HOME MAINTENANCE SERVICES AGREEMENT
(HomeCare Concierge)

This Home Maintenance Services Agreement (“Agreement”) is entered into by and between HomeCare Concierge (“HomeCare,” “Company,” “we,” or “us”) and the undersigned homeowner (“Homeowner,” “you,” or “your”) for services to be performed at
the property identified during enrollment (the “Property”). By clicking “I Accept” or otherwise electronically agreeing to this Agreement, you:

 

1. Represent that you are the owner of the Property or are authorized to retain maintenance services for the Property;

2. Acknowledge that you have read and understand this Agreement in its entirety;

3. Agree to be legally bound by its terms; and

4. Enter into a binding contract governed by Tennessee law.

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HomeCare and Homeowner may each be referred to as a “Party” and collectively as the “Parties.”

 

1. TERM

This Agreement begins on the date of acceptance (“Effective Date”) and continues for twelve (12) months (“Initial Term”).

The Agreement will automatically renew for successive twelve (12) month periods (each a “Renewal Term”) unless either Party provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Initial Term and any Renewal Terms are collectively referred to as the “Term.”

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2. SCOPE OF SERVICES

Upon payment of the applicable Annual Fee, HomeCare will provide:

(a) Annual Home Physical

One (1) annual walkthrough visual inspection (“Home Physical”).
This inspection is not a licensed Tennessee home inspection and does not comply with the Tennessee Home Inspector License Act (Tenn. Code Ann. § 62-6-301 et seq.). HomeCare is not acting as a licensed Tennessee home inspector (as described in
Exhibit A).

(b) Quarterly Maintenance Visits
Four (4) visits per year, each up to one and one-half (1.5) hours, for routine maintenance services and standard maintenance materials (as described in Exhibit B).

(c) Level 1 Handyman Services
Up to two (2) hours of HomeCare Level 1 Handyman labor annually (labor only), as described in Exhibit C.

(d) Digital Property Records
Access to HomeCare’s maintenance records related to the Property.

(e) Service Coordination
At Homeowner’s request, HomeCare may coordinate third-party service providers. Project management fees may apply.

 

Collectively, these are the “Services.”

Exhibit A: Annual Check Up Inspection, the “Home Physical”

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Disclaimer: HomeCare's annual check up inspection “Home Physical” is a walkthrough visual inspection and not to be considered in line or equivalent to a certified TREC home inspection. HomeCare is not a licensed inspector. We do not guarantee any of our findings or assume responsibility for any current or future issues with the home or the appliances or mechanical failures. The HomeCare annual check up inspection is similar to a maintenance manual description of what homeowners should be inspecting each year.

 

We will be visually examining the following in an attempt to identify anything we can to point out to the homeowner.

• Roof for obvious holes, gaps, deterioration.

• Landscape gradient for obvious improper slope toward the house or signs of water not draining correctly around the house.

• Siding and roof for any abrasive vegetation or materials scraping.

• Siding materials and windows for obvious signs of deterioration, gaps, holes, water damage.

• Sinks, tubs, and showers for water leaking out of fixtures or visible plumbing, and proper drainage.

• Exterior door weather stripping

• Doors swinging, catching and latching

• Light bulbs not turning on

• Windows for any cracks, breaks, fogging

• Smoke detectors for age – should not be more than 10yrs old

• Wood floors for cupping or other signs of damage

• Doorbell for properly working

• Tubs, showers and kitchen counters for caulking to see if any is deteriorating or worn out

• AC air handlers for water in the secondary pan

• Hot water heaters for any signs of water in the overflow pan or signs of rust or corrosion

• Walkways and driveways for major cracks or tripping hazards

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Exhibit B: Maintenance Activities Included in HomeCare's Annual Subscription

Quarterly Activities

• Garbage Disposers

  • Sanitize

• Dishwashers

  • Sanitize the dishwashers (provided dishwasher is not in use)

  • Clean the dishwasher filter (provided dishwasher is not in use)

• Clothes Washing Machines

  • Sanitize the washing machines (Provided the washing machine is empty and not in use)

• Air Conditioner 1 inch air filters

  • Change​

• Water Softener Systems

  • Check salt levels and add when necessary​

• Light bulbs

  • Replace burnt out light bulbs​

    • Included if the customer has the bulbs on hand at the house and can be reached with a standard 6ft A frame ladder or light bulb changing pole. If HomeCare needs to go procure light bulbs or it requires a larger ladder or scaffolding that will be considered project work and billed separately.

