Terms & Conditions: The following Terms & Conditions apply to the Approved Quote, Invoices,

and/or the General Contract for Services sent previously or with this document. It is mutually

agreed that the Contractor shall render the services listed in this Agreement and shall use tools

and equipment to render those services for the Customer. Changes to the agreement, scope of

work, or material selections must be made with a signed change order. The Contractor

maintains independent business insurance, including appropriate general liability insurance and

a Worker’s Compensation Policy. This agreement may be updated by the Contractor from time

to time and is available for reference here: https://elevatedkitchenandbathutah.com/about

Business License and Registration: The Contractor shall comply with all state and local business

license and insurance requirements. If applicable, the Contractor’s license and/or registration

number are listed in the header of this Agreement.

Confidentiality: Customer may provide certain confidential Information or Non-Public Personal

Information (“Confidential Information”) to the Contractor. The Contractor will not disclose any

Confidential Information to any third party except to those employees or agents of the

Contractor who are required to have such information for purposes under this Agreement. The

Contractor shall take reasonable measures to protect the secrecy of and avoid disclosure and

unauthorized use of the Confidential Information. The Customer also agrees to not harm or

disparage the Contractor unfairly in any way, either written or verbal.

Authority: Each party represents and warrants that, as of the Effective Date, it has all rights,

power, and authority to enter into this Agreement and to perform its obligations.

Assignment: Neither party may, by operation of law or otherwise, directly or indirectly assign

this Agreement to any other party without the prior express written consent of the other party.

Cancellation: The Customer may cancel this transaction before midnight of the third day of the

effective date in order to receive a full refund of any deposit paid. If the Customer decides to

cancel within this window, and payments have been made to the Contractor, those payments

will be returned in full within 14 days of notification of the cancellation. If the Customer

chooses to cancel after four days, a refund may be paid as a percentage of the total based on

when the project is canceled and what materials have been ordered. After 4 days, 75% of the

deposit may be refunded. After 10 days 50% of the deposit may be refunded, after 15 days,

25% of the deposit may be refunded. After 16 days, 0% of the deposit is refundable.

Hours of Operation: Customers may expect to contact or receive a response from the

Contractor during business hours of 8:00 AM to 6:00 PM for routine questions or

communication. Contact outside of normal business hours is rare and is to be used only in

cases of urgent need. Most communications will be addressed or responded to within 24 hours

of the initial request. The intention is to begin the project and continue work during working

hours as much as possible; therefore, Customer is expected to allow access to the project so

work can be completed within regular hours and will not withhold access to the project site or

block entry. If entry or access is prohibited for any reason, the Customer will incur a penalty

charge of $195 per hour up to 10 hours max per day, on to the total cost of the project.

Pre-existing or Hazardous Conditions: The Customer releases the Contractor from all liability in

any way related to pre-existing conditions that are exposed during the demolition phase of a

project. These pre-existing conditions include but are not limited to; hidden vents of any kind,

hidden electrical lines, hidden plumbing lines, poor existing construction techniques, code

violations, hazardous materials, leaks, or existing drains that prevent proper connections.

Remediation of any pre-existing conditions is beyond the scope of the Contractor’s work and

the sole responsibility of the Customer unless otherwise specified. The Customer agrees to hold

the Contractor harmless and free from all liability and legal action relating to any damage

resulting from the testing and operation of such plumbing fixtures before the project begins.

Any hidden mold or asbestos discovered will be promptly brought to the attention of the

Customer. The Contractor is not a mold remediation company and accepts no responsibility or

liability for mold remediation. During the work, should the Contractor encounter any hazardous

substances or any unsafe condition, the Contractor may pause the work until the condition has

been eliminated. After work begins, the work site becomes a construction zone with possible

safety hazards. Minors, non-owners, or any other unauthorized visitors are prohibited from

accessing the work site unless approved by the Contractor. Customer will ensure that the site

will be secured when work crews are not present. Customer assumes responsibility for all

visitors to the work site. Both Parties will not be held responsible for time and material delays,

strikes, acts of God, or any other matters beyond their control that delay the project.

Permitting: There are large numbers of municipalities in the state of Utah, each with unique

permitting requirements. Most projects do not require permits for the type of work done by

the Contractor. Any work permit cost or process will be Customer’s responsibility.

Payments: A 3.0% processing fee for all purchases made via credit or debit cards will be added

for each payment. Individual line items may be invoiced as costs are incurred that have not yet

been completed due to availability, timing, backorders, installation intervals, or overall project

requirements. The Customer agrees not to withhold payment for other services completed or

materials ordered if the timing of installation is not yet complete upon being invoiced. E.g.,

Custom shower doors or glass, countertops, custom cabinetry, etc. Payments are due upon

receipt of the invoice. For any payments past due more than 7 days, a 2% late fee penalty will

be added to the invoice per month until the final payment is received. The Customer has 6

calendar days to respond with any touch-up requests after the project has been completed. If

payment is not made when due for substantial work performed, and the amount due is

referred to a collection agency, the Customer will be charged fees as listed in the following

section titled “Remedies”.

