BEST SPRINKLER CO. LLC
RESIDENTIAL SERVICE AGREEMENT
13328 S Cub Creek Circle, Draper, Utah 84020
385-349-0070 | ethan@bestsprinklerco.com | www.bestsprinklerco.com
===========================
A NOTE FROM OUR TEAM
Thank you for supporting our small local business. Through you and others
like you, our company supported 9 adults and 6 children through employment —
4 families in total. We hope to double that in 2026. From all of us on
the team, thank you.
===========================
AT A GLANCE — KEY TERMS
Service / Trip Fee: $99.99 per visit
(Waived on $1,000+ flat-rate projects where removal
does not bring the total below $1,000)
Standard Labor Rate: $125–$200 per man-hour
(Cleanups billed at $80–$150/hr)
Machine + Operator Rate: $225–$299.99 per hour
Material Markup: Up to 70%
Material Warranty: 3 years from installation date
Labor Warranty: 1 year from installation date
Late Cancellation Fee: $250 + prep costs
(If cancelled within 2 business days of start date)
Late Payment Fee: $250 flat fee on day one past grace period;
24% APR interest begins 30 days after the flat
fee if balance remains unpaid
Damage Claim Deadline: 14 calendar days after service
===========================
1. DEFINITIONS
Customer
Any person or entity who hires BEST Sprinkler Co. LLC for paid services.
Work Site
Any location where BEST Sprinkler Co. LLC performs paid services.
Substantial Completion
The point at which your irrigation system is fully operational and usable,
even if minor cosmetic tasks (e.g., final sod placement, debris removal)
remain.
Warranty Term
Begins on the date parts are installed and recorded in job notes.
Workmanlike Manner
The level of care and skill a reasonably experienced, professional irrigation
contractor in the same area would exercise under similar circumstances.
Termination for Convenience
Either party may cancel with 5 business days' written notice (for
hourly/open contracts). Flat-rate contracts require a 3-business-day
negotiation period, then 5 business days' notice. If a flat-rate contract
is cancelled before completion and no replacement contract is signed, all
work previously completed under that contract converts to hourly billing at
the rates stated in Section 6 at the time of cancellation. This conversion
applies regardless of how far along the project is. See Section 7 for the
Change Order requirement and Section 11 for the full cancellation policy.
===========================
2. HOME ACCESS
Customers may voluntarily allow BEST Sprinkler Co. LLC employees inside
their home. By doing so, the Customer accepts responsibility for any
disputes arising from that voluntary access.
When accessing the interior of the home is necessary to complete work that
cannot be done from outside (for example, installing interior components or
making wiring changes to a controller), BEST Sprinkler Co. LLC accepts
responsibility for any disputes arising from that access.
NOTE: We will always ask before entering your home. If inside access is
required but you prefer to be present, please let us know when scheduling.
===========================
3. WARRANTY
3.1 — What's Covered
Materials: All system components installed by BEST Sprinkler Co. LLC
(controller, valves, heads, pipe, fittings, backflow devices) are warranted
against defects for THREE (3) YEARS from the installation date.
Labor: Repair or replacement labor is warranted for ONE (1) YEAR from the
installation date.
3.2 — What's NOT Covered
The warranty does not apply to:
- Damage caused by freezing, fire, flooding, or any other natural event
- Improper use of the system by the Customer or any third party
- Any modification, repair, or tampering by anyone other than a BEST
Sprinkler Co. LLC technician. Any such unauthorized modification or
repair voids the warranty only for those components directly affected
by or physically connected to the unauthorized work. All other
components remain under warranty, except that any damage directly
resulting from debris introduced into the line by a broken, shattered,
or otherwise compromised line break — regardless of cause — is excluded
from warranty coverage to the extent such damage is attributable to
that debris.
- Customer-supplied parts or materials, and any BEST Sprinkler Co. LLC-
installed parts physically connected to them
- Backflow device testing fees required by water providers after the
initial installation inspection
- Clogging of system components due to debris in the water supply
3.3 — Warranty Activation
The warranty only becomes active after all outstanding invoices have been
paid in full and funds have cleared. No warranty claims will be processed
while any balance remains unpaid on an account.
If a Customer submits a warranty claim while a balance is outstanding for
reasons unrelated to the claimed defect, BEST Sprinkler Co. LLC will
evaluate the claim in good faith after the payment dispute is resolved.