• Check for pest and signs of infestation

• Check for leaks under sinks, toilets and hot water heater

• Check fire extinguisher pressure gauge

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Twice Yearly Activities:

• Refrigerators (summer and winter)

  • Change the refrigerator water filter*

    • ​*If the refrigerator has a standard built in water filter

• Under Counter Residential Ice Makers

  • Descale

  • Vacuum condenser

  • Clean the bin

  • Change the ice maker water filter (If the ice maker has a standard built in water filter)

• HVAC Mini Splits

  • Clean the built in air filter

• Crawl Space Air Vents

  • Open in Spring

  • Close in Fall/Winter

• Vent Hood

  • Degrease Vent hood filters

Once a Year Activities:

• Clothes Washing Machine

  • Clean water inlet filters

• Clothes Dryer

  • Clean the dryer exhaust line

• Refrigerators

  • Vacuum refrigerator condensers and grills (When accessible from the front. We do not pull refrigerators outwith the potential to damage floors.)

  • Replace air/odor filters

• ​Carbon Monoxide Detectors

  • Change 9 volt or AA batteries. Lithium batteries could require longer suggested

• HVAC Condensers

  • Hose down cleaning major debris

• Water Heaters

  • Tankless: Descale and flush tankless water heaters *if a tankless unit is over 3 years old and has never been descaled there is a good chance the service valves are seized up and could break requiring replacement and/or due to excessive sediment build up some sediment ends up dislodging after the descaling process that reduces water pressure at some fixtures requiring

  • Tank: Flush tank water heaters *As long as they are under 8 years old or proven regular maintenance

• Drains

  • Treat sink, tub, and shower drain lines with drain cleaner

• Air conditioner

  • Clean out condensate line

• Sink Faucets

  • Clean sink aerators. *Standard aerators that can be removed with typical aerator keys

• Garage Doors

  • Oil garage door rollers, bearings, and hinges.

• Smoke Detectors

  • Change smoke detector batteries. *Annually change standard 9v and AA batteries. Nest smoke detectors use Lithium Ion batteries that are replaced every (2) years

 

Maintenance Materials Included with Annual Subscription

• Clothes Washers

  • Sanitation solution

• Dishwashers

  • Sanitation solution

• Garbage Disposers

  • Sanitation solution

• Under Counter Residential Ice Makers

  • Descale solution

  • Standard in appliance water filters* Inline, reverse osmosis, and other filters not in the appliance are not included in the standard maintenance materials

• HVAC Systems

  • Up to Merv 13 filters

  • Drain cleaning solution

• Hot Water Heaters

  • Descale solution

• Drains

  • Cleaner

• Smoke Detectors

  • 9v batteries

  • AA batteries

  • Lithium Ion AA batteries for NEST every other year

• Water Softening Systems

  • Salt refills

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Exhibit C

These are examples of HomeCare's standard Level 1 Handyman services. It is ultimately up to HomeCare to determine if a project and the resources needed fall into HomeCare's Level 1 to be billed at Level 1 Home Technician rates or require a more advanced level or even a specialized partner, which may be at a higher billable rate.

 

HomeCare Level 1 Handyman Service Examples:

• Assemble ready to assemble furniture

• Hang TV’s, shelves, pictures, curtains, mirrors and other decorative items *Up to certain weights, not including fine and/or expensive art pieces, and into what is deemed by HomePoint to be standard wall finishes

• Minor sheet rock repairs *Dependent on size of patch and texture finish level

• Minor touch up painting

• Adjust door swings and strikes

• Replace door knobs and deadbolts

• Adjust cabinet doors

• Fix jammed garbage disposers

• Replace garbage disposers

• Replace smoke detectors

• Install video door bells

• Replace worn out weather stripping in doors and windows

• Apply touch up caulking and grout around sinks, tubs, showers and toilets

• Fill driveway and sidewalk cracks and worn out expansion joints

• Fix running toilets

• Unclog a sink* Clogs that can be cleared at the stopper, tail pipe, or P Trap

• Unclog a toilet* Clogs primarily in the toilet’s P Trap that can be cleared with a standard toilet auger

• Replace threaded water supply lines on toilets and appliances

• Minor gutter sealing to leaking areas

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3. FEES
Annual Fee per Property (includes applicable Tennessee sales tax):

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The Annual Fee includes:

• Labor for Home Physical

• Labor for quarterly maintenance visits

• Two hours Level 1 Handyman labor

• Standard maintenance materials (Exhibit B)

 

The Annual Fee does not include parts, specialty materials, advanced repairs, or non- Level 1 work.

