This Work Authorization Agreement (“Agreement”) is made this by and between Flood Doctor Inc. (“Flood Doctor”) and (“Client”). (hereinafter referred to collectively as the "Parties").

WHEREAS, the Client desires to hire Flood Doctor to perform emergency mitigation and restoration services for the property located at: (“Property”)

WHEREAS, The Client authorizes Flood Doctor to proceed with its recommended procedures to secure from further damage, preserve, protect, and restore the Property.

WHEREAS, Flood Doctor, which is in the business of providing, among other services, emergency water, and fire damage cleanup, mitigation, and restoration services, desires to provide such services to the Client upon the terms and conditions provided herein; and

WHEREAS, the Parties desire to enter into this Agreement to set forth the terms and conditions that will govern Flood Doctor’s provision of the Services to the Client.

THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, upon the general terms and subject to the conditions set forth in this Agreement and intending to be legally bound, the Parties hereto agree as follows:

DIRECTION OF PAY: Providing the Client has valid and adequate insurance coverage for all or part of the services to be performed by Flood Doctor, the Client authorizes and directs their insurance carrier to pay Flood Doctor directly and to name Flood Doctor on any insurance drafts applicable to this loss.

ASSIGNMENT OF INSURANCE BENEFITS: The Client hereby assigns any and all insurance rights, benefits, proceeds, and causes of action under any applicable insurance policies to Flood Doctor.  This assignment is made in consideration of Flood Doctor performing the services, and not requiring a down payment from the Client prior to starting work. The Client hereby acknowledges that the insurance company is billed as a courtesy and convenience to the Client; should the Client's insurance company fail to honor the assignment of claims and interest, and direction to pay, the Client agrees to pay Flood Doctor any balances due from the Clien'ts personal funds.  The Client further acknowledges and agrees that Restoration Doctor is working for the Client, and not for their insurance company. Therefore, it is understood that the Client is ultimately responsible for full payment of services rendered pursuant to this Agreement.

←Initials

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1. Water migrates into areas not affected initially. Water spreads laterally into adjoining rooms, penetrates materials below, and wicks up into porous materials above. It is best to evaluate all affected areas, not just areas with visible saturation.
2. Saturated materials begin swelling as they absorb moisture. Drying and restoration will restore them in many situations, and the damage may be permanent in others. Rapid drying will help reduce the chance of permanent damage.
3. As water evaporates, it causes an abnormal humidity condition. High humidity can damage some porous materials if allowed to continue. Humidity damage is most common when the indoor humidity exceeds 60% over time. It is best to reduce indoor humidity quickly to help prevent humidity damage.
4. After water intrusion, mold, and bacterial spores can germinate and multiply. Microorganisms can cause mold damage and degrade indoor air quality. Some microorganisms produce antigens and allergens, which cause allergies, while others can cause infections and toxic diseases.

1. Water can be removed;
2. Antimicrobial agents can be applied to help inhibit the growth of mold and other bio-contaminants;
3. Rapid air movement can be introduced into areas and cavities to increase the rate of evaporation, and
4. Relative Humidity (RH) indoors can be reduced.

I understand that Flood Doctor (i) is not a mold remediation company; (ii) Does not guarantee or warranty that it can identify or remove mold; (iii) that a company possessing expertise in mold remediation must be hired to help ensure proper identification, testing, and removal of mold and mildew; and (iv) Flood Doctor's services may only help, not prevent or resolve, any issues related to mold and mildew.

I understand that Flood Doctor's services do not include mold inspections or mold removal. Therefore, I agree to release, indemnify, and hold Flood Doctor harmless for any biological odors or growth, indoor air quality degradation, and any mold-related personal injuries or other damages to health that may occur due to microbiological activity during and/or after the mitigation process.

• Will not allow children to play with this equipment;
• Will not turn off the equipment without first calling Flood Doctor;
• Will not leave windows open unless expressly instructed to do so by Flood Doctor, as this may delay or impair the drying process; and
• Will minimize entering the affected rooms, especially those where the carpet is being dried.