This provision does not waive BEST Sprinkler Co. LLC's right to withhold
warranty services for non-payment.
NOTE: To keep your warranty intact, always use BEST Sprinkler Co. LLC for
any future repairs or modifications to your system.
===========================
4. CLEANUP & PROPERTY CONDITIONS
4.1 — Normal Job-Site Conditions
Irrigation work is inherently disruptive to the surrounding landscape. By
signing this Agreement, you acknowledge and accept that the following
temporary conditions are a normal part of our work and are not considered
damage:
- Soil or mud staining on walkways, pavers, or hardscapes
- Compressed or roughed-up turf and ground cover from foot traffic
or machinery
- Temporarily disturbed or trampled plants or flowers near the work zone
- Muddy boot prints on surfaces
- Uneven ground or depressions in freshly excavated areas
Our standard cleanup is "Broom Clean" status (sweeping and leaf blowing).
Pressure washing or detailed site restoration is a premium add-on service.
Call 385-349-0070 for a quote.
4.2 — Heavy Machinery
When trenchers, excavators, or similar equipment are required, additional
ground and surface disturbance is expected. This includes ruts in turf,
compressed soil, marks on paved surfaces and hardscapes, trampled plants,
and rutted lawn and flower beds.
Minor surface cracking, spalling, or marking on pavement or hardscapes
incidental to normal machine operation is not considered damage under this
Agreement. Structural damage directly caused by negligent operation of
machinery is not excluded by this provision and remains subject to Section
4.6.
Specialized sod-cutting services are available as a billable add-on.
Call 385-349-0070 for a quote.
4.3 — Underground Utilities
BEST Sprinkler Co. LLC will arrange for public utility marking ("Blue
Stakes") before any digging. However, Blue Stakes only covers publicly
registered utilities. The Customer assumes full liability for any damage
to private underground lines not covered by public marking, including:
- Private electrical lines and landscape lighting
- Invisible pet fencing or security wires
- Older or secondary "legacy" irrigation lines
- Pool plumbing and drainage pipes
- Any other unregistered buried item
NOTE: We strongly recommend providing a hand-drawn map of any known private
underground wires and pipes — with clear measurements and reference points —
before work begins. Email it to ethan@bestsprinklerco.com with the property
address in the subject line.
4.4 — Personal Property
Our technicians are not authorized to move or handle any Customer property
that was not specifically included in the project bid. Items and plants left
in the work zone are the Customer's responsibility.
BEST Sprinkler Co. LLC is not liable for cosmetic damage to, or loss of,
personal items or plants (e.g., garden decorations, furniture, toys, flowers,
tall grasses) left in the work area and moved out of necessity.
BEST Sprinkler Co. LLC is also not liable for pre-existing failures of
property that manifest during the normal course of work (e.g., a gate
breaking due to opening or closing, a hose bib leaking when turned, stucco
cracking or spalling in the normal course of work performed, malfunctioning
garage doors, crumbling brick or cinder block, irrigation components that
break from normal use and testing that are not under warranty or the focus
of the contracted work).
TIP: Before we arrive, we strongly recommend potting and moving any plants
within 5 feet of the planned work area and the path to it from the road to
prevent accidental damage or loss.
4.5 — Settling & Debris Removal
Ground Settling: It is normal for excavated ground to settle and develop
small depressions over time. The Customer is responsible for adding fill
material to any depressions that form after our departure. For tips, email
ethan@bestsprinklerco.com with "Post-Trenching Backfill Tips" in the
subject line.
Debris Disposal: On flat-rate jobs where no on-site waste bin is provided
and the contract does not address debris disposal, BEST Sprinkler Co. LLC
may, at its discretion, either (a) leave debris on the property in a
reasonable location, or (b) remove debris and bill the Customer for disposal
in accordance with the fees in Section 6.
4.6 — How to File a Damage Claim
BEST Sprinkler Co. LLC takes responsibility for unexpected, non-cosmetic
damage that occurs during the normal course of work (e.g., holes in fences,
cracked windows). To be eligible for a repair or credit, the Customer MUST:
1. Take date/time-stamped photos or video of the work site within 30 days
before the service start date.
2. Inspect the property immediately after each service visit.
3. Submit a written claim to ethan@bestsprinklerco.com within 14 calendar
days of the service date.