Retainer: Customer shall pay the final amount due on the Payment Schedule when the Project

Completion milestone has been reached. Completion is to be determined by the Project

Manager and Customer. Only if needed, a retaining amount of up to 5% of the total balance

due may be withheld to ensure touch-ups or small items are completed. E.g., paint touch-ups,

caulking, glass, faucet installation, etc. The percentage to be retained will be calculated based

on the amount of touch-up work or changes required, the project's functionality, and the timing

of items needed for Project Completion.  Customer agrees not to withhold unreasonable

amounts due based on open items left for completion.

Remedies: In the event of payment default, the Contractor has the option to pursue the

remedies listed below, which are cumulative. 1. Customer agrees to pay all legal costs incurred

by Contractor to collect payment of sums due for the project. 2. Customer agrees to pay all

costs incurred, including reasonable attorney’s fees as damages, costs, and interest on any

unpaid balance at the rate of 2% per month (24% APR). 3. Contractor may assert a construction

lien for goods and services provided under Utah law. Should Customer decide to terminate

Contractor’s services at any time, Customer shall pay for all work performed to the date of

termination, including all materials delivered for the work whether incorporated into the

improvements or not, plus a sum equal to 30% of the remaining contract balance. Should the

Customer fail to accept any insurance company's adjusted settlement offer or have a claim

canceled and choose to cancel the project, the Customer shall pay for all work performed to

date.

Warranty: The Contractor warrants the work to be completed in a manner according to local

industry standard practices for services charged at an MSRP rate. Both parties understand that

each project presents different factors and scenarios that may vary the outcome of the finished

product. These factors include but are not limited to, existing space, home age, existing surface

levels, flaws in framing or subfloor, size restrictions, door widths, plumbing, etc. The Contractor

has the right to waive the warranty at any time due to outside factors, adjusted pricing from

MSRP, or amounts not paid for services. The Contractor warrants the workmanship of the

project for 12 months from the completion date. After 12 months, the lifetime warranty of

products and labor only applies to the bath or shower system and includes a $295 claim fee

after the first year. All other installed components, hardware, glass, materials, etc., are only

protected by a separate manufacturer's warranty for each such item, and some components

may not have any warranty.  Normal wear and tear, failures caused by hard water, and misuse

are exempt from warranty. The Contractor will not be held responsible for failed components,

injuries, or damages caused by a material failure outside the bath or shower system. Items not

available for warranty may include tile on floors or walls, grout on floors or walls, existing pipes

and valves, disposals, appliances, flooring in high-traffic areas, toilets, sink faucets, doors, glass

doors or panels, or hardware fixtures.

Cleaning Instructions: For bathrooms, especially, we strongly recommend using a squeegee to

wipe down any wall or floor surfaces that are in contact with water once finished. For more

cleaning instructions and a list of approved cleaners, please visit the website:

www.elevatedkandb.com. Water often can pool or remain after the use of a tub or shower.

Please also allow proper ventilation in the space and allow the area to dry. Failure to properly

maintain, clean, and dry the tub/shower area after use may result in a loss of warranty. Floors

vary in material, and generally, a steam mop or similar is the best tool for cleaning floors. For

cabinets and countertops, use only an approved cleaner for these surfaces.

Waiver of liability: The Customer understands and accepts liability and understands there are

inherent risks to the Customer or any person using bathrooms and kitchens. Customer herby

agrees to waive all liability, claim of injury, or loss from hazards that exist in a bathroom,

kitchen, or any other area where work was performed by the Contractor from the Contractor or

its representatives. Such hazards include burns, slipping, falling, drowning, electrical shock,

water hazards, fire or smoke damage, eye injury, abrasions, cuts, or any injury related to glass

doors or windows. The customer agrees to use a homeowners’ insurance to cover any and all

injuries or damages.

Waiver of Subrogation: All insurance maintained by Customer pursuant to this Agreement shall

contain an endorsement waiving the insurer’s right of subrogation against Contractor or

otherwise waive such rights, provided that such waiver of the right of subrogation shall not be

operative in any case where the effect thereof is to invalidate such insurance coverage.

Color or Materials Change Fees: For material changes to major areas of the project due to

color, pattern, or finish that have already been ordered, a $5,500 charge will be charged to the

Customer for the additional cost incurred for materials, labor, shipping, and processing fees.

Contractor reserves the right to update materials that may vary from the listed line items of this

agreement due to cost, availability, style, finish, and durability at any time.

Venue: Both Customer and Contractor agree that the venue for any legal proceedings related

to this Agreement or work performed hereunder shall be held exclusively in Utah, and Utah law

shall govern all disputes relating to this Agreement. Disputes may be resolved through

alternative dispute resolution processes. Disputes arising out of this agreement shall be first

submitted to arbitration. Customer agrees that the terms of this agreement shall be binding

upon their heirs, assigns, legal representatives, and upon any person claiming by, under, or

through them, their agents, or attorneys.

Photo and Video: Customer agrees that their name(s) and project details, including pictures

and video, may be used by the Contractor on a website, social media sites, Local Business

Listing, or other marketing materials to highlight projects completed by the Contractor. This

includes a photo release of before and after pictures or videos taken from their project. If the

Customer chooses not to allow this photo release, they must notify the Contractor in writing

before the commencement of the project. The Customer also agrees not to harm or disparage

the Contractor unfairly in any way, either written or verbal, during or after the project work.