• If dehumidifiers or fans are moved, these units shall be shut off and unplugged, as it may be hazardous to move these units while they are operating.
• Take care when walking near the tackless strip, as the exposed tackless strip presents a danger even when covered.
• Take extreme care when walking on, around, or from wet flooring materials, as floors may become slippery when wet.

• They are personally liable for any damage to, loss, or theft of Flood Doctor's equipment while in their care and custody; Also,
• They shall take reasonable precautions to ensure that Flood Doctor's equipment is not lost, stolen, or damaged.

If Flood Doctor's equipment is lost, stolen, or damaged, the Client hereby agrees to pay for the total replacement cost of Flood Doctor's equipment and all consequential losses resulting from the damage, loss, or theft of Flood Doctor's equipment.

Terms and Conditions of Service

R E A D  C A R E F U L L Y

Note: This Agreement includes a limitation of liability and limitation of remedies.

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Flood Doctor’s performance of the Services is limited by, among other things, the preexisting conditions and characteristics of the Property, material, fabrics, furniture, and/or other items. Flood Doctor expressly disclaims any responsibility or liability for any known or unknown preexisting conditions. Client shall retain responsibility and shall be liable for all effects of and costs necessary to correct such conditions, including, by way of example and not limitation, the conditions identified below:

1. Flood Doctor may, in its sole discretion, pre-test materials for removability of spots or stains; dye or color fastness; shrinkage; fading; adhesive breakdown; or other problems. It is not always possible to determine these conditions in advance.
2. Flood Doctor does not represent, warrant, or guarantee that wall and ceiling cleaning will restore the original color to painted surfaces.
3. Not all building materials and furnishings are conducive to cleaning. Flood Doctor shall use reasonable efforts to advise the Client of any adverse effects which may be reasonably foreseen due to the nature of the fabrics or materials involved. Flood Doctor does not represent, warrant, or guarantee that such materials can be cleaned or that there will be no adverse effects from any attempt to clean such materials.
4. A variety of materials are used in the manufacturing and construction of buildings and furnishings. These materials include backings, linings, tacks, and many other unknown substances that may cause discoloration and other adverse effects on the face material or its structural integrity. The Client acknowledges that it is impossible to determine when such adverse effects may occur, and Flood Doctor does not represent, warrant, or guarantee against such adverse effects.
5. The Client acknowledges and agrees that mold is commonly found throughout indoor environments and that it is impossible to fully eradicate mold. Flood Doctor does not represent, warrant, or guarantee the removal or eradication of mold.
6. The Client acknowledges and agrees that Flood Doctor does not represent, warrant, or guarantee detection or repair of the original cause of the damage it is hired to mitigate.

Warranties: Flood Doctor specifically disclaims any other representations, warranties, and implied warranties (either in fact or by operation of law), including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose of any implied warranty arising out of a course of dealing, custom or usage of trade. This Agreement provides for the provision of services and does not provide for the sale of goods.

Limitation of Liability: In no event shall Flood Doctor, its owners, any officers, directors, employees, agents, subcontractors, or affiliates be responsible for indirect, special, nominal, incidental, punitive, or consequential losses or damages, or for any penalties, regardless of the legal or equitable theory asserted; including contract, negligence, warranty, strict liability, statute or otherwise, even if it had been aware of the possibility of such damages or they are foreseeable; or for claims by a third party. The maximum aggregate shall not exceed three times the amount paid by the Client for the services or actual proven damages, whichever is less. The Client agrees that the remedies expressed herein represent the sole and exclusive remedies available to the Client under this Agreement. The limitations herein shall apply even if any other remedies fail their essential purpose.

Additional Work: Any labor, materials, or other work beyond those identified in this Agreement shall require a written amendment to this Agreement and will result in additional charges.

Nonperformance and Breach of Contract: Any claim by the Client for faulty performance, nonperformance, or breach under this Agreement for damages, shall be made in writing to Flood Doctor within sixty (60) days after completion of services. Failure to make such a written claim for any matter which Flood Doctor could have corrected shall be deemed a waiver of said claim by the Client. No action, regardless of form, relating to the subject matter of this Agreement may be brought more than one (1) year after the claiming party knew or should have known of the cause of action.

