HOME MAINTENANCE CHECK-UP AGREEMENT
This Home Maintenance Check-Up Agreement (“Agreement”) is entered into this day by and between Elite Renovations and Designs, LLC , a Missouri Limited Liability Company (“Elite Renovations”) and (“Customer”). Customer has provided to Elite Renovations the residence or building unit covered by this agreement. (NOTE: Without prior approval from Elite
Renovations, the address listed above must be located in the following counties in Missouri: Greene, Christian, or Webster.)
WHEREAS , Customer has the express authority to enter into this Agreement for the above-referenced address;
WHEREAS , Customer desires to retain the services of Elite Renovations to provide home maintenance check-up services; and
WHEREAS , Elite Renovations agrees to provide home maintenance check-up services to Customer upon the following terms and conditions.
NOW THEREFORE , in consideration of the mutual covenants and agreements contained herein, the parties agree as follows:
Section 1. Independent Contractor. Elite Renovations is an independent contractor under this Agreement and nothing herein creates, or will be construed to create, a partnership, joint venture, agency, or employment relationship between the parties. Neither party will have the authority to enter into agreements of any kind on behalf of the other party, nor otherwise to bind or obligate the other party in any manner to any third party, by virtue of the relationship contemplated by this Agreement. Each party agrees that it shall not represent itself as the agent or legal representative of the other for any purpose whatsoever.
Section 2. Duration. The term of this Agreement shall begin on the date Customer agrees to this Agreement, and shall continue for a period of one year. This Agreement will automatically renew at the same annual fee for an additional one-year time term unless Customer informs Elite Renovations of cancellation in writing (electronic communication acceptable) thirty (30) days prior to the end of the existing term .
Section 3. Services. Elite Renovations agrees to provide the following to Customer for the address referenced above:
3.1 During each term of this Agreement, Elite Renovations will perform one on-location home maintenance check-up of Customer’s home (“Home Check-Up”) when requested by Customer free of any additional charge.
3.2 During each term of this Agreement, Elite Renovations will provide up to two repair estimates at Customer’s home (“Repair Estimates”), free of any additional charge, when requested by Customer.
3.3 For additional service calls for maintenance or repairs beyond the Home Check-Up or the two Repair Estimates the first hour of labor for each service call will be provided to Customer at no charge. Customer will be charged for all labor in excess of one (1) hour during the service call. Elite Renovations reserves the right to decline to provide labor and/or materials in any circumstances.
3.4 This is not an emergency home repair service. The average response time for Elite Renovations is 2-3 business days. In the event of an emergency, please contact an emergency repair service.
3.4 Customer will receive a 10% discount on all labor charges for service work provided by Elite Renovations during the term of this Agreement. This discount does not apply to parts or materials.
3.5 Customer will receive special invitation emails from Elite Renovations relating to varying “specials” and highlighted services available from time to time.
Section 4. Fees. Customer agrees to compensate Elite Renovations on the following basis:
4.1 Customer shall pay Elite Renovations an annual fee of $159.95 per year during each annual term of this Agreement (the “Annual Fee”). Except as set forth in this Agreement, any additional services provided by Elite Renovations, which would include labor and materials provided by Elite Renovations, shall be provided at additional charges.
4.2 Elite Renovations agrees to inform Customer in advance of charges for services and materials not covered by this Agreement, and Customer will agree in writing to these charges prior to action by Elite Renovations. Elite Renovations will have no obligation to perform any service unless all charges for services and materials are paid in full by Customer at the time of service.
Section 5. Limitations and Exclusions. Customer acknowledges the following as limitations and exclusions to the Agreement:
5.1 This Agreement, including the services and discounts in Section 3, assumes regular working hours between 8:00 am and 5:00 pm between Monday and Friday. The Services herein are not emergency response based. Typical response times will vary based upon many factors, however, a typical response time estimate is 2-3 business days.
5.2 Customer expressly acknowledges that the annual Home Check-Up is neither a detailed full home inspection nor is it a home mechanical inspection. The Home Check-Up is a visual review of the home to identify potential routine maintenance or repair suggestions for Customer.
5.3 Customer expressly acknowledges that the Home Check-Up is not a home inspection for sale purposes nor is the Home Check-Up to be used in any manner as an inspection for sale purposes. Customer expressly acknowledges that he/she has asked any questions prior to entering into this Agreement relating to what is included in Elite Renovations review during the Home Check-Up and/or how the Home Check-Up is not a home inspection.
5.4 By entering into the Agreement, Customer acknowledges that services provided by Elite Renovations do not extend the manufacturer recommended life cycle of home materials, equipment or systems.
