Terms & Conditions
Restored Right Inc. Terms & Conditions:
WORK AUTHORIZATION
The undersigned hereby authorizes Restored Right Inc. to complete the authorized work at the following location to mobilize and complete the necessary work to restore, rebuild, clean, and/or deodorize the building structure and/or contents and/or to provide emergency services as authorized by owner and/or insurance representative relating to the loss or work. The person signing below represents that they have the authority to do so on the owner's behalf. Owner agrees to pay Restored Right Inc. for all labor, materials, and equipment utilized to mobilize, demobilize, and perform the work with pricing as outlined in the separate estimate. This estimate may need to be provided at a later date once the scope of work is confirmed. Owner understands and agrees that a price may have to be determined at a later date once the scope of work is identified and will be determined by Restored Right Inc.’s Time, Equipment, & Materials and/or independent pricing set for insurance restoration purposes by Xactimate. Owner agrees to make payment directly to Restored Right Inc. for the work and for any deductible, depreciation, or amounts not covered by insurance for this work. Owner agrees to remove cash, jewelry, firearms, collectibles, or any valuable items prior to work start. Owner acknowledges the understanding and agreement to all terms and conditions outlined below.
Scope of Work & Additional Work: Restored Right Inc. agrees to perform the scope of work referenced on page 1; owner agrees that any supplements or additions to work may be accomplished
verbally or with a written change order. Supplemental work includes betterment; owner selected changes, and/ or enforcement of code or ordinances by municipality or building department.
Lump Sum Contract & Pricing: A detailed estimate will be written to define the scope and pricing, if not based on time, equipment & materials. A copy of the same is available upon request. If owner reduces the overall scope of work, overhead and profit originally calculated will still apply to the overall price. Restored Right Inc. at its option may utilize value engineering to complete the same work in a more efficient manner or in order to achieve a savings to Restored Right Inc..
Work Quality: All work involving restoration and/or repairs is for the damaged work only and for like kind & quality craftsmanship and does not cover unaffected areas and does not cover restoring existing deficiencies. Estimate presumes original walls, floors and framing are plumb, square, and straight. Construction does not result in “Perfect Finishes” such as is found in manufacturing under a controlled environment. Our work will conform to existing qualities and will be governed by references published by the National Association of Home Builders, “Residential Construction Performance Guidelines”. All construction debris will be removed from the project and areas left in a swept and/or shop vacuumed quality cleaned condition.
Contract Time: Time is of the essence to this agreement and contractor will diligently pursue substantial completion of the work, but will not be held liable for delays due to deliveries, weather, owner or insurance carrier, scheduling of trade issues or any other conditions beyond contractor’s control. Owner agrees to hold harmless contractor for any additional delays to work. Owner further agrees not to cause delays to project for any reason and to provide clear and continuous access to the work site from 8:00am to 6:00pm. Restored Right Inc. may at their option, place a ‘LOCK BOX” at the property and assumes no responsibility for unauthorized entry. Owner agrees to provide electricity, heat, water, local telephone, and sanitary facilities. Substantial completion is the date when the property can be occupied for its intended use, not when the work is 100% satisfactory. Customer agrees to sign Certificate of Satisfaction upon project completion.
Invoice & Payment Method: If the insurance company does not pay Restored Right Inc. directly, Owner agrees to make payment to Restored Right Inc. for the Work, whether or not such Work is covered by insurance. Restored Right Inc. may invoice work for parts of work complete. Owner shall pay Restored Right Inc. the amount of each invoice no later than ten (30) days following Owner’s receipt of the invoice. If payment is not sent from the insurance company, the owner of the property is required to pay the invoice in full within 30 days of receiving the invoice. Our invoices are not negotiable and the owner is responsible for the full invoice price regardless if insurance pays out less than the invoice price. Interest shall accrue on payments not received within such time at the lesser of (i) the maximum lawful interest rate or (ii) one and one-half percent (1 ½ %) per month. Any remaining balance of the Contract Price after the above payments are made shall be paid no later than ten (30) days following completion of the Work. At the completion of Final Walk Through, owner
must pay Restored Right Inc. for all sums less correction items on list. Items addressed after Final Walk Through will be placed on a warranty list and will not be subject to subtractions from final payments subject to limited warranty below.
