In consideration of the final billing, Flood Force, LLC. hereafter referred to as (“Flood Force”) agrees to perform all required emergency damage mitigation services within our scope of work.

Scope of work:  Perform emergency services in order to prevent further damages to insured’s property. This may include: documenting damages, removing affected building materials/contents, performing temporary repairs, securing/storing property, cleaning affected areas, installing drying equipment, and all other necessary services.

Commencement and Pre-Existing Conditions: Services are expected to start on the date stated below. The project completion date will be dictated based on the documented drying results. Drying equipment will be removed once dry standard has been achieved and documented. All occupants of the address listed on this agreement understand that Flood Force is only responsible for services it performs, starting on the commencement date, and releases Flood Force of any/all pre-existing conditions made known or unknown that may cause health risks.

Estimated Cost:  All services to be provided will be invoiced utilizing Xactimate, an industry standard software billing program. All scheduled costs published in Xactimate are considered normal and customary pricing guidelines within the restoration and insurance industry. Once all services are completed, an itemized service invoice utilizing Xactimate will be generated. As needed, the service invoice will be forwarded to insurance adjuster for final payment. All self-pay/self-insured customers seeking to file an insurance claim after mitigation services have begun will be required to pay all balances directly to Flood Force and will need to seek remuneration from their insurance carrier at the sole discretion of Flood Force

Contract: For value received, the undersigned customer represents that this contract is in full force and effect. The Customer fully warrants that he/she/it/they have full rights and authority to enter into this contract. The undersigned customer understands and agrees that in consideration for the services being extended herein, he/she/it/they shall be personally liable for all amounts charged, ordered, purchased, received, and incurred upon credit, on open account, or otherwise from Flood Force until such time as all amounts due hereunder are paid in full.

Terms: The terms of this contract begin at the time and date set forth next to Customer’s signature with services payable immediately upon project completion.

Assignment of Insurance Benefits: Customer hereby assigns and transfers any and all insurance rights, benefits, and causes of action under the property insurance policy issued to Customer to Flood Force. The Customer understands that Flood Force now owns the insurance claim to the extent of the services provided. Customer agrees to cooperate fully with Flood Force and their attorneys, to make any and all the their damaged property available for inspection or use by Flood Force to protect their interests. Any payment for goods and services for this invoice that are issued to or received by any party other than Flood Force will be considered a breach of contract for non-payment and will be treated as such, unless Flood Force is immediately notified of any payments issued to a third party and received within two (2) business days from the date the third party received such payment(s).

Direct Pay Authorization: In the event of a “covered insurance loss” the above-mentioned insurance company is hereby authorized to pay Customer’s claim  directly to Flood Force for any/all emergency/mitigation services rendered made necessary by the loss attributes to this service agreement, and Customer instruct their insurance company to place the name of Flood Force on the face of any check or draft issued for payment. Customer hereby authorizes and unequivocally instructs the direct payment of any benefits or proceeds to Flood Force Customer agrees that any portion of work, deductibles, betterment, depreciation or additional work requested by the undersigned, which is not covered by insurance, must be paid by the undersigned on or before the work completion. This above assignment of insurance benefits applies to claims for the payment for work performed be Flood Force at the above property, plus any applicable claims for bad faith, attorney’s fees, and cost owed by the insurance company pursuant to local, state, and federal law. The Customer understands that they remain personally responsible for payment of services to Flood Force rendered by Flood Force that are not paid and/or covered by the above-named insurance company.

Termination: Flood Force may at any time either temporary and/or permanently terminate the usage of any or all equipment due to non-payment of Owner, the discovery of hazardous substances at the property or if Flood Force is unable to complete the work for any other reason. Owner remains liable for all work performed by Flood Force or expenses incurred up to the time of termination

Calendar of Contract: Usage of equipment is deemed to begin at the time of arrival and to the following midnight regardless of the particular hour in which the usage occurs. It is further understood that any portion of a day constitutes a day’s usage and will be considered a full and complete day.

Limits of Liability: The liability of Flood Force. is expressly limited to the total amount of the services authorized herein and paid for and in no event shall Flood Force . its agents, or assigns, be liable for consequential damages of any kind.

Conditions of Contract: In the event Flood Force has to initiate any collection action against Customer to collect payment or to enforce any other provision under this Contract, Owner shall pay all collection, lien and/or litigation costs, including but not limited to attorney’s fees, court costs and expenses. Interest shall accrue at the rate of two percent (2%) per month for any outstanding balance. This Agreement shall be governed by the laws of the Flood Force. If any suit or claim is brought to enforce the terms of this Agreement, such suit or claim shall be brought in the Circuit Court of Montgomery County, State of Ohio. If any provision of this Contract should be held to be invalid or unenforceable, the remaining provisions of this Contract shall remain in full force and effect except for the unenforceable provision(s). Customer gives Flood Force express permission and consent to act as their legal agent in collection, endorsement and distribution of funds relating to services provided by Flood Force. In the event Customer files an insurance claim, Flood Force will not charge Customer’s credit card until payment is past due. Once payment is past due, all charges due to Flood Force including Customer’s deductible, will be charged to the credit card on file.

Commencement/Completion Date: Flood Force expects restoration services to begin on ___________(Date) and completed by ___________(Date). However, Flood Force shall not be liable for any delays in the commencement or completion of services.