Section 6. Disclaimer of Warranties and Limitation of Liability.
6.1 ELITE RENOVATIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. While Elite Renovations will rely on its experience during the Home Check-Up and while performing services, Elite Renovations is not responsible for potential maintenance, repairs, damages, dangerous conditions, or similar not identified to Customer.
6.2 IN NO EVENT WILL ELITE RENOVATIONS BE LIABLE FOR ANY DAMAGES, LOST SAVINGS, OR OTHER ACTUAL, DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO DAMAGES ARISING FROM THE HOME CHECK-UP, FAILURE TO IDENTIFY POTENTIAL MAINTENANCE, REPAIR, DAMAGED ITEMS, DANGEROUS CONDITIONS, OR SIMILAR DURING THE HOME CHECK-UP, OR FOR ANY OTHER SERVICES, MAINTENANCE, OR REPAIRS BY ELITE RENOVATIONS. THIS IS EVEN IF ELITE RENOVATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM AGAINST CUSTOMER OR ELITE RENOVATIONS BY ANY OTHER
PARTY ARISING HEREUNDER.
6.3 CUSTOMER SHALL INDEMNIFY AND HOLD HARMLESS ELITE RENOVATIONS FROM AND AGAINST ANY AND ALL SUCH ACTIONS OR CLAIMS.
6.4 ELITE RENOV A TIONS’S LIABILITY HEREUNDER FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL BE LIMITED TO MONIES ACTUALLY PAID BY CUSTOMER TO ELITE RENOVATIONS FOR THE ANNUAL FEE HEREUNDER.
6.5 Customer may not transfer this Agreement to a house at an address not listed in this Agreement unless Customer receives advanced written approval from Elite Renovations. Elite Renovations, at its sole discretion, may decline to approve any such transfer requested by Customer.
Section 7. Deduction; Set-off. Customer shall not make any deductions from and shall not assert any right of set-off against payments due to Elite Renovations.
Section 8. Independent Contractors. Elite Renovations may, for the performance of the various services by Elite Renovations, utilize the services of independent contractors elected by Elite Renovations.
Section 9. Attorneys’ Fees. In the event of any litigation by Elite Renovations to declare or enforce any provision of this Agreement, Elite Renovations shall be entitled to recover from Customer, in addition to any other recovery and costs, reasonable attorneys’ fees incurred in such litigation, in both the trial and in all appellate courts.
Section 10. Governing Law; Forum Selection. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Missouri, excluding its conflict of laws provisions. Any dispute under or in connection with this Agreement or any of the transaction contemplated herein shall be subject to, and the parties hereby submit to, the exclusive jurisdiction of and the personal jurisdiction within the state and federal courts within Greene County, Missouri.
Section 11. Titles and Captions. All article and section titles or captions contained in this Agreement are for convenience only and shall not be deemed part of the context nor affect the interpretation of this Agreement.
Section 12. Pronouns and Plurals. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the person or persons may require.
Section 13. Entire Agreement. This Agreement contains the entire understanding between and among the parties and supersedes any prior understandings and agreements among them respecting the subject matter of this Agreement.
Section 14. Agreement Binding. Except as otherwise expressly provided herein, the provisions hereof shall inure to the benefit of, and be binding upon, the successors and assigns of
the parties hereto.
Section 15. Modification. Except as otherwise provided in this Agreement, this Agreement can only be modified by a written agreement that is signed by Customer and accepted in writing by Elite Renovations .
Section 16. Amendment or Waiver. Neither this Agreement nor any term hereof may be amended, waived, discharged or terminated except by a written instrument signed by Customer and Elite Renovations.
Section 17. Presumption. This Agreement or any section thereof shall not be construed against any party due to the fact that said Agreement or any section thereof was drafted by said
Section 18. Assignment. Neither party shall assign or transfer this Agreement without the prior written consent of the other party.
Section 19. No Waiver. The delay or failure of either party to exercise any right under this Agreement or to take action against the other party in the event of any breach of this Agreement shall not constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this Agreement.
Section 20. Severability. If any term or provision of this Agreement or the performance thereof shall to any extent be deemed invalid or unenforceable, such validity or unenforceability shall not affect or render invalid or unenforceable any other provision of this Agreement and this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Section 21. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Delivery of an executed counterpart of a signature page to this Agreement (or any amendment hereto or any other document delivered pursuant hereto) by electronic or facsimile means shall be as effective as delivery of a manually executed counterpart of this Agreement. In proving this Agreement, it shall not be necessary to produce or account for more than one such counterpart signed by the parties against whom enforcement is sought.