Limited Warranty: Conditioned upon payment in full of all amounts due Restored Right Inc., Restored Right Inc. warrants that the Work will be free from defects for a period of one year from the first day the Work is occupied or is ready to be occupied (whichever occurs first) by Owner and shall assign to Owner all applicable warranties of manufactures, supplies or others. Restored Right Inc.’s warranty is limited to repair or replacement, at Restored Right Inc.’s option, of the defective work and specifically excludes any equipment or materials covered by manufacturer’s, supplier’s or others’
warranties, and also specifically excludes incidental or consequential damages. This warranty specifically excludes cracking, etc. of any concrete, drywall, plaster, caulking, sealant, tile, or any other product subject to movement of any kind. This warranty also excludes any loss caused by or consisting of any mold or microbial growth whether or not caused by Restored Right Inc. or their subcontractors or suppliers. Owner further agrees to hold Restored Right Inc. harmless from all claims for personal, professional, or property damage related to mold, microbial growth, fungi, mildew. Except as provided herein, there are no other expressed or implied warranties.
Certain Owner Obligations: Owner shall make customer selections within Restored Right Inc. deadlines or pay additional overhead fees to Restored Right Inc. and agrees to utilize the design center of contractor’s or homeowners choice to do so. If owner fails to make timely selections, Restored Right Inc. can make selections on behalf of owner with standard items. Owner agrees to allow Restored Right Inc. to communicate with insurance company in order to facilitate the processing and payment of the claim. Owner agrees to quickly facilitate the signing of any proof of loss and/or mortgage company inspections and/or endorsements to claim payments. Owner waives any right of recovery or subrogation against Restored Right Inc. to the extent of Owner’s insurance coverage. Owner shall provide and maintain Property, Building, Personal Property, Builders Risk, “All Risk” and Premises Liability Insurance covering the Work, including all materials and supplies on site but not yet installed.
Hazardous or Other Conditions: Restored Right Inc. may halt the work upon any finding of hazardous substances or unsafe conditions. Restored Right Inc. will notify owner upon the discovery of any such items. Owner must notify Restored Right Inc. of any known hazardous items at the site including; asbestos, chemicals, lead, or other and owner shall indemnify and hold harmless Restored Right Inc. from and against any and all claims arising from or related to the Conditions, and Restored Right Inc. shall be entitled to payment from Owner for all costs, expenses and damages, including reasonable attorneys’ fees and expenses, it incurs as a result of the Conditions. If conditions cause delay to project for more than 1 week, Restored Right Inc. may terminate this agreement. While Restored Right Inc. performs work related to and including the removal of mold and mold spores, owner agrees to hold Restored Right Inc. harmless from any and all claims for physical, personal, and/or mental damages related to or consisting of mold or microbial growth of any sort or manner.
Default: If Owner defaults in any of its obligations hereunder, Restored Right Inc. may, at its option, in addition to other remedies provided in this Contact or pursuant to applicable law or principles of
equity, pursue one or more of the following remedies; suspend some or all of the Work until all defaults have been cured, upon three (3) days written notice to Owner, terminate some or all of Restored Right Inc.’s obligations under this Contract, and/or recover all amounts due under this Contract plus all expenses and reasonable attorneys’ fees and expenses incurred by Restored Right Inc. as a result of Owner’s breach or Restored Right Inc.’s enforcement of this Contract. In the event this Contract or Restored Right Inc.’s obligations are terminated by Restored Right Inc. pursuant to the terms of this Contract, Restored Right Inc. shall be paid for all Work performed through the date of termination in an amount that will compensate Restored Right Inc. for all costs incurred, plus thirty percent of those costs. Restored Right Inc. retains the right to file a Mechanics Lien for services rendered and hereby notifies owner that Restored Right Inc. will file said liens to protect Restored Right Inc.’s interest in the subject property. In such event, owner shall pay all interest charges and filing fees for the lien. Owner shall also pay Restored Right Inc. liquidated damages of $100.00 for each owner delay.
