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 contact 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 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, the Customer will incur a penalty  charge of $200 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. Before work begins. 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: 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 services completed or  materials ordered if the timing of installation is not yet complete upon being invoiced. E.g.,  Custom shower doors, 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 day until final payment is received. The Customer has 6 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 a collection fee of 30% of the total amount due. 

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. It is understood by both parties 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 or amounts not paid for services. The lifetime warranty of products and labor only applies to the bath or shower system and includes one  claim per year with a $295 claim fee; additional claims in a calendar year will require a $795  warranty claim fee. All other installed components, hardware, materials, etc. are only protected  by a separate manufacturer's warranty for each such item and some components may not have  any 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 or appliances, flooring in high-traffic areas, toilets, sink faucets, 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 there are risks with bathing and showering and  agrees to waive any and all liability of any injury or loss from potential hazards in a bathroom or  any other area where work was performed by the Contractor. Such hazards include slipping,  falling, drowning, electrical shock, water hazards, eye injury, abrasions, or any injury related to  a glass door.

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 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. 

Venue: Both Customer and Contractor agree that the venue for any legal proceedings related to  this Agreement or work performed here under shall be held exclusively in Utah, and Utah law  shall govern all disputes relafng to this Agreement. Disputes may be resolved through alternate  dispute resolufon processes. Disputes arising out of this agreement shall be first submihed to  arbitrafon. Customer agrees that the terms of this agreement shall be binding upon their heirs,  assigns, legal representafves, and upon any person claiming by, under, or through them, their  agents, or ahorneys. 

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 Lisfng, or  other markefng materials as a means to highlight projects completed by the Contractor. This  includes a photo release of before and ajer pictures or videos taken from their project. If a  Customer chooses to not allow this photo release, they must noffy the Contractor in wrifng  before the commencement of the project. The Customer also agrees to not harm or disparage  the Contractor unfairly in any way, either wrihen or verbal during or ajer the project work.