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SAM by MOSBY HOME CARE PLAN AGREEMENT

Please read this Agreement carefully. Your Signature is required at the end of the document.

THIS HOME CARE PLAN AGREEMENT ("Agreement") entered into on this date Unknown Date by and between MOSBY BUILDING ARTS, LTD ("MBA" or "Contractor") and {{customer_wp_user_firstname}} {{customer_wp_user_lastname}} ("Owner") is for the Plan described below:

A. ADDRESS
PRIMARY PHONE {{billing_phone}}
EMAIL {{billing_email}}

B. THE PLAN
No plan found for the current user.

C. THE TERM
This Service Agreement shall be in effect for 12 months, starting on the agreement date above. This contract will be auto-renewed annually unless the Owner provides written notice to MBA thirty (30) days prior to the completion of this Agreement. A reminder regarding auto-renewal will be sent by email each year and may include revised prices and/or revised terms and conditions.

D. THE WORK
MBA agrees to provide the necessary labor and materials including management and tools required to perform and complete for the Owner at the above listed job site address, the work described in this Agreement and in other included Agreement Documents identified herein.

E. AGREEMENT AMOUNT
The Owner shall pay MBA the amount of [subscription_amount] for MBA's performance of the Agreement, subject to additions and deductions as provided for in the Agreement Documents. Owner shall pay the Agreement Sum as set forth herein.

Note, there is no refund or credit for unused services.

F. CHANGE ORDERS
Any materials purchased by MBA, any extra Handyman Hours worked, and/or any other incidental charges beyond the purchased Plan requested by Owner/Resident will be added to the project with a Change Order using the fee structure as outlined in the Plan Description. All Change Orders will be charged to the credit card on file upon completion of the purchase and/or work.

This Agreement is subject to automatic renewal as stated above and termination provisions stated in the Terms and Conditions. By Signing this Agreement, the Owner(s) acknowledge that any verbal representations and/or verbal agreements not included in the Scope of Work are expressly excluded from this Agreement.

1. WORKMANSHIP AND QUALITY. Mosby Building Arts, Ltd. (MBA) agrees to provide the labor and materials described in this Agreement. MBA will meet or exceed the NAHB Residential Construction Performance Guidelines, Fourth Edition, published nationally by the NAHB. MBA will use local industry standards and practices unless otherwise directed in writing and signed by Owner and MBA prior to work commencing. While MBA will make every effort to blend existing texture, color, and planes, EXACT DUPLICATION IS NOT LIKELY AND IS NOT GUARANTEED due to inherent limitations of materials and circumstances. Any drawings and documents produced by MBA are the copyrighted property of MBA.

2. WARRANTY. MBA will warrant workmanship for one year from the date of substantial completion of the work pursuant to this agreement, in lieu of all other warranties, expressed or implied, but only upon payment in full of the Agreement price. There are no warranties from MBA on fixtures, equipment, machinery, millwork or material; Owners shall only have such warranties on equipment or material as may be provided by the manufacturer. THERE ARE NO OTHER EXPRESSED OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, HABITABILITY, OR FITNESS FOR PARTICULAR PURPOSE. MBA’s methods to correct warranty items is to repair or replace or refund related costs, at its discretion. OWNER MUST NOTIFY MBA OF DEFECT IN WRITING DURING WARRANTY PERIOD AND WITHIN 45 DAYS OF DISCOVERY.
Exclusions from Warranty
a. Defective design or specification prepared by or work performed by persons other than MBA.
b. Materials supplied by Owner or installed under Owner's direction.
c. Normal wear, rot, or deterioration; damage caused by termites or other pests.
d. Alterations or additions to MBA's work by parties other than MBA.
e. Loss or damage due to Owner's failure to protect, keep and/or maintain the Work in good repair and condition.
f. Consequential or incidental damage.
g. Peeling, cracking, pitting and textural variations of concrete work, drywall, plaster and grout.
h. Damage due to ground settling, frost heave, road salts, unusual loads, corrosive elements, or other conditions which are caused by factors beyond MBA's control.
i. Expendable items such as, but not limited to, filters, batteries, gaskets, and other items that are typically replaced during usage.
j. Dimensional changes, appearance of joinery lines, and the darkening of wood products caused by changes in moisture, time, or other natural environmental factors.

3. PROPERTY TITLE AND ACCESS. The Owner who has signed this Agreement is the owner and/or authorized agent for all owner(s) of the subject property and all such owners are the purchasers of the described labor and materials and agree to all terms of this Agreement. Owner shall grant free access to work areas for MBA’s workers, vehicles and agents and will allow sufficient areas for performance of work. Owner agrees to keep walks and driveways providing access to the work site clear and available to workers and the parking of vehicles near work site during normal business hours. Elevators to work sites must remain operating, free and available for use by MBA’s personnel. Reserved or locked out elevators may result in additional charges.

