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___ Authorization Authorization to Perform Services and Direction of Payment
<br /> Terms and Conditions of Service
<br /> READ CAREFULLY
<br /> Note: This Contract includes a limitation of liability and limitation of remedies.
<br /> 1. SERVPRO6 is one of the largest nationwide Cleaning and Restoration Franchise Systems in the United States.The SERVPROe Franchise owner
<br /> identified on the front of this Contract(the'Provider")is an independent contractor who agrees to perform the services identified on the front of this
<br /> Contract(the"Services").Client agrees to purchase,receive,and pay for the Services pursuant to the terms and conditions of this Contract.
<br /> Servpro Industries,Inc.,the Franchisor,is not a party to any agreement with Client,is not a guarantor of the Provider's Services,and is not subject
<br /> to liability arising out of such Services.
<br /> 2. Provider's performance of the Services is limited by,among other things,the pre-existing conditions and characteristics of the premises,material,
<br /> fabrics,furniture,and/or other items.PROVIDER EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PREEXISTING
<br /> CONDITIONS.Client shall retain responsibility and shall be liable for all effects of and costs necessary to correct such conditions,including,by way
<br /> of example and not limitation,the conditions identified below:
<br /> (a) Provider may,in its sole discretion,pre-test materials for removability of spots or stains;dye or color fastness;shrinkage;fading;adhesive
<br /> breakdown;or other problems.It is not always possible to determine these conditions in advance.PROVIDER DOES NOT GUARANTEE
<br /> SPOT OR STAIN REMOVAL AND COLOR FASTNESS OR PREVENTION OF SHRINKAGE,FADING,OR ADHESIVE BREAKDOWN.
<br /> (b) Provider DOES NOT GUARANTEE that wall and ceiling cleaning will restore the original color to painted surfaces.
<br /> (c) Not all fabrics are conducive to cleaning.Provider shall use reasonable efforts to advise Client of any adverse effects which may be reasonably
<br /> foreseen due to the nature of the fabric or material involved.PROVIDER DOES NOT GUARANTEE THAT SUCH MATERIALS CAN BE
<br /> CLEANED OR THAT THERE WILL BE NO ADVERSE EFFECTS FROM ANY ATTEMPT TO CLEAN SUCH FABRICS.
<br /> (d) A variety of materials are used in the manufacturing,upholstery and/or installation process.These materials include backing,lining,tacks,or
<br /> other unknown substances that may cause discoloration or other adverse effects to the face material.Client acknowledges that it is impossible
<br /> to determine when such adverse effects may occur and PROVIDER DOES NOT GUARANTEE AGAINST SUCH ADVERSE EFFECTS.
<br /> (e) Client acknowledges and agrees that mold is commonly found throughout the environment and that it is impossible to eradicate mold.
<br /> PROVIDER DOES NOT GUARANTEE THE REMOVAL OR ERADICATION OF MOLD.
<br /> 3. PROVIDER SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AND ALL IMPLIED WARRANTIES(EITHER IN FACT OR BY
<br /> OPERATION OF LAW)INCLUDING,BUT NOT LIMITED TO,ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
<br /> PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING,CUSTOM OR USAGE OF TRADE.
<br /> THIS CONTRACT PROVIDES FOR THE PROVISION OF SERVICES AND DOES NOT PROVIDE FOR A SALE OF GOODS.
<br /> 4. Limitation of Liability: IN NO EVENT SHALL PROVIDER,ITS OWNERS,ANY OFFICERS,DIRECTORS,EMPLOYEES,OR AGENTS,
<br /> FRANCHISOR,OR AFFILIATES BE RESPONSIBLE FOR INDIRECT,SPECIAL,NOMINAL,INCIDENTAL,PUNITIVE OR CONSEQUENTIAL
<br /> LOSSES OR DAMAGES,OR FOR ANY PENALTIES,REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED,INCLUDING
<br /> CONTRACT,NEGLIGENCE,WARRANTY,STRICT LIABILITY,STATUTE OR OTHERWISE,EVEN IF IT HAD BEEN AWARE OF THE
<br /> POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE;OR FOR CLAIMS BY A THIRD PARTY.THE MAXIMUM AGGREGATE
<br /> LIABILITY SHALL NOT EXCEED THREE TIMES THE AMOUNT PAID BY CUSTOMER FOR THE SERVICES OR ACTUAL PROVEN
<br /> DAMAGES,WHICHEVER IS LESS.IT IS EXPRESSLY AGREED THAT CUSTOMER'S REMEDY EXPRESSED HEREIN IS CUSTOMER'S
<br /> EXCLUSIVE REMEDY.THE LIMITATIONS SET FORTH HEREIN SHALL APPLY EVEN IF ANY OTHER REMEDIES FAIL OF THEIR
<br /> ESSENTIAL PURPOSE.Some states/countries do not allow the exclusion or limitation of incidental or consequential damages,so the
<br /> above may not apply to you.
<br /> 5. Should Provider bring legal action to collect monies due under the Contract or should the matter be turned over for collection,Provider shall be
<br /> entitled,to the fullest extent permitted under law,to reasonable legal fees and costs of any such collection attempt,in addition to any other amounts
<br /> owed by Client.This attorney fee provision shall not be effective or enforceable in jurisdictions where attorney fee provisions are made reciprocal or
<br /> invalid by operation of law.Consent is hereby given for filing of mechanic's liens by Provider for the work described in this contract on the property
<br /> on which the work is performed if Provider is not paid.
<br /> 6. Any labor,materials or other work beyond that identified in this Contract shall require a written amendment to this Contract and will result in
<br /> additional charges.
<br /> 7. Any claim by Client for faulty performance,for nonperformance or breach under this Contract for damages shall be made in writing to Provider
<br /> within sixty(60)days after completion of services.Failure to make such a written claim for any matter which could have been corrected by Provider
<br /> shall be deemed a waiver by Client.NO ACTION,REGARDLESS OF FORM,RELATING TO THE SUBJECT MATTER OF THIS CONTRACT
<br /> MAY BE BROUGHT MORE THAN ONE(1)YEAR AFTER THE CLAIMING PARTY KNEW OR SHOULD HAVE KNOWN OF THE CAUSE OF
<br /> ACTION.
<br /> 8. A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
<br /> 9. CLIENT AND PROVIDER EACH WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY WITH RESPECT TO ANY AND ALL CLAIMS OR
<br /> CAUSES OF ACTION(INCLUDING COUNTERCLAIMS)RELATED TO OR ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS
<br /> CONTRACT AND AGREE THAT ANY CLAIM OR CAUSE OF ACTION WILL BE TRIED BY A COURT TRIAL WITHOUT A JURY.
<br /> 10. If any provision of this Contract is found to be Ineffective,unenforceable or illegal for any reason under present or future laws,such provision shall
<br /> be fully severable,and this Contract shall be construed and enforced as if such provision never comprised a part of this Contract.The remaining
<br /> provisions of this Contract shall remain in full force and effect and shall not be affected by the ineffective,unenforceable or illegal provision or by its
<br /> severance from this Contract.
<br /> 11. No modification,termination,or attempted waiver of this Contract shall be valid unless in writing and signed by the party against whom the same is
<br /> sought to be enforced.
<br /> •
<br /> SERVPRe Franchisees are always looking for motivated employees.
<br /> SERVPRO's individually owned and operated franchises offer a variety of positions including crew chief,
<br /> production technician, marketing representative,administrative assistant,and many more.
<br /> 28000 0$/14
<br /> Each,SERVl'RU"/•vnr:/rn,'tclrrdrnrmLaul,,n„,,,..! 1
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