4. Include with the claim: original receipt, "Before" photos/videos, and
"After" photos/videos clearly showing the damage.
Failure to provide "Before" documentation or to submit within 14 days is a
significant factor in evaluating the validity of a claim, but will not
result in automatic denial in all cases. BEST Sprinkler Co. LLC retains
discretion to evaluate claims on their merits. Claims submitted more than
30 days after the service date will not be accepted under any circumstances.
===========================
5. EQUIPMENT & MATERIALS
5.1 — Parts Policy
BEST Sprinkler Co. LLC installs only new parts and materials. If a Customer
supplies their own parts or materials:
- All material and labor warranties on those Customer-supplied parts
are void.
- All warranties on any BEST Sprinkler Co. LLC-installed parts directly
connected to Customer-supplied parts are also void, as well as any
other failures or damage caused by the Customer-supplied part.
- If a Customer-supplied part is found to have caused a warranty claim,
all time spent identifying, diagnosing, and repairing the issue will
be billed at the per man-hour rate applicable to the technician
performing the work as stated in Section 6.1.
5.2 — Tools & Equipment on Site
BEST Sprinkler Co. LLC is responsible for securing its own tools and
equipment. The Customer is not liable for theft, damage, or loss of BEST
Sprinkler Co. LLC tools, materials, or rental equipment left on-site,
except where such loss was directly and proximately caused by the Customer's
own negligent or intentional acts (e.g., instructing someone to dispose of
equipment, or leaving the property unsecured in a manner explicitly agreed
upon with BEST Sprinkler Co. LLC in writing).
===========================
6. PRICING & LABOR RATES
6.1 — Rate Schedule
Rate Type Amount
-------------------------------------------------------------------
Service / Trip Fee $99.99
Waived when additional work on the same visit
exceeds a flat-rate agreement, or on projects
where removing the fee does not bring the total
below $1,000.
Standard Labor — Ethan $200/hr
Includes planning, sourcing, travel (if >10 mi
from 12600 S Redwood Rd), setup, walkthroughs,
and bid/job management.
Standard Labor — Jack $150/hr
Per man-hour, same inclusions as above.
Standard Labor — Austin $125/hr
Per man-hour, same inclusions as above.
Machine + Operator Labor $225–$299.99/hr
Billed by hour-meter difference. Handheld and
small machines (blowers, trimmers, electric
pumps) are not billed separately. Wire tracer
billed at $35/hr of the service it is used on,
at BEST Sprinkler Co. LLC's discretion.
Machine Rental Fee 75% of Home Depot rate
Applies to BEST Sprinkler Co. LLC-owned machines
only (trenchers, sod cutters, tampers), based on
Riverton, UT Home Depot rates. Third-party rental
costs are passed through at contract/receipt price.
Material Markup Up to 70%
Applied to cost of all materials, parts, and
disposables installed.
Rates are subject to change upon technician assignment, the addition of new
personnel, or routine business adjustments. The rates applicable to any
specific project will be confirmed in writing on each estimate. Current
rates for all technicians are available upon request.
6.2 — Flat-Rate Pricing
When a flat-rate price is offered, the exact price and scope of work will
be clearly stated in the estimate. Flat-rate pricing assumes standard
digging conditions (approximately 0.8 sq. ft. per minute by trencher or
hand).
If unexpected conditions such as rocks, tree roots, clay, or mud are
encountered, BEST Sprinkler Co. LLC will notify you of any potential cost
increase before continuing. Additional work beyond the original scope will
be billed at the hourly rates in this Agreement.
NOTE: Once a flat-rate or hourly price is agreed upon and signed, or
signed by the Customer through House Call Pro or any other authorized
digital signing platform, it is binding. Any change to pricing requires
a new signed agreement or a signed Change Order (see Section 7).
6.3 — Digging Rate Assumption & Notification
Flat-rate bids assume standard soil conditions allowing digging at
approximately 0.8 square feet per minute by trencher or hand. If actual
conditions differ materially (rocks, roots, caliche, clay, etc.), BEST
Sprinkler Co. LLC will pause work, notify the Customer, and provide a
revised estimate before proceeding.
Customer must provide written approval (email or text message) before
work resumes under revised pricing. Verbal approval alone is not
sufficient. Work will not resume until written confirmation is received.
