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General Service Agreement

General Provisions:

- Our service department bills on a time and materials (T&M) basis.

- Final invoices will reflect actual man-hours needed and materials used. Rain Pros, Inc. cannot make any guarantee of the accuracy of T&M estimates or budget requests. Estimates are provided as a courtesy.

- Budget requests may not be sufficient to correct all issues or even potentially identify all problems. However, we will not exceed the budget without prior consent.

- We schedule visits with a 4 hour window of arrival and will call typically 3-7 days in advance.

- Verbal approval of budgets will be considered a part of this agreement.

- If you know you need to be home during the service call and are not available a 1 hour standard service call rate will be billed, the subsequent rescheduled visit will be billed separately.

- Cancellations within 48 hours of a scheduled visit will result in a 10% fee of the agreed upon budget for the planned work.

- Greater than 2 rescheduled appointments will result in a $50 deposit being required in order to reschedule, for each additional rescheduled appointment. Missed appointments will forfeit the deposit.

- All work will be performed in a professional workman like manner with appropriate safety equipment provided.

- All Rain Pros standard materials and practices if not specified will be followed, deviations may incur additional expense.

- We reserve the right to refuse service to any one.

- Every effort will be made accommodate scheduling preferences within the rebate period but no guarantee can be made.

Payment Terms:

- Payment is due at the time of service.

- Payment can be given directly to the service technicians on site, physically mailed or submitted via ACH transfer from the emailed copy of the invoice.

- Credit card payments are accepted with no convenience fee.

- $40 late fee will be assessed 5 days after due date plus 1% per month interest will accrue from original due date.

- In the event of litigation or a referral to a collection agency regarding this contract the prevailing party shall collect all associated expenses and reasonable attorney’s fees, not less than 36% of the original contract amount.

ProCare Subscription Packages:

- Actual zone count will be confirmed by technician.

- Early cancellation requires covering any deferred payments plus a $25 cancellation fee.

- Notify us immediately if you plan to move and cancellation fee will be waived.

- Renewal of the Subscription occurs automatically.

Warranty:

- All materials and craftsmanship are warrantied for 30 days from the day of service. Follow up visits after 30 days will be billed as a separate request.

Severability:

- In the event that any of the provisions of this agreement are held to be invalid or unenforceable in the whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.

Waiver:

- The waiver by either party of any provision will not be construed as a waiver of any subsequent violations of the same or other provisions.

Entire Agreement:

- It is agreed that there is no representation, warranty or condition affecting this agreement except as expressly provided in this agreement.

Limited Liability:

- In recognition of the relative risks and benefits of the Project to both the Client and Rain Pros, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Rain Pros for any and all claims, losses, costs, damages of any nature whatsoever whether arising from breach of contract, negligence, or other common law or statutory theory of recovery, or claims expenses from any cause or causes, including attorney’s fees and costs and expert witness fees, so that the total aggregate liability of Rain Pros shall not exceed the amount of the total cost of the total fee for services rendered on the Project. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law, including but not limited to negligence, breach of contract, or any other claim whether in tort, contract or equity.

Contact Information:

- Client confirms contact information provided below is accurate and will update Rain Pros with any changes.

- Client agrees this contract is binding and will remain in full force and effect indefinitely, including changes in company policy and pricing. Updated copies of the agreement will be provided upon request.

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March 10, 2020 11:59 AM PDT

General Service Agreement Uploaded by Joel Lewis - joel@rainpros.com IP 107.77.205.109

June 18, 2020 4:51 PM PDT

Joel Lewis - Joel@rainpros.com added by Riley Andal - riley@rainpros.com as a CC'd Recipient Ip: 107.77.205.41