Dispute Resolution: Any Controversy or claim arising out of or relating to this Contract or work performed pursuant thereto shall be resolved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon the award may be entered in any court having jurisdiction. Restored Right Inc. shall be entitled to all reasonable attorneys’ fees and other legal associated costs. Limitation, Waiver, and Venue: Owner and Restored Right Inc. agree that venue for any legal proceedings shall be Orange County, California and that Cailfornia law shall govern all disputes relating to this agreement. The Arbitration shall be conducted by the American Arbitration Association. Owner agrees not to libel or slander contractor for any reason whatsoever and that in doing so to any source, agrees to indemnify contractor an amount equal to $5,000.00 unless it can be proven that such libel & slander did not cause any damages. Owner and contractor further waive their right to trial by jury and any claims for consequential or punitive damages against each other.
Limitation Of Liability: Limits of Liability to the fullest extent permitted by law, Restored Right Inc. will not be liable for personal injury, death, property damage, loss of use, loss of income or any other damages whatsoever, including consequential and incidental damages, arising from the service agreement or otherwise. Restored Right Inc. specifically disclaims any warranty, express or implied of merchantability or of fitness for a particular purpose or otherwise. Restored Right Inc. will not be liable for any consequential, incidental, indirect, exemplary, punitive, special damages, including without limitation any lost profits or labor costs and will not be liable for non-economic damages, diminution of goodwill or loss to reputation arising from the performance of this agreement, from any breach of this agreement, or from any other cause whatsoever. The exclusive remedy of the buyer for any and all losses, injuries or damages whether in contract, warranty, tort, negligence, strict liability or otherwise shall not exceed the purchase price paid or at Restored Right Inc. election the labor and products necessary to help remediate environmental and structural contaminants. The limitations set forth in this Agreement regarding Restored Right Inc. liability shall be valid and enforceable notwithstanding a failure of essential purpose of the limited remedies specified above. No agents of Restored Right Inc. are authorized to make any warranties beyond those contained herein or to modify the warranties contained herein. Except as to those limitations of liability, no persons other than the contracting party shall be deemed to be third party beneficiaries of this agreement.
Entire Agreement: This Contract, including the Attachments hereto, comprises the complete agreement of the parties and no representations or agreements have been made by either party except as expressly stated in this Contract. All modifications to this Contract shall be in writing and signed by both parties hereto. If any provision of this Contract becomes or is determined to be illegal or unenforceable for any reason, the remainder of the Contract shall remain in full force and effect.
CALIFORNIA POST-LOSS ASSIGNMENT OF INSURANCE RIGHTS & DIRECTION TO PAY
1. Irrevocable Post-Loss Assignment of Policyholders’ Rights Against Insurance Company To Contractor: By execution of this irrevocable Post-Loss Assignment of Insurance Rights and Direction of Pay (“Assignment”), the policyholder(s) identified above (“Policyholders”) completely, irrevocably, and fully assign and transfer to the Contractor named above all of the Policyholders’ legal and equitable rights, title, and interest under all insurance policies arising from claims for the damage Contractor was hired to address (collectively referred to as the “Assigned Rights”). The Assigned Rights include without limitation the rights to collect insurance policy benefits and proceeds, and the right but not the obligation to participate in appraisal of the loss or the portion of the loss in which Contractor is involved. The Assigned Rights include without limitation the Policyholders’ rights as a first-party insured under the Policyholders’ policy of insurance, the right to sue the insurance company to enforce the Assigned Rights, and to prosecute any applicable causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing (insurance bad faith), fraud, and negligence. This Assignment shall be liberally construed to the fullest extent permitted by law and so that Contractor is deemed to stand in a first party position as to the policies. The Policyholders shall remain obligated with respect to all duties and liabilities under the terms of the insurance policies, including the duty to properly document all claims and cooperate with the insurer’s investigation. Contractor owes none of those duties. This Assignment may only be revoked by written notice to the Contractor after the contract is terminated in writing, but is permanently irrevocable as to work performed before the contract is terminated.