If the Customer is unreachable and project delays are incurring standby
costs, delay fees under Section 10 may apply.
===========================
7. CHANGES TO JOB SCOPE
Any changes to the scope of work — whether on flat-rate or hourly jobs —
must be documented in writing before work proceeds. Verbal approvals are
not binding on either party.
All scope changes require a signed Change Order using the BEST Sprinkler
Co. LLC Change Order form. Change Orders are available from your technician
on-site, by email, or at bestsprinklerco.com. Work will not begin on any
changed or added scope until the Change Order is signed by both parties.
NOTE: To avoid unexpected charges, always request and sign a written Change
Order before approving any additional or modified work. This protects both
you and BEST Sprinkler Co. LLC.
===========================
8. BILLING & DOCUMENTATION
8.1 — Hourly Invoices
Hourly invoices are broken into five category totals: Materials and
Disposables, Labor, Rentals/Machine Labor, Fees, and Miscellaneous.
8.2 — Flat-Rate Invoices
Flat-rate invoices reflect only the agreed-upon price. No time or cost
breakdown will be provided.
8.3 — Custom Breakdown Requests
Requests for itemized breakdowns beyond the standard invoice categories
in Section 8.1 that require more than 30 minutes to prepare will be billed
at the per man-hour rate applicable to the technician performing the work
as stated in Section 6.1, and may be declined or deferred at BEST
Sprinkler Co. LLC's discretion. Simple clarification questions regarding
line items will not be charged. No refunds or discounts will be given for
billable breakdown time, even if the request is later cancelled.
8.4 — Material Markups
A markup of up to 70% will be applied to all materials and disposables
installed and used by BEST Sprinkler Co. LLC.
===========================
9. DEPOSITS
Deposits are due upon our arrival to the job site.
Accepted payment methods for on-arrival deposits:
- Cash or Cashier's Check — accepted at time of arrival
- Zelle, card, or wire transfer — must be submitted at least 3 business
days in advance, and funds must be deposited and accessible in BEST
Sprinkler Co. LLC's bank account before work begins
If payment is not ready by the required time, the delay provisions in
Section 10 apply.
===========================
10. PAYMENT DELAYS
Deposit deadlines are firm. If funds are not accessible by the required
date, a $250 delay fee may be charged for each calendar day work is stalled
while waiting for payment. This fee accrues at the beginning (12:01 AM) of
each waiting day. This per-day fee reflects estimated crew standby costs,
rescheduling losses, and equipment holding costs. Delay fees shall not
exceed $2,500, except on projects with a total value exceeding $10,000,
in which case delay fees shall not exceed 25% of the total project value.
Payment delays may also result in your project being rescheduled to the
next available opening in our calendar.
===========================
11. CANCELLATION
If you cancel a scheduled job within 2 business days of the project's start
date, you will be charged:
- A flat $250 cancellation fee
- All billable prep time already worked (at the per man-hour rate
applicable to the technician who performed the work as stated in
Section 6.1)
- The cost of any non-returnable parts, materials, rentals, or fees
already procured for your project
This amount is due immediately upon cancellation.
If a flat-rate contract is cancelled before completion and no replacement
contract is signed, all previously completed work converts to hourly billing
at the rates in Section 6. See Section 1 (Termination for Convenience) and
Section 7 (Changes to Job Scope) for related provisions.
===========================
12. PAYMENT TERMS
12.1 — Accepted Payment Methods
Method Fee Cap Notes
-------------------------------------------------------------------
Cash None No limit
Cashier's Check None No limit
Wire Transfer None No limit
Zelle None No limit
ACH 1.5% $1,000/project Combined with card/Venmo
Credit Card 3.5% $1,000/project Combined with ACH/Venmo
Venmo 1.8% + $0.10 $1,000/project Combined with ACH/card
12.2 — Physical Payment Submission
To arrange cash or check pickup, call or text 385-349-0070.
Mailing address: 13328 S Cub Creek Circle, Draper, Utah 84020.
12.3 — Late Fees
Invoices have a 3-business-day grace period. After that:
- A flat $250 late fee is added on the first day past the grace period.
This fee reflects administrative costs associated with late payment
processing and account management.
- If the balance remains unpaid for 30 additional days following the
flat fee, 24% APR interest, compounded monthly (or the maximum rate
allowed by Utah law, whichever is lower), begins accruing on the
original invoice amount plus the flat fee.
