HOME IMPROVEMENT SERVICES AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCEPTING THE ESTIMATE, CUSTOMER AGREES AND REPRESENTS THAT IT HAS READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTANDS THE OBLIGATIONS SET FORTH HEREIN, AND AGREES TO BE BOUND BY ITS TERMS.

This Home Improvement Services Agreement (this “Agreement”) sets forth the terms and conditions by which True Home Renovation & Repair LLC (“Contractor”) shall provide certain home improvement services for the Customer, as specified in the Estimate.

WHEREAS, the parties agree as follows:

1. Services. Contractor shall perform the work specified in the accepted Estimate (the “Services”) to the best of its ability and in accordance with industry and standards. Customer agrees that Contractor is under no obligation to perform any work not explicitly set forth in the Estimate. Additional work requires an amended or separate work order.

2. Estimates. Estimates are valid until the date set forth on the Estimate, unless the Parties agree to an extension in writing. Contractor will make best efforts to provide an accurate Estimate of materials and labor costs as determined by Contractor in its sole opinion. Labor and materials costs are subject to change and are contingent upon factors over which Contractor has no control, such as unforeseen or concealed conditions. Contractor makes no warranty, express or implied, as to the accuracy of such estimates. In the event that the cost of materials and/or labor may deviate from the Estimate, the Parties agree to update any subsequent statement of work in writing. Contractor, in its sole discretion, reserves the right to charge a fee for Estimates. Unless otherwise set forth in the Estimate, all labor will include a statutorily-required 8% sales/services tax. Materials costs include an 8% sales tax. Contractor cannot waive sales or service tax. Estimate costs do not include any fees associated with processing certain electronic payment methods.

3. Term. Unless otherwise set forth in any Estimate, this Agreement shall remain in effect until all Services have been completed or until either Party terminates in accordance with the Terms of this Agreement.

4. Access to the Premises; Dust, Dirt, and Debris; Pets and Valuables. Customer grants to Contractor full permission to enter the Premises for the duration of this Agreement for purposes of performing the Services, and to use reasonable work areas in order to complete the Services. Contractor will make best efforts to mitigate any dust, debris, dirt, or odors during the work (including reasonable sweeping and/or vacuuming) but cannot guarantee that the Premises will remain entirely clean. Contractor shall not be responsible for cleaning any surface or item not located within the immediate work area.

   Customer agrees to secure all pets, children, or valuables away from the work site so that they may not become harmed or damaged by the work. Customer agrees that Contractor shall not be held liable for any damage or harm to any individuals or personal property stemming from Customer's failure to properly secure said items.

   For Services performed outdoors, Customer understands that Services may require access to areas in and around gardens, lawns, flower beds, or other decorative vegetation. Contractor will use reasonable efforts to preserve existing vegetation. Customer grants Contractor permission to trim any interfering branches, bushes, vegetation, or shrubs that might interfere with the provision of the Services. Customer is responsible for safely storing any decorative ornaments.

5. Payment; Invoicing. Customer agrees to pay Contractor as set forth in this Agreement and the associated Estimate(s). Acceptable forms of payment are: cash, personal check, cashier’s check, Venmo, ACH, debit card, or credit card. Contractor does not accept any other form of payment. The amount for all Services will include sales tax, where applicable. Contractor reserves the right to charge a convenience fee on any charges made by credit card, debit card, Venmo, or ACH.

6. Laws and Permits. Contractor agrees to abide by all applicable laws and regulations governing the Services. If the Services require a building permit, Contractor will apply for and obtain the permit. Any fees associated with the building permit, including administrative fees, inspection fees, architectural fees, or engineering fees, shall be the responsibility of the Customer. Customer agrees and understands that Contractor may not commence the Services until a building permit has been obtained, if one is required.

7. Project Timeline; Delays. Contractor shall make best efforts to complete the Services by a time agreed to between the Parties. Customer understands that delays, including weather, materials delays, Unforeseen Conditions (as defined below), or sudden and unpredictable circumstances, may change the Services timeline. The Parties agree to negotiate in good faith to adjust the Services timeline if delays occur or might be possible.

8. Hazardous Materials. Contractor will not handle or work near hazardous materials, including asbestos, lead paint, mold, or any other banned, regulated, or dangerous substances. Customer shall be responsible for proactively notifying Contractor that the Premises may contain hazardous materials and the abatement of such materials shall be the responsibility of the home owner prior to the commencement of the Services. In the event that Contractor encounters hazardous materials, or suspects that hazardous materials may be present on the premises, contractor reserves the right to immediately stop work and request that the Customer abate the issue. In such cases, Customer understands that Contractor is under no obligation to resume the work until the threat of hazardous materials has been abated.

9. Contractor’s Business; Insurance. Contractor is a limited liability company duly formed under the laws of the State of New York. Contractor is required to adhere to the laws of New York State, in addition to any applicable local laws. Furthermore, Contractor carries commercial liability insurance, a certificate for which is available upon written request by Customer.

10. Guarantee. Contractor guarantees work performed for six (6) months after completion. Contractor agrees to replace or repair any faulty or failed work (a) if such work failed within six (6) months of installation and (b) such failure is not due to the actions or negligence of customer or to normal wear and tear, or (c) such failure it not caused by a pre-existing condition at the Premises that may contribute to premature failure of installed materials. Notwithstanding the above, contractor's guarantee does not extend to any appliance, device, component, or material that is covered by a manufacturer's warranty and failed due to a manufacturing defect. Customer agrees that Contractor will not be held responsible for any defect or failure caused by a faulty appliance, device, component, or material that failed due to such a defect.