2. Exclusions: Nothing in this Assignment shall be construed as an assignment of other parts of the insurance claim that are unrelated to Contractor’s scope of work, such as additional living expenses, the value of lost personal property, or services performed after Contractor’s services are terminated. Nothing in this Assignment shall be construed as a delegation of duties.
3. No Conditions: The Policyholders agree and understand that this Assignment and each of its component parts are irrevocable. The Policyholders expressly acknowledge that it is the Policyholders’ intent to assign the Policyholders’ insurance policy rights and benefits under the claims to the Contractor as explained above. The Policyholders agree and understand that this irrevocable Assignment is unconditional and effective immediately upon execution of this document, and that no further action needs to be taken to make it valid, enforceable, or binding upon the Policyholders and the Policyholders’ insurance company.
4. Cooperation: The Policyholders shall cooperate fully with Contractor's efforts to enforce the Assigned rights, and to collect policy benefits. Policyholders agree to execute any and all documents presented by Contractor to the Policyholders, which are reasonably required for the prosecution of Contractor’s claims against the Policyholders’ insurance company and/or its agents with respect to the Assigned Rights.
5. Direction to Pay: The Policyholders hereby authorize and instruct all insurance carriers who may be liable to the Policyholders for this loss in whole or in part to pay directly to Contractor the amounts due or to become due in connection with the work Contractor has been authorized to perform, and to deliver said payments directly and exclusively to Contractor within fifteen (15) calendar days of the invoice. In the event an insurer fails to name Contractor on any check for the Work, the Policyholders shall immediately notify Contractor in writing, and return the check to the insurer with a written request to the insurer to issue a replacement check payable to Contractor.
6. Security and Consideration: This Assignment is given to Contractor as security and is made in consideration for Contractor’s agreement to perform services without immediate full payment from the Policyholders upon completion of services. The Policyholders acknowledge the sufficiency of this consideration.
7. No Release: The Policyholders remain primarily and ultimately responsible for payment for services rendered by Contractor. This Assignment does not relieve the Policyholders from the duty to compensate Contractor for any amount due to Contractor that is not paid by insurance, including the cost of the work, deductibles, betterments, depreciation and other amounts not paid by insurance, all of which are ultimately the Policyholders’ responsibility.
Restored Right hereby tenders the insured’s assignment of the Assigned Rights, which we received as security. Those rights were fully transferrable, pursuant to California Civil Code Section 954, which states that a thing in action, arising out of the violation of a right of property, or out of an obligation, may be transferred by the owner. An assignment is deemed perfected when the assignment is delivered to the transferee in writing, per Civil Code Section 955.1.
As assignee of the policy benefits, we step into the shoes of the insured and hold legal title to all rights for policy benefits paid pursuant to the Assigned Rights. Since this is a post-loss assignment, it is valid and enforceable. Therefore, all insurers with applicable coverage are bound by the Assignment, and we now stand in a first party position as to this portion of the claim.
Your company’s consent to the assignment was not required, pursuant to Trubowitch v. Riverbank Canning Co. (1947) 30 Cal.2d 335, 339, which stands for the proposition that an obligee’s rights, in particular, the right to receive payment, can always be transferred without the obligor’s consent.
It is important to emphasize that this is not an assignment of the entire policy; it is merely a post-loss assignment of rights and benefits arising from a specific loss. The anti- assignment provision in the policy only applies to pre-loss assignments of the policy. “In other words, after a covered loss occurs, the insured may assign his or her right to recover, even if the policy contains an anti-assignment provision.” Yazdi v. Aetna Life & Casualty (Bermuda) Ltd. (C.D. Cal., Jan. 2, 2019, No. CV 18-08345-CJC(SSX)) 2019 WL 6720989, at 4.