4. MEDIA USE. Owner grants MBA permission to take and have exclusive ownership of photographs, pictures and videos before, during and after project and to use them at its discretion. MBA may place advertisement signs on the property when allowed by applicable ordinances. Owner grants MBA and its affiliates permission to use royalty-free any and all photos, images and likenesses of work in promotional material and agrees to hold MBA harmless for any claims or damages resulting from such use.

5. MEDIATION AND ARBITRATION. All disputes, claims, and/or controversies of every kind and nature between the parties to this Agreement arising out of or in connection with this Agreement as to the existence, construction, validity, interpretation, meaning, performance, enforcement, operation, breach, continuance, termination or measure of damages thereof shall be submitted to mediation and/or arbitration by a single non-attorney arbitrator experienced in residential construction before the American Arbitration Association in accordance with its procedures, the resulting mediated Agreement or arbitrated award from which shall be final and binding and enforceable by court judgment. The demand for arbitration must be filed within six months after the dispute has arisen. In addition to agreeing to binding arbitration, the parties waive any and all rights to jury trial regarding resolution of any dispute between them. ILLINOIS RESIDENTS MAY ACCEPT OR REJECT THIS SECTION BY CHECKING BOX WHEN SIGNING UP FOR THE PLAN. No action arising from or related to this Agreement, or the performance of this Agreement shall be commenced by either party against the other more than two (2) years after completion or cessation of work under this Agreement. If either party becomes involved in any litigation or arbitration proceedings arising out of this Agreement or the performance thereof, the court or arbitrator shall award reasonable cost and expenses, including attorney’s fees, to the prevailing party.

6. UNUSUAL EVENTS. MBA is not liable for unusual events or costs incurred such as, but not limited to, any loss, damage, or delay caused by strikes, lockouts, fire, explosion, theft, flood, riot, earthquake, civil commotion, war, malicious mischief, acts of God, soil slippage, existing building movement or shift for any reason, rain or water damage to Owner's property including interior ceilings or walls, actions of Owner and Owner's employees and family and pets, subdivision trustees, neighbors, city officials, and all acts, events or occurrences beyond MBA's reasonable control, and in any event, MBA shall not be liable for any consequential damages. Loss or damage to any artwork is not covered under any circumstances.

7. CONCEALED OR UNKNOWN CONDITIONS. This Agreement does not include the cost of repairing or removing any concealed conditions. MBA shall not be required to identify, evaluate, abate, or remove any hidden hazards or hazardous materials, including, but not limited to radon, asbestos, lead, fungus, mold, rot or dry rot, electromagnetic radiation, fiberglass, termites, or other pests. MBA is not liable for and shall be held harmless by Owner from liability arising out of any such concealed conditions. Owner hereby indemnifies and holds harmless MBA and its employees, agents, and representatives from and against any and all claims, demands, suits, and damages that arise out of or result from the negligent acts or omissions of the Owner, its employees, agents, independent contractors, and/or material suppliers.

8. HAZARDOUS MATERIAL REMOVAL. Owner hereby authorizes MBA to serve only as an agent of Owner regarding any Hazardous Materials located on the site in this Agreement. All informed actions regarding Hazardous Materials must be specifically authorized and granted by Owner. MBA has no authority to knowingly act on Hazardous Material issues without first obtaining the written consent of Owner. MBA will not be required to identify, evaluate, notify, abate, or remove any unknown hazards or Hazardous Materials encountered during the course of the job and is not responsible for their conditions or effect unless specifically included in Agreement Documents

9. LEAD-SAFE WORK PRACTICES. The Project to be completed pursuant to this Agreement will be performed in compliance with all applicable Environmental Protection Agency (EPA) requirements regarding lead-safe work practices. Such practices DO NOT involve lead abatement or elimination. MBA does not agree to abate or eliminate lead from the residence or property, and it is likely that if lead is present before the start of Work it will remain in paint and other surface coatings and otherwise after the Work is completed. Lead-safe Work practices and other safety requirements will make the Work area and related areas identified in the Scope of Work unavailable to Owner during the Project. If applicable, MBA will provide the Owner with a written description of applicable lead-safe work practices to be used during the Project. Unless otherwise expressly indicated in the Scope of Work, this Project DOES NOT include any special cleaning or testing for the presence of lead or lead dust after completion of the Work, other than if applicable under EPA rules visual inspection of cleaning and successful comparison to EPA approved MOSBY BUILDING ARTS, LTD. TERMS AND CONDITIONS cleaning verification cards. Optional dust clearance testing WILL NOT be performed unless otherwise expressly indicated in the Scope of Work. As indicated by separate signed receipt, Owner has received and reviewed the EPA pamphlet titled Renovate Right: Important Lead Hazard Information for Families, Child Care Providers and Schools.