 

Additional Work

Work beyond included services will be billed at:

• $96/hour for Level 1 labor

• Skilled technician rates for advanced services

• Plus parts and materials

All additional work requires written approval via work order before commencement.

 

Project Management
If HomeCare coordinates third-party services, a project management fee of up to ten percent (10%) of the vendor invoice may apply.

 

4. INVOICING & PAYMENT

• Lump sum plans are invoiced at enrollment and on each renewal anniversary.

• Quarterly plans are invoiced quarterly.

• Payment is due upon receipt.

• HomeCare will not begin work until payment is received.

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5. EXCLUSIONS & DISCLAIMERS
This Agreement is a preventive maintenance plan only. It is not a warranty, guarantee, insurance policy, or representation of property condition.

 

HomeCare does not guarantee:

• Identification of all existing defects

• Prevention of future failures

• Mechanical lifespan of systems

• Protection against unforeseen damage

 

HomeCare is not liable for damages resulting from:

• Fire, flooding, freezing, storms, lightning, soil movement, or Acts of God

• Pest damage

• Electrical surges

• Misuse, abuse, or neglect

• Ordinary wear and tear

• Actions of third parties, including homeowner or other contractors

• Pre-existing conditions not reasonably observable

Homeowner agrees to hold HomeCare harmless for claims arising from the above
exclusions.

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6. HOMEOWNER RESPONSIBILITIES

 

Homeowner agrees to:

• Provide safe access to the Property

• Approve work in writing

• Ensure utilities are functioning

• Remove personal items obstructing service areas

• Disclose known hazardous conditions

 

Homeowner warrants no hazardous materials (including asbestos, mold, or regulated pollutants) are present in areas to be serviced.
If hazardous materials are discovered:

• Work will pause immediately

• Homeowner is responsible for testing and remediation

• Homeowner shall indemnify and hold HomeCare harmless for related claims

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7. WARRANTIES

HomeCare warrants that Services will be performed in a workmanlike manner.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, SERVICES ARE PROVIDED “AS IS.”
HOMECARE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.

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8. LIMITATION OF LIABILITY
To the fullest extent permitted under Tennessee law:

 

HomeCare’s total aggregate liability shall not exceed the fees paid for the specific Service giving rise to the claim in the three (3) months preceding the claim.

HomeCare shall not be liable for:

• Consequential damages

• Incidental damages

• Special damages

• Lost profits

• Loss of goodwill

 

This limitation applies to contract, negligence, strict liability, or any other theory of recovery. This limitation does not apply to gross negligence or willful misconduct.

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9. DISPUTE RESOLUTION
 

Arbitration Required

 

Except for actions seeking temporary injunctive relief or enforcement of arbitration awards, all disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

• Venue: Nashville, Tennessee

• Governing Law: Tennessee law

• Federal Arbitration Act (9 U.S.C. § 1 et seq.) governs enforceability.

No class actions are permitted. Claims must be brought individually.

 

Cure Period
Homeowner must provide written notice of alleged breach and allow HomeCare thirty (30) days to cure before initiating arbitration.

 

Attorneys’ Fees
The prevailing Party shall be entitled to reasonable attorneys’ fees and costs.

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10. GOVERNING LAW
This Agreement is governed by the laws of the State of Tennessee.

 

Courts located in Davidson County, Tennessee shall have jurisdiction solely for:

• Enforcement of arbitration awards

• Temporary injunctive relief

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11. SUBCONTRACTORS
HomeCare may use subcontractors. HomeCare remains responsible for supervising such work.

 

12. FORCE MAJEURE
HomeCare shall not be liable for delays caused by events beyond its reasonable control, including weather, labor shortages, supply chain disruptions, natural disasters, or governmental actions.

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13. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties and supersedes prior communications. Modifications must be in writing and signed by both Parties. If any provision is found unenforceable, the remaining provisions remain in effect.