Under California law, anti-assignment provisions in insurance policies are void as post-loss assignments, pursuant to Insurance Code section 520, which states:
“An agreement not to transfer the claim of the insured against the insurer after a loss has happened, is void if made before the loss except as otherwise provided in Article 2 of Chapter 1 of Part 2 of Division 2 of this code.”1
In 2015, the California Supreme Court held that section 520 bars an insurer from refusing to honor an insured's assignment of policy coverage regarding injuries that predate the assignment. Fluor Corp. v. Superior Court (2015) 61 Cal.4th 1175, 1182 [“The principle ....precluding an insurer, after a loss has occurred, from refusing to honor an insured's assignment of the right to invoke policy coverage for such a loss—has been described as a venerable one, borne of experience and practice, facilitating the productive transformation of corporate entities, and thereby fostering economic activity.”]
In Dameron Hospital Association v. State Farm Mutual Automobile Insurance Company (E.D. Cal., Mar. 22, 2018, No. 2:15-CV-01823-MCE-AC) 2018 WL 1425981, at 3, the United States District Court for the Eastern District of California rejected State Farm’s argument that benefits were not yet assignable because services had not been rendered and there was no fixed sum to assign at the time the insured signed the assignment.
Please do not issue payment under the Assigned Rights directly to the Policyholder. Doing so will not result in a credit toward the balance owed to us. Directly paying the Policyholder for the assigned portion of the claim will not discharge your obligations under the policy and may require double-payment, pursuant to California
Commercial Code section 9406, which states, in subpart (a):
[A]n account debtor on an account, chattel paper, or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.
Accordingly, please immediately confirm in writing that you will cause all future payments relative to our scope of work to be made payable only to us and to delivered directly to us as follows:
Restored Right, Inc.
1030 Calle Cordillera Unit 108
San Clemente, CA 92673
Phone: (949) 772-5210
Email: contact@restoredright.com
INSURANCE INFORMATION RELEASE AND AUTHORIZATION
The Policyholders named above hereby irrevocably direct and authorize their property insurance companies to immediately email to Contractor at the addresses below a complete certified copy of the policy packet (including declarations, policy provisions, and endorsements), all information and documentation regarding the property damage claims, including status reports, letters, emails, estimates, competitive bids, and correspondence from consultants and independent adjusters engaged by the insurance company, to “cc:” Contractor on all such future correspondence, and to immediately provide all other information that Contractor or its representatives may reasonably request. In this regard, the Policyholders knowingly and voluntarily waive any right of privacy that may apply to the requested information. The parties intend that this Authorization shall be legally enforceable, and that Contractor shall be entitled to legal and equitable relief, including an injunction to compel disclosure of the information and documents.
MECHANIC’S LIEN WARNING AND CSLB INFORMATION SHEET
FOR HOME IMPROVEMENT CUSTOMERS
The State of California requires us to provide residential customers with this information in the interest of your protection.
MECHANICS LIEN WARNING
Anyone who helps improve your property, but who is not paid, may record what is called a mechanics' lien on your property. A mechanics' lien is a claim, like a mortgage or home equity loan, made against your property and recorded with the county recorder. Even if you pay your contractor in full, unpaid subcontractors, suppliers, and laborers who helped to improve your property may record mechanics' liens and sue you in court to foreclose the lien. If a court finds the lien is valid, you could be forced to pay twice or have a court officer sell your home to pay the lien. Liens can also affect your credit. To preserve their right to record a lien, each subcontractor and material supplier must provide you with a document called a '20-day Preliminary Notice.' This notice is not a lien. The purpose of the notice is to let you know that the person who sends you the notice has the right to record a lien on your property if he or she is not paid.
BE CAREFUL. The Preliminary Notice can be sent up to 20 days after the subcontractor starts work or the supplier provides material. This can be a big problem if you pay your contractor before you have received the Preliminary Notices. You will not get Preliminary Notices from your prime contractor or from laborers who work on your project. The law assumes that you already know they are improving your property.
PROTECT YOURSELF FROM LIENS. You can protect yourself from liens by getting a list from your contractor of all the subcontractors and material suppliers that work on your project. Find out from your contractor when these subcontractors started work and when these suppliers delivered goods or materials. Then wait 20 days, paying attention to the Preliminary Notices you receive.