Interest is compounded monthly. The effective annual rate at 24% APR
compounded monthly is approximately 26.8%. Both figures are disclosed here
for full transparency. The staged structure above gives Customers a clear
30-day window to resolve the flat fee before interest begins accruing.
12.4 — Work Stoppage for Non-Payment
BEST Sprinkler Co. LLC reserves the right to halt work at any time if any
payment or deposit has not been received, cleared, and made accessible by
its due date. Delay fees under Section 10 also apply.
12.5 — Retainer & Mid-Project Payment Requests
At any time during a project, BEST Sprinkler Co. LLC may request a payment
or retainer up to the full estimated, bid, or invoiced amount. This request
does not require substantial completion unless the specific payment terms in
the estimate/bid state otherwise.
If any payment is returned by a bank or payment processor for any reason,
a $100 returned-payment fee will be charged, plus any applicable late fees.
12.6 — Disputing a Charge
To dispute a charge, submit written notice within 15 calendar days of the
invoice due date by one of the following methods:
- Certified mail to: 13328 S Cub Creek Circle, Draper, Utah 84020
- Email to ethan@bestsprinklerco.com with a read receipt requested and
retained by the Customer as proof of delivery
Your dispute notice must include:
- The date of the invoice
- The invoice number
- The specific dollar amount you are disputing
- Your reason for the dispute
- Any supporting documentation
BEST Sprinkler Co. LLC will make a good-faith effort to resolve the dispute
within 30 days of receiving your notice. If the dispute is not resolved
within that period, either party may initiate the dispute resolution process
in Section 13.
12.7 — Collections
If you fail to pay on time or dispute charges outside of this Agreement's
process, BEST Sprinkler Co. LLC may refer your account to a third-party
collection agency. A collection fee at the maximum rate permitted by Utah
law will be added to the outstanding balance.
===========================
13. LEGAL PROVISIONS
13.1 — Mutual Indemnification
Both parties agree to protect each other from legal claims and financial
losses caused by their own actions or negligence:
- If a third party sues BEST Sprinkler Co. LLC because of something the
Customer did, the Customer will cover BEST Sprinkler Co. LLC's legal
costs and damages.
- If a third party sues the Customer because of something BEST Sprinkler
Co. LLC did, BEST Sprinkler Co. LLC will cover the Customer's legal
costs and damages.
The party seeking protection must: (a) promptly notify the other of the
claim; (b) allow the responsible party to lead the defense; and (c) provide
reasonable cooperation. Each party has the right to hire its own attorney
at its own expense.
13.2 — Dispute Resolution
If a dispute arises, both parties agree to first attempt to resolve it
through a good-faith meeting within 30 days of written notice. If that
fails:
- For disputes under $5,000: Either party may elect to resolve the
dispute in Utah small claims court as an alternative to arbitration.
- For disputes $5,000 and above: The dispute will be submitted to
binding arbitration administered by JAMS under its applicable rules.
The one-year limitations period in Section 13.5 is tolled during any
mandatory good-faith resolution period under this section.
Additional arbitration terms:
- Arbitration is governed by the Federal Arbitration Act (9 U.S.C.
§§1–16)
- The arbitrator must issue a written decision with reasons
- The decision is final and binding with no right of appeal
- Class-action arbitrations are not permitted
- Both parties waive their right to a jury trial if a court proceeding
is allowed instead of arbitration
Exceptions: Either party may seek injunctive relief in court for claims
involving infringement of intellectual or physical property rights.
13.3 — Governing Law
This Agreement is governed by the laws of the State of Utah. Any legal
proceedings not subject to arbitration shall be brought in the appropriate
courts of Salt Lake County, Utah.
13.4 — Force Majeure
BEST Sprinkler Co. LLC is not liable for failure to perform due to
circumstances beyond its reasonable control, including but not limited to:
power failures, natural disasters, weather, acts of God, government
actions, labor disturbances, illness, vehicle or equipment breakdown,
fire, terrorism, or war.
