Membership Service Agreement

The agreement and the property

This Membership Service Agreement (the “Agreement”) is between First Class Home Services LLC (“First Class”, “we”, “us”) and the person who enrolls (“you”). It works together with your Plan Summary — the written confirmation we send when you enroll, listing your plan, included services, visit schedule, price, billing term and renewal date. If the two differ on the details of your plan, the Plan Summary controls.

You must be at least 18 and either own the property listed in your Plan Summary (the “Property”) or have the owner’s written permission for us to work there. A membership covers one residential property. Each additional property needs its own membership.

If you sell the Property or move, you may cancel under our Cancellation & Refund Policy, or ask us to transfer the rest of your paid term to the new owner at no charge once they accept this Agreement.

What your membership includes

Your membership includes the services and visits listed in your Plan Summary for your plan (Standard, Premium or Platinum). We perform them on the schedule shown there, adjusted for season and weather.

• Included services that are not used in a billing term do not roll over and are not refunded, unless we failed to provide them. If we miss a service, we will reschedule it or credit you.
• Work outside your plan is quoted separately. We start it only after you approve the price.
• Our team may point out things that need attention. These are recommendations, not inspections or guarantees about the condition of your home.

This membership is a service plan, not insurance or a home warranty. It does not pay to repair or replace systems, appliances or parts of your home that fail.

What is not included

Unless your Plan Summary says otherwise, memberships do not include:

• Work that requires a permit or a licensed trade, including electrical, plumbing, gas, HVAC repair and roofing. We will tell you when a job needs one of these professionals.
• Structural repairs, foundation work, or repairs to damage that existed before our visit.
• Appliance or equipment repair. We perform routine maintenance only.
• Tree work beyond light trimming that can be reached from the ground.
• Work at heights or in conditions our team judges unsafe.
• Hazardous materials, including asbestos, lead paint, mold remediation and biohazards.
• Home inspections. Our visual checks are not a substitute for a licensed home inspection.

Term, renewal and price changes

Your membership starts on the start date in your Plan Summary and runs for the billing term you choose (monthly or annual).

Your membership renews automatically at the end of each term, for the same length of term, and we charge your payment method on file for each new term until you cancel. You can cancel at any time, including online in one step.

• Before you enroll, we show you the renewal terms, the price and how to cancel. After you enroll, we email you a copy of these terms, the cancellation policy and cancellation instructions.
• For annual plans, and before a monthly plan renews past its first year, we send a reminder 25 to 40 days before the renewal date, with the price and how to cancel.
• If we change the price or a material term of your plan, we email you at least 30 days before the change applies to you, with how to cancel. The change takes effect at your next renewal after that notice.

Fees and payment

Membership fees are charged in advance for each billing term through our payment processor. By enrolling, you authorize us to charge your payment method for each term until you cancel. Sales tax is added where it applies.

• If a payment fails, we will let you know and retry up to three times over 10 days. Scheduled visits may be paused until the payment goes through.
• If a payment is still unpaid 30 days after it was due, we may cancel your membership.
• We do not charge late fees.
• If you think a charge is wrong, contact us within 60 days and we will review it.

Cancellation

You may cancel at any time, online, by phone or by email, without a cancellation fee. How cancellation works and what is refunded is set out in our Cancellation & Refund Policy, which is part of this Agreement.

Access to your property

• Outdoor work. You authorize our team to enter the outdoor areas of the Property, such as the yard, driveway, side yards, exterior walls and gutters, on scheduled visit days, whether or not you are home.
• Indoor work. We enter your home only when an adult (18 or older) is present, or when you have given us written permission, by email or text, for that visit.
• Codes and keys. If you give us a gate, lockbox or garage code, we keep it in our customer records, available only to the team members who need it. Tell us at any time to delete it. We recommend changing codes when your membership ends.
• Pets and alarms. Please secure pets during visits and tell us about any animals, alarms or cameras. We may skip an area with a loose or aggressive animal.
• Getting in. If we cannot reach the work area because of a locked gate, a vehicle or an animal, we will try to contact you. We will reschedule once at no charge; after that, the missed visit counts as provided.
• Safety. Our team may stop work if conditions are unsafe, including hazardous conditions, aggressive animals or threatening behavior.

Property damage and claims

We take care with your home. If you believe our work damaged your property:

1. Tell us within 7 days of the visit, by phone or email. Photos help.
2. We will look at the damage within 5 business days.
3. If we caused it, we will, at our choice, repair it, arrange a repair, or pay the reasonable cost of repair.

We are not responsible for damage that existed before our visit; normal wear; items that were not secured; damage caused by weather, other people or other contractors; or hidden items we could not reasonably see and you did not point out, such as unmarked sprinkler heads and lines, landscape lighting wires or buried pet fences. Please mark these and clear fragile items from work areas before visits.

We carry general liability insurance and will provide a certificate of insurance on request.

Scheduling, weather and seasonal work

• We confirm each visit at least 48 hours ahead by text or email, with an arrival window.
• You may reschedule at no charge with at least 24 hours’ notice.
• We may reschedule for rain, snow, high wind, extreme heat or cold, or other unsafe conditions, and will let you know as soon as we can.
• Seasonal services happen within seasonal windows. For example, sprinkler startup happens in spring after the risk of a hard freeze has passed, and winterization happens in fall before the first expected hard freeze.
• Weather is unpredictable. If an early freeze arrives before your confirmed winterization date, we will move you up if we can, but we are not responsible for freeze damage that happens before that date. If a hard freeze is forecast first, turn off your system’s water supply and we will finish the work at your visit.

Licensing and regulated services

We perform only work we are qualified, and where required licensed, to perform, and we follow the laws of the state where your Property is located.

Workmanship

If any work we perform is not done right, tell us within 7 days of the visit and we will come back and fix it at no charge. Parts and materials we install carry their manufacturer’s warranty, which we will pass on to you.

Except for this promise and any warranty the law requires, we make no other warranties about our services.

Limitation of liability

To the fullest extent the law allows:

• We are not liable for indirect, incidental or consequential losses, such as loss of use of your home or lost income.
• Apart from property damage handled under “Property damage and claims” above, our total liability for any claim relating to your membership is limited to the fees you paid us in the 12 months before the claim.

Nothing in this Agreement limits our liability for personal injury caused by our negligence, for our gross negligence or willful misconduct, or for anything else the law does not allow us to limit.

Disputes and governing law

If you have a concern, please contact us first; most problems can be solved quickly. If we cannot resolve it within 30 days, either of us may bring a claim in small claims court, if it qualifies, or in the state or federal courts located in Douglas County, Colorado.

This Agreement is governed by the laws of the State of Colorado. Nothing in this section takes away any right your own state’s consumer protection laws give you, including the right to bring a claim where you live.

Changes and other terms

• Changes. We may update this Agreement. We will email you at least 30 days before a change applies to you. If you do not agree, you may cancel before it takes effect and we will refund any prepaid fees for the unused part of your term.
• Whole agreement. This Agreement, your Plan Summary, our Cancellation & Refund Policy and our Privacy Policy are the whole agreement between us about your membership.
• Notices. We send notices to the email address on your account. You can send notices to us using the details below.
• Electronic signature. Enrolling online or signing electronically has the same effect as signing on paper.
• Transfer. We may transfer this Agreement to a business that takes over our services, and will tell you if we do.
• Severability. If any part of this Agreement cannot be enforced, the rest still applies.

Contact

• Email: hello@first-classhomeservices.com
• Phone: 866-HOME-011 (866-466-3011)
• Mail: First Class Home Services LLC, 8605 Dove Ridge Way, Parker, CO 80134