PAY WITH JOINT CHECKS. One way to protect yourself is to pay with a joint check. When your contractor tells you it is time to pay for the work of a subcontractor or supplier who has provided you with a Preliminary Notice, write a joint check payable to both the contractor and the subcontractor or material supplier. For other ways to prevent liens, visit CSLB's Web site at www.cslb.ca.gov or call CSLB at 800-321-CSLB (2752).
REMEMBER, IF YOU DO NOTHING, YOU RISK HAVING A LIEN PLACED ON YOUR HOME. This can mean that you may have to pay twice, or face the forced sale of your home to pay what you owe.
Information About the Contractors’ State License Board (CSLB)
CSLB is the state consumer protection agency that licenses and regulates construction contractors. Contact CSLB for information about the licensed contractor you are considering, including information about disclosable complaints, disciplinary actions and civil judgments that are reported to CSLB. Use only licensed contractors. If you file a complaint against a licensed contractor within the legal deadline (usually four years), CSLB has authority to investigate the complaint. If you use an unlicensed contractor, CSLB may not be able to help you resolve your complaint. Your only remedy may be in civil court, and you may be liable for damages arising out of any injuries to the unlicensed contractor or the unlicensed contractor's employees. For more information: Visit CSLB's Web site at http://www.cslb.ca.gov/ or call CSLB at 800-321-CSLB (2752) or write CSLB at P.O. Box 26000, Sacramento, CA 95826.
I acknowledge receipt of a copy of this form on the date set forth above.
MOLD NOTICE & DISCLAIMER
This Notice is provided in the interest of your protection.
You have been provided with this Mold Notice & Disclaimer because potential mold has been identified on your property, or because you have questions about potential mold. The mere presence of mold spores indoors is normal and expected and does not necessarily indicate the environment is contaminated. Outdoors, molds play an important part of nature by breaking down dead organic matter such as fallen leaves. Molds reproduce by means of tiny spores; the spores are invisible to the naked eye and float through outdoor and indoor air. The U.S. EPA has stated: “It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust.” In fact, we probably inhale mold spores with every breath we take because mold is a naturally-occurring substance that exists everywhere in the natural environment.
For your protection, please do not enter or disturb the affected area until the need for remediation has been evaluated.
Please do not tamper with any protective barriers or equipment that has been placed in the property.
Please notify us immediately if the electricity has been interrupted or if the equipment stops working for any reason.
There are many types of mold, and none of them will grow without water or moisture, so it is important that you control the humidity in your property, and immediately find and repair all sources of water intrusion. It is your duty and responsibility to make sure your property does not fall into a state of disrepair and that it remains properly-ventilated to inhibit mold growth. Molds are usually not a problem indoors, and will not grow unless mold spores land on a wet or damp spot and begin growing. However, in sufficient concentrations, molds have the potential to cause health problems. Molds produce allergens, irritants, and in some cases, potentially toxic substances (mycotoxins). Inhaling or touching mold or mold spores may cause allergic reactions in sensitive individuals. Molds can also cause asthma attacks in people with asthma who are allergic to mold. In addition, mold exposure may cause irritation in both mold-allergic and non-allergic people. Symptoms other than the allergic and irritant types are not commonly reported as a result of inhaling mold. Research on mold and health effects is ongoing. This Notice is only intended as a brief overview and is not intended to be medical advice; it does not describe all potential health effects related to mold exposure. Your Contractor is not qualified to comment about health conditions of any occupants of your property, and you agree to direct health questions to a qualified medical professional. You may also wish to consult your state or local health department. For more information about mold and indoor air quality, visit www.epa.gov/mold.
Your Contractor is responsible for performing services in a good and workmanlike manner, and will use reasonable efforts to leave the property in a clean condition. However, your Contractor is not an environmental consultant and will not test your property for mold, viruses, or microbial contamination, and will not identify mold or bacteria or advise you on the habitability of your property. Questions about mold testing or environmental conditions should be directed to a qualified environmental consultant. If mold remediation is part of your Contractor’s scope of work, your Contractor is not responsible for damage to walls or paint caused by tape used in erecting containment.
