1. Acceptance of these terms
These Terms of Service ("Terms") govern your use of the website operated by Hardin Peak Management LLC ("Hardin Peak", "we", "us" or "our") and, where applicable, your engagement of our services. By using this website or engaging us, you agree to these Terms. If you do not agree, please do not use the website.
2. Our services
We provide property management services, including marketing and leasing, tenant screening, rent collection, maintenance coordination, inspections, financial reporting and association management. Services are provided in Kentucky and are subject to applicable state and local law, including licensing requirements for real estate activity.
Information on this website is general in nature and is not legal, tax, accounting or investment advice. Rent estimates, timelines and fee examples are illustrative and do not constitute an offer or a guarantee of results.
3. The management agreement controls
Property management services are performed only under a separate written management agreement signed by you and by us. Where these Terms conflict with a signed management agreement or statement of work, that signed document controls. Nothing on this website creates a management relationship, an agency relationship or any obligation on our part until such an agreement is signed.
4. Fees and payment
- Fees are stated in U.S. dollars and are set out in your management agreement or invoice.
- Management fees are calculated on rent collected and deducted from owner funds before each disbursement.
- Third-party costs such as repairs, utilities, insurance, licenses and court fees are charged at cost.
- Invoices not covered by owner funds are due within 15 days of the invoice date.
- Published fees may change with 30 days' written notice; changes do not apply retroactively.
5. Owner responsibilities
If you engage us, you agree to maintain adequate property and liability insurance naming us as an additional insured, to keep the property in habitable and code-compliant condition, to fund an operating reserve as set out in the agreement, to disclose known defects and existing leases, and to respond to approval requests in a reasonable time. Delays in funding or approvals may affect our ability to complete work.
6. Fair housing and equal opportunity
We comply with the federal Fair Housing Act, the Kentucky Civil Rights Act and applicable local ordinances. All applicants are evaluated using the same written criteria. We will not accept instructions to market, screen, lease or manage a property in a way that discriminates on the basis of race, color, religion, sex, familial status, national origin, disability or any other protected characteristic.
7. Website use and intellectual property
All content on this website, including text, graphics, layout and code, is the property of Hardin Peak Management LLC and may not be copied, republished or used for commercial purposes without our written permission. You agree not to use the website to transmit unlawful content, interfere with its operation, attempt unauthorized access or collect data by automated means.
8. Disclaimers
We will perform our services with reasonable care and skill consistent with industry standards. Except as expressly stated, this website and its content are provided "as is" without warranties of any kind, express or implied. We do not guarantee particular rent levels, occupancy rates, tenant behavior, property appreciation or investment returns, and we are not responsible for the acts or omissions of third-party vendors, tenants or government agencies.
9. Limitation of liability
To the fullest extent permitted by law, Hardin Peak Management LLC will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost rent, profits or data. Our total liability arising out of the services will not exceed the total management fees you paid us in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under Kentucky law.
10. Term and termination
Management agreements run for an initial term of 12 months and continue month to month thereafter unless otherwise stated. After the initial term, either party may terminate with 30 days' written notice. On termination we will deliver keys, records, tenant ledgers and remaining funds, less fees and costs incurred through the termination date. Existing leases and deposits transfer with the property.
11. Governing law and disputes
These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to conflict of law rules. The parties will first attempt to resolve any dispute through good-faith discussion and, if that fails, through mediation. Any remaining dispute will be brought in the state or federal courts located in Fayette County, Kentucky, and both parties consent to that jurisdiction.
We may update these Terms. The effective date above shows when they were last revised, and continued use of the website after changes means you accept the updated Terms.
Questions about these Terms may be sent to [email protected], or by mail to Hardin Peak Management LLC, 2001 Family Cir, Lexington, KY 40505.