- Participant's representations: The Participant represents that: (a) Participant
owns or rents and resides in the residential dwelling identified above and that the dwelling is located in
CenterPoint Energy's electric service territory; (b) the dwelling has a fully operational central cooling system in
good working condition; (c) Wi-Fi internet connectivity is present in the dwelling and Participant will
have either a mobile device, tablet or PC available to register the smart thermostat during installation;
(d) Participant currently participates in CenterPoint Energy's Summer Cycler Programs; and (e) Participant has not
previously received a rebate from CenterPoint Energy for a smart enabled thermostat.
- Access to Participant's Residential Dwelling: The Participant will provide access
to the residential dwelling for the Installer to install a smart enabled thermostat for each air conditioning
unit at the dwelling, up to a maximum of two thermostats per home. The installation will include ensuring
that the thermostat is connected to Participant's Wi-Fi internet service. The Installer will remove up to
two existing thermostats and replace them with a smart enabled thermostat. The Installer will properly
dispose of thermostats containing a mercury switch. Participant agrees that the Installer is not
responsible for aesthetic issues (e.g. unpainted areas, holes, etc.) caused by removal of the existing
thermostat. Once the installation is complete, Participant will assume ownership of the new smart enabled
thermostat and will be solely responsible for all operation and maintenance thereafter, including subsequent
removal of the smart enable thermostat. Upon installation, the thermostat will be enrolled in Smart Thermostat
Rewards program and will remain in the program for a minimum of 3 years. Participant may be
subject to additional fees for early termination. Participant is not eligible to receive a rebate for the
smart enabled thermostat(s) installed for this program.
- Participant's Acknowledgements: I acknowledge that:
(a) my participation in the Smart Cycle Rewards program is voluntary.
(b) I am eligible to receive a smart enabled thermostat for each air conditioning unit at my dwelling, up to a maximum of two (2) thermostats.
(c) CenterPoint Energy shall have the right, at its sole discretion, but subject to the terms and conditions set forth herein, to conduct Cycling Events as necessary to reduce electric demand.
(d) I shall participate in surveys related to the Smart Cycle Rewards program that will assist CenterPoint Energy in evaluating the effectiveness of the program.
(e) CenterPoint Energy does not guarantee that the energy efficiency measures installed or services provided through this program will result in either energy or cost savings.
(f) Not all HVAC systems are compatible with smart thermostats; therefore, CenterPoint Energy does not guarantee installation of the smart enabled thermostat in a customer's home.
(g) Issues related to the installation of the thermostat should be directed to the contractor within 48 hours of installation.
(h) Technical questions/issues related to the Smart Thermostat should be directed to Smart Thermostat manufacturer and questions related to the Smart Cycle program should be directed to CenterPoint Energy's Energy Efficiency Advisors at 1-866-240-8476. If you have questions related to your HVAC system, direct those to your contractor. CenterPoint Energy is not responsible for the condition or performance of your HVAC system.
(i) CenterPoint Energy has my permission to share my energy usage and billing data collected during the data collection period with third parties who have a need to know the information, especially third parties who evaluate the effectiveness of the program.
- Release and Hold Harmless: . I agree to release and hold CenterPoint Energy, its officers,
directors, employees and agents, harmless from any and all claims, losses, damages, liabilities and costs, including
reasonable attorneys' fees, arising as a result of my participation in the Wi-Fi Thermostat Rewards Program, except
to the extent of CenterPoint Energy's gross negligence.
SPECIAL PROVISIONS DURING CORONAVIRUS
READ CAREFULLY - THIS DOCUMENT AFFECTS
YOUR LEGAL RIGHTS
In connection with the Program, CenterPoint Energy requests access to the
property (the "Property") you have designated to perform an
install of a smart thermostat or related work (the "Services")
subject to the following coronavirus disease 2019 ("COVID-19")
screening. Accordingly, you confirm that no person residing at the
Property (each, a "Resident") has:
- Tested positive for the coronavirus or COVID-19 In the
past 14 days;
- Experienced symptoms of COVID-19, as identified by the
Centers for Disease Control and Prevention, including an
elevated temperature, in the past 24 hours; or
- Been in close contact in the past 14 days with someone
with a suspected or confirmed case of COVID-19.
While CenterPoint Energy is committed to the safety of its customers
and is taking precautionary measures to prevent the spread of
COVID-19, there are risks associated with obtaining the Services.
Accordingly, you acknowledge the health risks associated with the
Services. IN CONSIDERATION OF RECEIVING THE SERVICES, ON BEHALF
OF YOURSELF AND ALL RESIDENTS, YOU VOLUNTARILY WAIVE, RELEASE,
DISCHARGE, AND COVENANT NOT TO SUE CENTERPOINT ENERGY OR ITS SUBCONTRACTORS
AND ANY OF EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS,
DIRECTORS, AGENTS, PARENTS OR AFFLIATES FOR ANY AND ALL CLAIMS OR
CAUSES OF ACTION YOU OR ANY RESIDENT MAY HAVE RELATING TO
COVID-19, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT,
UNDER STATUTE OR RULE OR OTHERWISE.