Home Maintenance Fall Repairs Form

HOME MAINTENANCE FALL REPAIRS AGREEMENT

This Home Maintenance Fall Repairs Agreement (the Agreement) is entered into as of by and between:

WHEREAS

WHEREAS, Homeowner owns or controls the property located at (Property) and desires seasonal fall maintenance and repairs to prepare the Property for winter conditions;

WHEREAS, Contractor is qualified to provide home maintenance, repair and seasonal services described in this Agreement and represents that Contractor has the licenses, equipment, personnel and insurance required to perform such services in a safe and workmanlike manner;

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform fall repairs and maintenance at the Property as set forth below.

SCOPE OF WORK

Contractor shall perform the fall maintenance and repair services described below at the Property. Services shall include, without limitation, the selected items in the checklist and the detailed description provided by the parties.

PAYMENT TERMS

Total Contract Price: $

Late Payment: If any undisputed amount remains unpaid after days from the due date, a late fee of % per month on the outstanding balance shall accrue, compounded monthly.

Final Payment and Lien Waiver: Final payment is due upon completion and acceptance of the work. Upon receipt of final payment in full, Contractor shall provide a written waiver of any mechanic's lien related to the work performed.

TERM AND TERMINATION

Term Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within days after written notice specifying the breach. Homeowner may also terminate for convenience upon providing days' written notice, subject to payment for work performed and materials procured up to termination.

CONFIDENTIALITY

Each party shall keep confidential and shall not disclose to any third party any non-public business, technical or financial information disclosed by the other party in connection with this Agreement, except as required by law, court order, or to perform obligations under this Agreement. Confidential information does not include information that is or becomes public through no fault of the receiving party or is independently developed by the receiving party without use of the disclosing party's confidential information.

WARRANTIES, INSURANCE, AND LIABILITY

Contractor warrants that all work performed under this Agreement will be performed in a good and workmanlike manner for a period of days from completion, excluding normal wear and tear and damage caused by third parties or acts of nature. Contractor shall maintain at its expense commercial general liability insurance and workers' compensation as required by law and shall provide proof of insurance upon request.

Limitation of Liability: Except for gross negligence or willful misconduct, neither party shall be liable to the other for consequential, incidental, special or punitive damages arising from this Agreement. Contractor's total liability for any claim arising from this Agreement shall not exceed the total amount paid by Homeowner under this Agreement.

CHANGE ORDERS; PERMITS

Any changes to the Scope of Work requested by Homeowner must be documented in a written change order signed by both parties and may affect the price and schedule. Contractor shall obtain any permits required for the work unless the parties agree otherwise in writing; costs for permits shall be billed to Homeowner as specified in the payment schedule.

ACCEPTANCE AND INSPECTION

Upon completion of the work, Contractor will notify Homeowner for final inspection. Homeowner shall inspect the work within days and provide written acceptance or a punch-list of items to be completed or corrected. Contractor shall promptly address any valid punch-list items at no additional cost if arising from Contractor's workmanship.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of without regard to its conflict of law principles. Any dispute arising from this Agreement shall be resolved in the state or federal courts located in the jurisdiction specified above.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals, representations and understandings, whether written or oral. No modification, waiver, or amendment of any provision of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

Assignment: Neither party may assign its rights or delegate its obligations under this Agreement without the prior written consent of the other party, except that Contractor may subcontract portions of the work so long as Contractor remains responsible for performance.

Severability: If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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