Headings: The headings contained in this Agreement are for convenience of reference only, form no part of this Agreement, and have no force or effect whatsoever.

Force Majeure: With respect to the performance obligations of this Agreement, where there occurs any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, inability to obtain services, labor, or materials, or reasonable substitutes therefor, governmental actions, civil commotions, fire, flood, civil commotion, riot, war (declared and undeclared), revolution, or embargoes and other causes beyond the reasonable control of Flood Doctor (a Force Majeure event), Flood Doctor’s failure to perform shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the parties to resume performance under this Agreement.

No Waiver: A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.

Severability Clause: If any provision of this Agreement is found to be ineffective, unenforceable, or illegal for any reason under present or future laws, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision never comprised a part of this Agreement. The remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the ineffective, unenforceable, or illegal provision or by its severance from this Agreement.

Modification and Waivers: No modification, termination, or attempted waiver of this Agreement shall be valid unless in writing and signed by the party against whom the same is sought to be enforced.

Overhead and Profit: Flood Doctor shall be entitled to an additive of Ten Percent (10%) overhead, and Fifteen Percent (15%) profit for all services rendered by subcontractors; as well as on all appropriate and approved equipment rental, operating and transporting costs. Overhead and Profit percentages shall be considered to include, among other costs; change order processing costs including without limitation project management, estimating, clerical, and drafting costs performed by field operations or in the home office, relating to change in the Work; field supervision; incidental job burdens; cost of idle equipment; home office overhead and consequential damages; general home office expenses; profit; and loss of profit.

Merger Clause: This work authorization contains the final, complete, and exclusive statement of the Agreement between Flood Doctor and Client with respect to the transactions contemplated herein. All other prior or contemporaneous oral communications (including, for the avoidance of doubt, any communications in connection with the preparation of this work authorization) and all prior written or oral communications and agreements with respect to the subject matter hereof are merged herein and superseded into this work authorization. For the avoidance of doubt, it is the parties’ intent that no term contained in or omitted from any prior written draft of this work authorization or other communication be used as extrinsic evidence under any state law or judicial interpretation to determine the parties’ intent hereto.

No Representations: The Client represents that he/she has had the opportunity to consult with an attorney and has carefully read and understands the scope and effect of the provisions of this Agreement. In agreeing to this agreement, the Client has not relied upon any representations or statements made by Flood Doctor or its employees, which are not explicitly outlined in this Agreement.

Assignment of Rights: This Agreement and the rights and obligations of the parties herein shall inure to the benefit of, and be binding upon, their respective successors, assigns, and legal representatives.

Preexisting Contaminations: Notwithstanding any other provision of this Agreement, Flood Doctor shall not be responsible for any Toxic Materials that were on the Property previously. The Client agrees that (i) Flood Doctor shall not be responsible for any such Toxic Materials regardless of, boundaries or level of contamination, or the cost of clean-up, is increased as a result of mitigation and Clean-up activities that Flood Doctor may take; and (ii) the Client shall be responsible for any Toxic Material that is discovered, released or disturbed as the result of any excavation or other subsurface activity made or undertaken on the Property by Flood Doctor or any of Flood Doctor’s Representatives.

Insurance Assignment of Benefits: I hereby authorize my insurance company to pay Flood Doctor directly for their services. As the Owner or Authorized agent of the property owner, it is understood that I have authorized the work and accept responsibility to Flood Doctor for services rendered. It is fully understood and agreed that the Owner/Agent is personally responsible for the total costs and charges for the work, including but not limited to any deductible, depreciation, or holdback not covered by insurance. If the Client’s insurance carrier pays Flood Doctor directly, any charges for services not reimbursed by the insurance carrier are the Client’s sole responsibility and must be paid upon completion of work. Flood Doctor must approve any exceptions in writing, and a finance charge of 1.5% per month (minimum of $1.00), will be applied to any unpaid balance after thirty (30) days.