10. QUICK RESPONSE CONDITIONS. MBA may elect to commence extra work without a Change Order when conditions create a need for a quick response for extra work and the Owner is not conveniently available to approve extra work, or when Owner requests a change be made immediately and prior to preparation of a Change Order. MBA will charge and will be paid for this extra work per MBA's Change Order billing process.

11. FINANCIAL ARRANGEMENTS AND PAYMENT. The Owner will furnish a credit card to be used for all payments of this Agreement. This credit card will be kept securely on file by the credit card processor, not MBA. The payments will be automatically charged per the Payment Schedule. Owner is responsible for updating credit card information.

12. MBA INSURANCE. MBA will carry worker's compensation and liability insurance to protect the Work and MBA's employees during the progress of the Work. MBA will supply to Owner evidence of coverage at Owner's written request. MBA is not liable for injury to Owner, Owner's agents and employees, Owner's invitees, and/or persons under Owner's direction in the work area at Owner's invitation during the progress of Work.

13. TERMINATION OF AGREEMENT. Owner may terminate the Agreement with thirty (30) days written notice delivered via MBA’s online platform. If Owner terminates the Agreement to be effective other than the original end of term date under this Section, Owner must immediately pay for the remaining balance due. MBA may terminate this Agreement or suspend its work in the event Owner fails to make any payment in accordance with this Agreement.

14. AMENDMENTS. Upon notice to Owner, MBA may amend these Terms and Conditions at any time to comply with applicable law, as well as in conjunction with the commencement of a renewal term.

NOTICE TO OWNER
FAILURE OF THIS CONTRACTOR TO PAY THOSE PERSONS SUPPLYING MATERIALS OR SERVICES TO COMPLETE THIS CONTRACT CAN RESULT IN THE FILING OF A MECHANIC’S LIEN ON THE PROPERTY WHICH IS THE SUBJECT OF THIS CONTRACT PURSUANT TO CHAPTER 429 RSMo. TO AVOID THIS RESULT YOU MAY ASK FOR “LIEN WAIVERS” FROM ALL PERSONS SUPPLYING MATERIALS OR SERVICES FOR THE WORK DESCRIBED IN THE CONTRACT. FAILURE TO SECURE LIEN WAIVERS MAY RESULT IN YOU PAYING FOR LABOR AND MATERIAL TWICE.

Notwithstanding the foregoing notice, for single-family (and multi-family of four units or less) owner-occupied residential remodeling projects, Contractor’s suppliers and subcontractors do not have such lien rights unless Owner signs a “Consent to Lien” form pursuant to Section 429.013 RSMo. Owners are NOT required to sign such a Consent form, and Owners should NOT sign such a Consent form without first seeking advice from their attorney.

ILLINOIS NOTICE: The law requires that the contractor shall submit a sworn statement of persons furnishing materials and labor before any payments are required to be made to the contractor.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES. SECTIONS 436.350 – 436.365 OF THE REVISED STATUTES OF MISSOURI ARE NOT APPLICABLE.

THIS AGREEMENT INCLUDES A WAIVER OF YOUR RIGHT TO A JURY TRIAL TO RESOLVE ANY DISPUTE WITH CONTRACTOR. ILLINOIS RESIDENTS MAY EITHER ACCEPT OR REJECT THESE PROVISIONS BY CHECKING "ACCEPT" OR "REJECT" WHEN SIGNING UP FOR THE PLAN.

ILLINOIS NOTICES
The law requires:

1. A provision stating the grounds for termination of the agreement by either party. However, the homeowner must pay the contractor for work completed. If the contractor fails to commence or complete the work within the contracted time period, the homeowner may cancel the agreement, upon written demand by certified mail and may be entitled to a refund of any of the down payment or other payments made towards the work.

2. A provision stating the grounds for termination of the agreement if you are notified by your insurer that all or any part of the claim or agreement is not a covered loss under the insurance policy. You may cancel the agreement by mailing or delivering written notice to the contractor at any time period prior to the earliest of midnight on the 5th business day after you received such notice from your insurer or the 30th business day after receipt of a properly executed proof of loss by the insurer from the insured. If you cancel, any payments made by you under the agreement will be returned within 10 business days following receipt by the contractor of your cancellation notice. If, however, the contractor has provided any goods or services to a catastrophe, acknowledged and agreed to by the insured homeowner in writing to be necessary to prevent damage to the premises, the contractor is entitled to the reasonable value of such goods and services.

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Signed by SAM by Mosby
Signed On: November 29, 2025

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January 8, 2025 10:30 am CST

SAM by MOSBY HOME CARE PLAN AGREEMENT Uploaded by SAM by Mosby - [email protected] IP 172.58.250.12