11. Late Payments; Customer’s Failure to Pay. Payment for invoices is due upon receipt of invoice by Customer. In the event Customer fails to pay Contractor in accordance with this Agreement within thirty (30) days of invoice delivery, Contractor may assess a 1% late fee for each seven (7) day period that passes without payment. If any payment is outstanding after sixty (60) days following the completion of the Services, Customer understands that contractor may place a lien on the Premises until all outstanding invoice amounts, in addition to interest and fees, are paid. In the event Customer refuses to pay Contractor within ninety (90) days after delivery of an invoice, Contractor reserves the right to pursue legal action against Customer for the payment of any outstanding invoices. In such instances, Customer agrees that it shall pay any fees associated with Contractor's collection efforts, including attorneys’ fees, filing fees, interest, and any other fees or costs.

    ANY CONTRACTOR, SUBCONTRACTOR, OR MATERIALMAN WHO PROVIDES HOME IMPROVEMENT GOODS OR SERVICES PURSUANT TO THIS HOME IMPROVEMENT CONTRACT AND WHO IS NOT PAID MAY HAVE A VALID LEGAL CLAIM AGAINST YOUR PROPERTY KNOWN AS A MECHANIC'S LIEN. ANY MECHANIC'S LIEN FILED AGAINST YOUR PROPERTY MAY BE DISCHARGED. PAYMENT OF THE AGREED-UPON PRICE UNDER THE HOME IMPROVEMENT CONTRACT PRIOR TO FILING OF A MECHANIC'S LIEN MAY INVALIDATE SUCH LIEN. CUSTOMER MAY CONTACT AN ATTORNEY TO DETERMINE THEIR RIGHTS TO DISCHARGE A MECHANIC'S LIEN.

12. Right to Stop Work; Termination; Dispute Resolution; Refunds. CUSTOMER HAS AN UNCONDITIONAL RIGHT TO CANCEL THIS AGREEMENT UNTIL MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE AGREEMENT HAS BEEN SIGNED. CANCELLATION MUST BE DONE IN WRITING. Contractor may terminate this contract for material breach of this contract, for failure of the Customer to pay the Contractor any amount due, for bankruptcy or financial distress of Customer, or for any hindrance to Contractor in the installation process. Customer may terminate this Agreement for any material breach of this Agreement by Contractor.

    In the event a dispute arises during the term of this Agreement, the Parties agree to make good faith efforts to resolve the dispute. In the event a dispute cannot be resolved after a good faith attempt by the Parties, the Parties shall negotiate, in good faith, a refund of any payments made for work not completed. Customer shall reimburse Contractor for all amounts or costs reasonably incurred by Contractor under this Agreement up to and including the date of termination, including, but not limited to, permitting costs, engineering costs, labor costs, materials costs, and/or legal costs. Customer agrees that any Services completed satisfactorily as described in this Agreement, and in accordance with any Estimates or Work Orders, are not subject to refund. The Parties agree that nothing in this Paragraph 12 shall be deemed to be a waiver of any of the legal rights available to either Party.

    Customer agrees that if any dispute shall arise between Contractor and Customer regarding payment, or of any alleged change in the Services, Contractor may not be forced to continue work until payment is received or such dispute is resolved.

13. Unforeseen Conditions; Prior Conditions. Contractor shall bear no liability or responsibility for malfunctioning or damaged existing equipment at the Premises, including but not limited to the electrical, plumbing, gas, framing, roofing, foundation, flooring, appliances, or any other materials or systems present in the Premises. Additionally, Customer understands that certain conditions may be concealed within the Premises and are not readily visible to Contractor, in spite of Contractor’s knowledge and best efforts, during an estimate or commencement of work (“Unforeseen Conditions”). Unforeseen Conditions may include, but are not limited to: physical damage, structural damage, subsurface conditions, underground or above-ground water, gas or severed pipes, electrical or cable lines or transformers, or any other obstacle to the successful completion of the Services. Contractor shall not be responsible for delays related to Unforeseen Conditions at the Premises. If Contractor discovers Unforeseen Conditions requiring additional cost, Contractor shall present such costs to Customer through a change order and receive Customer’s written approval before beginning or continuing the Services.

14. Marketing. During the term of this Agreement, Contractor may take pictures or videos of the Premises for use in marketing or on the Contractor's website or social media platforms. Customer agrees to allow Contractor to publish such images or videos. Customer waives any right to inspect the videos or images prior to publication, and shall have no intellectual property rights to the images or videos. Contractor agrees not to (a) photograph or record, or publish photographs or recordings of, Customer or other any other individual or (b) identify the Customer, any individuals, or the specific Premises location in published marketing materials, except that Contractor may refer to the Premises by general locality (e.g. city, town, village, etc.).

15. Authority to Bind. Customer warrants that it owns the Premises or has the proper authority to enter into this Agreement.

BY ACCEPTING THE ESTIMATE, CUSTOMER AGREES AND REPRESENTS THAT IT HAS READ THIS AGREEMENT IN ITS ENTIRETY, UNDERSTANDS THE OBLIGATIONS SET FORTH HEREIN, AND AGREES TO BE BOUND BY ITS TERMS.