Unless specifically stated in the Contract Documents, your Contractor is not responsible for finding or repairing leaks on your property or for detecting mold or determining the cause of mold growth. If this is a mold remediation project, you understand and acknowledge that the goal is not to create a “mold-free” environment but rather to bring the concentrations of mold to normal levels. It is important that proper medical diagnosis not be confused with undue emphasis on indoor air quality issues.
This document is provided because potential mold has been identified in your property. The mere presence of mold spores indoors is normal and expected and does not necessarily indicate the environment is contaminated. Outdoors, molds play an important part of nature by breaking down dead organic matter such as fallen leaves. Molds reproduce by means of tiny spores; the spores are invisible to the naked eye and float through outdoor and indoor air. The U.S. EPA has stated: “It is impossible to get rid of all mold and mold spores indoors; some mold spores will be found floating through the air and in house dust.” In fact, we probably inhale mold spores with every breath we take because mold is a naturally-occurring substance that exists everywhere in the natural environment. There are many types of mold, and none of them will grow without water or moisture, so it is important that you control humidity in your property and immediately find and repair all sources of water intrusion. It is your duty and responsibility to make sure your property remains properly ventilated to inhibit mold growth.
For your protection, please do not enter or disturb the affected area until the need for remediation has been evaluated.
Please do not tamper with any protective barriers or equipment that has been placed in the property.
Please notify us immediately if the electricity has been interrupted or if the equipment stops working for any reason.
Molds are usually not a problem indoors, and will not grow unless mold spores land on a wet or damp spot and begin growing. In sufficient concentrations, molds have the potential to cause health problems. Molds produce allergens, irritants, and in some cases, potentially toxic substances (mycotoxins). Inhaling or touching mold or mold spores may cause allergic reactions in sensitive individuals. Molds can also cause asthma attacks in people with asthma who are allergic to mold. In addition, mold exposure may cause irritation in both mold-allergic and non-allergic people. Symptoms other than the allergic and irritant types are not commonly reported as a result of inhaling mold. Research on mold and health effects is ongoing. This document is only intended as a brief overview; it does not describe all potential health effects related to mold exposure. Your Contractor is not qualified to comment about health conditions of any occupants of your property, and you agree to direct health questions to a qualified medical professional. You may also wish to consult your state or local health department. For more information about mold and indoor air quality, visit www.cal-iaq.org and www.epa.gov/iaq. It is important that proper medical diagnosis not be confused with undue emphasis on indoor air quality issues.
Your Contractor is responsible for performing services in a good and workmanlike manner, and will use reasonable efforts to leave the property in a clean condition. However, your Contractor is not an environmental consultant and will not test your property for mold, viruses, bacteria or other microbial matter or advise you on the habitability of your property. Questions about mold testing or environmental conditions should be directed to a qualified environmental consultant. If mold remediation is part of your Contractor’s scope of work, your Contractor is not responsible for damage to walls or paint caused by tape used in erecting containment.
UNLESS SPECIFICALLY STATED IN THE CONTRACT DOCUMENTS, CONTRACTOR IS NOT RESPONSIBLE FOR FINDING OR REPAIRING LEAKS ON THE PROPERTY OR FOR DETECTING MOLD OR DETERMINING THE CAUSE OF MOLD GROWTH. THIS IS NOT A MOLD REMEDIATION, VIRUS REMOVAL, OR MICROBIAL CLEANUP PROJECT. I HEREBY WAIVE AND DISCHARGE ANY AND ALL CLAIMS AGAINST CONTRACTOR AND ITS OFFICERS, EMPLOYEES, PRINCIPALS AND SUBCONTRACTORS AND THEIR RESPECTIVE INSURER ARISING FROM OR RELATED TO MOLD, VIRUSES, OR BACTERIA. I AGREE TO DEFEND AND HOLD THEM HARMLESS FOR ANY SUCH DAMAGE OR HARM UNLESS IT WAS DIRECTLY CAUSED BY THE GROSS NEGLIGENCE OF CONTRACTOR.
I HAVE READ THIS RELEASE. I UNDERSTAND IT AND AGREE TO ITS TERMS. I ACKNOWLEDGE RECEIPT OF A COPY OF THIS RELEASE ON THE DATE SET FORTH ABOVE.