Invoicing: Flood Doctor shall bill all charges and costs directly to the Client (insured), and, as a courtesy only, a copy of these documents will be e-mailed to the insurance carrier. It is fully understood and agreed that Flood Doctor is hired directly by the Client and is in no way required to communicate, deal, negotiate with, or provide any internal notes, documents, or images to the Client’s Insurance company, or any other Third Party on the Client’s behalf and that all charges and costs are due upon completion of work.

Third Parties: The Client understands and agrees that Flood Doctor is (i) not a public adjusting firm, (ii) does not provide adjusting services, and (iii) will not negotiate with their insurance company on their behalf. If such services are required due to the complex nature of a claim, the Client should retain the services of a licensed and qualified public adjusting firm to negotiate with their insurance carrier on their behalf. At no time will Flood Doctor accept a ‘Third Party Assessment’ of the loss post-mitigation. That includes but is not limited to any insurance company’ Third Party Vendor’, or ‘Third Party Estimate’ for work performed by Flood Doctor or Flood Doctor’s employees, subcontractors, and agents.

Proof of Loss:  Should evidence of loss be mandated by an insurer or any other external party, it is incumbent upon the Client to retain and manage pertinent records. As a part of standard procedure and to track progress, Flood Doctor’s staff and agents compile daily photographs, notes, background measurements, and environmental readings, and maintain a record of services rendered and tasks accomplished. These documents facilitate the monitoring of the drying process, aiding in the assessment of whether supplementary equipment or services are needed, and when the Dry-Standard has been attained. Flood Doctor neither has an obligation nor assents to disclose any of its internal records to the Client, or any third party. As a discretionary courtesy, Flood Doctor may choose to provide certain relevant project documents to assist clients in the claims process or when seeking reimbursements. This voluntary action does not contravene the terms of this Agreement and shall not be interpreted as a pattern of behavior. Flood Doctor reserves the right to disclose, at its sole discretion, all, some, or none of its internal documents.

Attorneys’ Fees: Should the need arise for legal action to collect monies due under this Agreement, or should the matter be turned over to collections, Flood Doctor shall be entitled, in addition to other amounts owed by the Client, to reasonable legal fees and costs of any such collection attempts, and a finance charge of 1.5% per month (minimum of $1.00). This attorney fee provision shall not be effective or enforceable in jurisdictions where attorney fee provisions are made reciprocal or invalid by operation of law. Consent is hereby given for filing of a mechanic’s lien by Flood Doctor for the work described in this Agreement on the Property.

Governing Law: This Agreement and the rights and obligations of the parties under it are governed by and interpreted in accordance with the laws of the Commonwealth of Virginia (without regard to principles of conflicts of law.) The Client consents to the jurisdiction of the Commonwealth of Virginia and the Venue of Fairfax County, Virginia for any litigation regarding this Agreement.

Waiver of Right to Jury Trial: Both Flood Doctor and Client waive their respective rights to a trial by jury with respect to any and all claims or causes of action (including counterclaims) related to or arising out of or in any way connected to this Agreement and agree that any claim or cause of action will be tried by a court trial without a jury.

←Innitials

I have read and understand the information above and have received a copy for my records.

CLIENT OR AUTHORIZED AGENT

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Document name: Work Authorization Agreement & Terms of Service

Unique Document ID: baa63f21c6dc308b3263f27bbf342f2172df6b92

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Timestamp	Audit
April 18, 2024 9:47 am EDT	Work Authorization Agreement & Terms of Service Uploaded by Flood Doctor - [email protected] IP 96.241.66.199
April 18, 2024 9:51 am EDT	office - [email protected] added by Flood Doctor - [email protected] as a CC'd Recipient Ip: 96.241.66.199
April 18, 2024 9:58 am EDT	office - [email protected] added by Flood Doctor - [email protected] as a CC'd Recipient Ip: 96.241.66.199
April 18, 2024 10:06 am EDT	office - [email protected] added by Flood Doctor - [email protected] as a CC'd Recipient Ip: 96.241.66.199
April 18, 2024 10:25 am EDT	office - [email protected] added by Flood Doctor - [email protected] as a CC'd Recipient Ip: 96.241.66.199

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