13.5 — Limitation of Liability
NOTWITHSTANDING ANY BREACH OF THIS AGREEMENT, ANY FAILURE OF THE SYSTEM,
OR ANY NEGLIGENT ACT THAT CAUSED ANY INJURY OR LOSS (WHETHER PROPERTY
DAMAGE, PERSONAL INJURY, OR DEATH) TO ANYONE, TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW, WE AND YOU AGREE THAT, UNLESS SUCH INJURY
OR LOSS WAS CAUSED BY A PARTY'S GROSS NEGLIGENCE, FRAUD, WILLFUL INJURY,
OR VIOLATIONS OF LAW, SUCH PARTY'S LIABILITY ARISING OUT OF OR RELATING
TO (1) SYSTEM REPAIRS OR REPLACEMENT UNDER THIS AGREEMENT, SHALL IN NO
EVENT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR THE SPECIFIC
SERVICE GIVING RISE TO THE CLAIM, AND (2) DAMAGE TO PERSONS AND PROPERTY,
SHALL IN NO EVENT EXCEED $1,000,000. YOU AND WE AGREE THAT THIS AMOUNT IS
A FAIR REPRESENTATION OF THE DAMAGES THAT YOU OR WE EXPECT TO INCUR IN
THE CASE OF ANY INJURY OR LOSS HEREUNDER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR WE
MAY BRING A CLAIM AGAINST THE OTHER PARTY OR SUCH PARTY'S AFFILIATES,
OWNERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR SUCCESSORS AND
ASSIGNS FOR ANY SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
OR PUNITIVE DAMAGES (WHETHER OR NOT THE CLAIM THEREFOR IS BASED ON
CONTRACT, TORT, DUTY IMPOSED BY LAW, OR OTHERWISE), IN CONNECTION WITH,
ARISING OUT OF, OR IN ANY WAY RELATED TO THE TRANSACTIONS CONTEMPLATED
BY THIS AGREEMENT OR ANY ACT OR OMISSION OR EVENT OCCURRING IN CONNECTION
THEREWITH. YOU FURTHER AGREE THAT NO CLAIM, LAWSUIT, OR ANY OTHER LEGAL
OR ARBITRATION PROCEEDING IN CONNECTION WITH, ARISING OUT OF, OR IN ANY
WAY RELATED TO THIS AGREEMENT MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER
THE INCIDENT GIVING RISE TO SUCH CLAIM, OR SUCH MINIMUM PERIOD AS MAY BE
REQUIRED BY APPLICABLE LAW, WHICHEVER IS SHORTER.
13.6 — Assignment — Our Transfer
BEST Sprinkler Co. LLC may assign, sell, or transfer (in whole or in part)
this Agreement without your consent and without prior notice. If an
assignee agrees in writing to assume all of our rights and obligations
under this Agreement, BEST Sprinkler Co. LLC will have no further liability
or obligation to you upon the effective date of such assignment. BEST
Sprinkler Co. LLC will provide written notice to the Customer within 30
days following any such assignment.
13.7 — Binding Effect
This Agreement shall be binding upon and benefit you and us and our and
your respective legal representatives, successors, and permitted assigns.
Except as expressly provided in this Agreement, you may not assign this
Agreement (or any of your obligations or rights under it) without our
prior written and signed consent. Any purported assignment by you without
our prior written and signed consent shall be null and void.
13.8 — Survival
After termination or expiration of this Agreement, any provisions which
by their nature are intended to survive such termination or cancellation
shall survive, including without limitation the warranty, limitation of
liability, dispute resolution, indemnification, and payment obligations
set forth herein.
13.9 — Severability
If any provision of this Agreement is held to be invalid, prohibited,
voidable, or otherwise unenforceable by an arbitrator or court of competent
jurisdiction, this Agreement shall be considered divisible and such
provision shall be deemed inoperative to the extent it is deemed invalid,
prohibited, voidable, or unenforceable, and in all other respects this
Agreement shall remain in full force and effect; provided, however, that
if any such provision may be made enforceable by limitation thereof, then
such provision shall be deemed to be so limited and shall be enforceable
to the maximum extent permitted by applicable law.
13.10 — Execution & Electronic Signature
This Agreement has been pre-signed and authorized on behalf of BEST
Sprinkler Co. LLC by its authorized representative as set forth below.
By applying an electronic signature to this Agreement through House Call
Pro, or any other authorized digital signing platform, by typing your
name, by clicking an "Accept," "Agree," "Sign," or similar button, or by
otherwise affirmatively assenting through such platform, the Customer
executes this Agreement and is legally bound by all of its terms.
