any kind. This includes, but is not limited to, a business’ company, products, services, partners, or agents.

Inclusion in the Fire Safe Business Directory at the Starter tier indicates that a business has paid the associated application fee to be listed in the “Other Business” section of the directory.

Participating businesses must not claim or suggest:

• That their business, products, or services are endorsed, certified, or approved by CFSC.
• That inclusion in the Fire Safe Business Directory reflects any form of evaluation, recommendation, or verification of their products or services by CFSC.
• That CFSC has tested or validated their offerings or business practices.

Any misrepresentation of participation in the Fire Safe Business Directory may result in the removal of your business’ listing from the Directory without a refund of the application fee.

4. Logo Usage Restrictions

• Businesses may not use the California Fire Safe Council logo without prior written permission.
• Businesses may use the Fire Safe Business Directory logo and other assets provided in the Communications Toolkit and in accordance with these guidelines.

5. Agreement & Compliance
By checking the box below, I confirm that I have read and understand the Fire Safe Business Directory Promotional Agreement and agree to comply with its terms. I acknowledge that failure to adhere to these guidelines may result in the removal of my listing from the Fire Safe Business Directory without a refund. I further affirm that I am an authorized representative of the company and have full power and authority to sign this agreement on behalf of the business listed below.

I acknowledge that my affirmative acceptance of this Promotional Agreement through the online application constitutes a valid and binding execution and acceptance of this Agreement. I also acknowledge that this Agreement does not require a countersignature or separate execution by California Fire Safe Council to become effective.

PROMOTIONAL AGREEMENT

Thank you for listing with the California First Safe Council’s (CFSC) Fire Safe Business Directory! This agreement outlines the appropriate use of promotional materials and branding associated with your listing, including cross-promotional opportunities.

1. Approved Business Promotion Materials
Businesses will be provided a “Communications Toolkit” with a variety of text and visual assets for promoting your listing digitally and/or in print. These include:

• Fire Safe Business Directory “Reviewed” website badges/logos
• Graphics for your audience to share on social
• Pre-written text to copy/paste for social, email, and/or website

After your application is approved, you will receive an email with the link to the Communications Toolkit. You may use these assets on your business website, social media, email marketing, and other marketing materials.

All digital placements of the logo, banners, or social tags should be hyperlinked to the Directory page here:

https://cafiresafecouncil.org/fire-safe-business-directory/

2. Approved Language for Business Promotion
When referring to your listing in the Fire Safe Business Directory, please use the following approved language:

“[Your business name] is a reviewed participant of the Fire Safe Business Directory, a program of the California Fire Safe Council.”

3. Important Disclaimer & Restrictions
As a reminder, participation in the Fire Safe Business Directory does not imply endorsement, certification, or approval by CFSC of any kind. This includes, but is not limited to, a business’ company, products, services, partners, or agents.

Inclusion in the Fire Safe Business Directory at the Starter tier indicates that a business has been reviewed for basic business requirements and has paid the associated participation fees to support the production of the directory and related promotional efforts.

Participating businesses must not claim or suggest:

• That their business, products, or services are endorsed, certified, or approved by CFSC.
• That inclusion in the Fire Safe Business Directory reflects any form of evaluation, recommendation, or verification of their products or services by CFSC.
• That CFSC has tested or validated their offerings or business practices.

Any misrepresentation of participation in the Fire Safe Business Directory may result in the removal of your business’ listing from the Directory without a refund of the application fee.

4. Logo Usage Restrictions

• Businesses may not use the California Fire Safe Council logo without prior written permission.
• Businesses may use the Fire Safe Business Directory logo and other assets provided in the Communications Toolkit and in accordance with these guidelines.

5. Agreement & Compliance
By checking the box below, I confirm that I have read and understand the Fire Safe Business Directory Promotional Agreement and agree to comply with its terms. I acknowledge that failure to adhere to these guidelines may result in the removal of my listing from the Fire Safe Business Directory without a refund. I further affirm that I am an authorized representative of the company and have full power and authority to sign this agreement on behalf of the business listed below.

I acknowledge that my affirmative acceptance of this Promotional Agreement through the online application constitutes a valid and binding execution and acceptance of this Agreement. I also acknowledge that this Agreement does not require a countersignature or separate execution by California Fire Safe Council to become effective.