Service Agreement
Home Maintenance Agreement Informational Overview
1. Intent
The purpose of this Agreement is to define the terms under which the Service Provider will deliver Services to the Homeowner. The specific Services are detailed in Exhibit A. Services will be performed using skilled and qualified personnel in accordance with the schedule set forth in Exhibit A.
2. Subscription Fees and Payment Terms
The Homeowner pays a monthly subscription fee (“Subscription Fees”) as detailed in Exhibit A. Payment is made by credit card or other method agreed upon by both parties and continues until the subscription is canceled in accordance with Section 3. Automatic monthly billing is authorized for all ongoing Services unless terminated in writing by the Homeowner.
3. Term and Termination
The Agreement operates on a month-to-month basis until terminated by either party.
- Homeowner Termination: The Homeowner may terminate at any time by providing written notice.
- Service Provider Termination: The Service Provider may terminate by providing thirty (30) days written notice.
Upon termination, the Homeowner remains responsible for Subscription Fees up to the termination date. Termination does not affect accrued rights or obligations.
4. Release: Liability Limitations
The Homeowner expressly releases the Service Provider from liability for any claims whatsoever, including personal injury or property damage (including structure or contents), unless caused by gross negligence or willful misconduct of the Service Provider.
The Service Provider’s liability is limited to the total Subscription Fees paid by the Homeowner to the Service Provider during the twelve (12) months immediately preceding the claim. This limitation applies to all causes of action, including breach of contract, negligence, strict liability, misrepresentation, and tort. Neither party is liable for indirect, special, incidental, consequential, or punitive damages.
5. Dispute Resolution
Mediation/Arbitration: Any controversy or claim relating to this Agreement or Services must be resolved by binding arbitration administered under the rules of the American Arbitration Association (AAA). Either party may request a panel of three arbitrators, but in the absence of agreement, the requesting party bears the additional costs.
The arbitration award is final and binding. Judgment may be entered in any court having jurisdiction. This provision is governed by the Federal Arbitration Act. Before arbitration, both parties agree to attempt at least four (4) hours of mediation.
Class Action Waiver: Any legal proceedings must be brought in an individual capacity, not as part of a class, collective, or representative action.
6. Governing Law
The Agreement is governed by the laws of the State of Michigan, without regard to conflicts of laws principles.
7. Amendments and Modifications
No modification is valid unless in writing and signed by both parties. Oral agreements, promises, or understandings are not enforceable.
8. Notices
Notices or communications must be in writing and delivered personally, by first-class mail, certified mail, or nationally recognized courier. Notices are effective upon delivery or within the standard delivery timeframe depending on method used.
9. Entire Agreement
This Agreement constitutes the complete agreement between the Service Provider and the Homeowner and supersedes all prior agreements, negotiations, or understandings, whether written or oral.
10. Severability
If any provision is found invalid or unenforceable, the remaining provisions remain in effect.
11. Assignment
Neither party may assign, transfer, delegate, or subcontract rights or obligations without prior written consent. Unauthorized assignment is void.
12. Force Majeure
The Service Provider is relieved of obligations under this Agreement due to events outside its control, including: natural disasters, acts of war or terrorism, labor disputes, supply shortages, embargoes, government actions, national emergencies, and other similar events. Written notice of such events must be provided.
13. Counterparts
This Agreement may be executed in multiple counterparts, each of which is considered an original and together constitute one binding agreement.
14. Authorization to Enter into Agreement
The individual executing this Agreement on behalf of any party represents that they are authorized to do so.
Exhibit A (To Include) – Subscription Fees & Services
Provided to homeowner upon agreement
1. Description of Services
Details of specific services to be provided.
2. Subscription Fee Structure
Subscription fees as determined by the Service Provider.
3. Payment Terms
- Subscription Fees charged monthly.
- Automatic payments continue unless canceled in writing.
- Fees are billed to the Homeowner’s payment method on file.