The parties agree that electronic signatures and records shall have the
same legal force and effect as handwritten signatures and paper records
under the Utah Uniform Electronic Transactions Act (Utah Code §46-4-101
et seq.) and the federal Electronic Signatures in Global and National
Commerce Act (15 U.S.C. §§7001 et seq.). A facsimile, portable document
format (PDF), electronic signature, or digital record of acceptance
generated by House Call Pro or any other authorized digital signing
platform shall constitute an original for all purposes of this Agreement.
The Customer acknowledges that (a) the Customer has had the opportunity
to read the full Agreement before signing, (b) the electronic signature
applied by the Customer is intended to have the same legal effect as a
handwritten signature, and (c) a fully executed copy of this Agreement
will be made available to the Customer by email or through the signing
platform upon completion of signing.
13.11 — Entire Agreement
This Agreement, together with any written or recorded estimate, invoice,
or Change Order referencing it, constitutes the entire agreement between
the parties with respect to the subject matter hereof and supersedes all
prior discussions, representations, and agreements, whether oral or written.
===========================
14. AMENDMENTS & UPDATES TO TERMS
14.1 — Right to Amend
BEST Sprinkler Co. LLC reserves the right to update these Terms and
Conditions at any time to reflect changes in safety standards, insurance
requirements, material costs, applicable law, or any other reason.
14.2 — Governing Version
The version of the Terms and Conditions in effect at the time a Customer
signs or books a service governs that specific service engagement. For
ongoing or multi-visit contracts, the version in effect at the time of
signing governs unless both parties agree in writing to apply updated
terms. BEST Sprinkler Co. LLC will provide email notice of any material
changes before they take effect.
14.3 — Acceptance of Changes
By signing a new service agreement, estimate, or Change Order after updated
Terms have been posted, the Customer accepts those updated Terms as applied
to that new engagement.
14.4 — Where to Find Current Terms
The most current version is always available at:
https://www.bestsprinklerco.com/terms-and-conditions
===========================
15. PUBLICITY & MEDIA RELEASE
By entering into this Agreement, you irrevocably authorize and grant BEST
Sprinkler Co. LLC a perpetual, royalty-free license to use any photographs,
video recordings, and audio recordings made at the work site or property
in connection with services performed under this Agreement, in print media,
radio, television, email, social media, web materials, and any other
promotional or marketing materials, in any medium now known or hereafter
developed. This release covers all visual and audio content captured at
the property during or in connection with service visits, including but
not limited to before-and-after documentation, project showcases, and
crew or equipment footage.
This release also includes the right to use your first name, last initial,
and general location (city or neighborhood) in connection with project
documentation, testimonials, and promotional materials. BEST Sprinkler Co.
LLC will not disclose your full legal name, street address, phone number,
email address, or other personally identifying contact information in
connection with such use, except as necessary to fulfill its obligations
under this Agreement or as required by applicable law.
===========================
EXECUTION & SIGNATURES
BEST Sprinkler Co. LLC has pre-signed and authorized this Agreement on
behalf of the company, as shown in the signature block below. The
Customer's electronic signature, applied through House Call Pro or any
other authorized digital signing platform, completes execution of this
Agreement and renders it fully binding on both parties as of the date
of the Customer's electronic signature.
By applying your electronic signature below, you confirm that:
- You have read, understood, and agree to all terms and conditions set
forth in this Agreement, including the limitation of liability in
Section 13.5 and the publicity and media release in Section 15.
- Your electronic signature has the same legal force and effect as a
handwritten signature.
- You intend to be legally bound by this Agreement.
Booking an appointment, approving work through House Call Pro, or making
payment toward an invoice referencing this Agreement also constitutes
acceptance of these terms.
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PRE-SIGNED ON BEHALF OF BEST SPRINKLER CO. LLC
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Authorized Representative: Ethan Morris
Title: Owner / Authorized Signatory
Signature: __________________________________________
Date Signed: _______________________________________
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CUSTOMER ELECTRONIC SIGNATURE (COMPLETED VIA HOUSE CALL PRO)
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Customer Printed Name: _______________________________
Property Address: ____________________________________
Electronic Signature: ________________________________
Date of Signature: ___________________________________
(Captured automatically by the digital signing platform)
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385-349-0070 | ethan@bestsprinklerco.com | www.bestsprinklerco.com
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