These Terms and Conditions constitute an agreement (this “Agreement”) made by and between you (either an individual or entity) (“Homeowner” or “Customer”) and Mr. Maison LLC (“Mr. Maison”) (collectively, the “Parties”).

Please review this agreement carefully. By signing up for a membership to receive the services, homeowner agrees to be bound by this agreement, including any updates or revisions posted here or otherwise communicated to homeowner. If homeowner does not agree with the terms and conditions of this agreement, homeowner may not sign up for a membership to receive the services.

This agreement requires final and binding arbitration to resolve any dispute or claim arising out of or relating in any way to this agreement, or your access to or use of or Mr. Maison’s provision of the services, including the validity, applicability, or interpretation of this agreement. You agree that any such claim will be resolved only on an individual basis and not in a class, consolidated, or representative action, arbitration, or other similar process. Please review Section 23 carefully to understand your rights and obligations with respect to the resolution of any claim.

Homeowner represents and warrants that Homeowner: (a) is of legal age to form a binding contract; (b) has the right, authority, and capacity to agree to and abide by this Agreement; and (c) is not a person barred from using the Services under the laws of any applicable jurisdiction.

In consideration of the mutual covenants herein, the Parties agree as follows:

Definitions

1. The “Service” refers to the Mr. Maison Home Maintenance Service which is used to:  Perform quarterly scheduled preventative maintenance on the home to minimize future issues and malfunction.

2. “Homeowner’s Participation Period” will begin on the membership start date and will conclude at the end of the quarter in which thirty (30) days’ prior written notice is provided by the Homeowner to Mr. Maison of the Homeowner’s desire to terminate this Agreement (if notice is not sent at least thirty (30) days prior to the end of the then-existing quarter, then this Agreement will terminate at the end of the following quarter after such notice is sent).  In addition, Mr. Maison may terminate this Agreement upon fifteen (15) days prior written notice to Homeowner given at any time. 

3. “Confidential Information” is any and all information related to Homeowner’s participation in the Service and other information in which either of the Parties holds a legal interest that is not publicly available. Confidential Information includes any data obtained from Homeowner through participation in the Service.

Mr. Maison Evaluation of Suitability

4. The Parties agree that Homeowner’s membership to the Service is subject to Mr. Maison determining, after execution of this Agreement, or at any point during Homeowner’s membership period, that Homeowner’s premises (the “Homeowner’s Premises”) are suitable for inclusion in the Service. Examples of unsuitable circumstances include but are not limited to any known health or safety concern, infectious illness, or unsafe working condition. This determination will be made at Mr. Maison’s sole discretion.

Roles and Responsibilities

5. As part of the mutual consideration in forming this Agreement, Mr. Maison’s roles and responsibilities in this Agreement include:

5.a) Performing and/or managing maintenance of Homeowner’s major appliances and HVAC, plumbing, systems and fixtures. Additional services may be provided as agreed upon by a written agreement between Mr. Maison and Homeowner. 

5.b) Mr. Maison is not responsible for damage caused by the malfunction of Homeowner’s appliances or systems or Homeowner’s or his, her or its invitee’s negligence or willful misconduct. 

5.c) Any damage caused by Mr. Maison’s error or negligence in the performance of Services in a competent and workmanlike manner will be the responsibility for Mr. Maison to determine and complete a reasonable remediation plan.

5.d) At the request of Homeowner, Mr. Maison may recommend providers of services outside of its core services (for example, Pool Cleaning Services) (“Third Party Services”).  Homeowner acknowledges that different terms of use may apply to your use of such Third Party Services and that terms and policies are solely between Homeowner and the third party. Homeowner agrees that Mr. Maison does not endorse and is not responsible or liable for any issues related to Third Party Services. Should Homeowner have a dispute with any Third Party Services provider, Homeowner must address such dispute with the Third Party Services provider directly. No agency, partnership, joint venture, or employment is created as a result of this Agreement or any user’s or Third Party Services provider’s use of any part of the Services, including but not limited to any scheduling or other Third Party Services.

6. As part of the mutual consideration forming this Agreement, Homeowner’s roles and responsibilities in this Agreement include:

6.a) Permitting Mr. Maison and its agents to enter and providing access to Homeowner’s Premises to perform the Services at a mutually agreed upon time.  Homeowner is solely responsible for ensuring that Homeowner’s Premises is compliant with any site requirements identified by Mr. Maison for the provision of the Services furnished by Mr. Maison under this Agreement and acknowledges that Mr. Maison will be permitted to access Homeowner’s Premises without the presence of Homeowner or any other individual on site, if scheduling so requires. Homeowner agrees to crate or barricade all animals away from areas that must be accessed by Mr. Maison personnel to deliver the Services. In the event any of these requirements are not met, Mr. Maison reserves the right to cancel delivery of the Services on site, and Homeowner may be liable for trip charges, as determined by Mr. Maison in its sole discretion. 

6.b) Payment of costs associated with the Service, which include but are not limited to:

6.b.1) A quarterly membership charge including as listed on the payment authorization form signed by the Homeowner and as determined by Mr. Maison and communicated to the Homeowner based on the attributes at the service address.

6.b.2) Any payments for Service provided by Mr. Maison as agreed upon with the Homeowner.

6.b.3) Any equipment, appliances, parts or supplies provided by Mr. Maison or obtained by Mr. Maison on Homeowner’s behalf.

6.b.4) Any charges from third party contractors used by Mr. Maison. 

6.c) Method of payment:

6.c.1) Homeowner hereby authorizes Mr. Maison to automatically charge Homeowner’s credit card or other payment method via the third-party payment processor (e.g., PayPal, Stripe, Square, or others (the “Processor”)) for all applicable fees, including membership and service fees. Such payment method will be auto-debited when due. For clarity, fees related to any Services are due at the time the Core Services are completed. Homeowner must provide accurate, current, and complete information when adding a credit card or other payment method and it is Homeowner's obligation to keep such information up-to-date at all times with Mr. Maison. Homeowner must notify Mr. Maison if Homeowner’s credit card or other payment method expires or is no longer valid and must replace it with a valid credit card or other payment method. Homeowner represents and warrants that Homeowner is authorized to use any credit card or other payment method Homeowner furnishes to Mr. Maison. If Homeowner has a bona fide dispute in relation to any portion of the fees, Homeowner must pay all undisputed fees and shall provide notice to Mr. Maison in writing within thirty (30) days from the date of the applicable due date. Such notice shall set forth the details surrounding the dispute. The Parties shall discuss the disputed fees within five (5) calendar days of the date of the notice. In the event the dispute is not resolved within such time period, then Homeowner may only dispute the disputed fee directly with Mr. Maison’s Processor. For the avoidance of doubt, any pre-paid fees are non-refundable including if the Agreement is not terminated in accordance with Section 8 below. If Homeowner fails to make any payment when due then, in addition to all other remedies that may be available to Mr. Maison, Mr. Maison may suspend provision of any and all services and may charge interest on the past due amount at the rate of 5.0% per month calculated monthly and compounded monthly or, if lower, the highest rate permitted under applicable law. Homeowner further acknowledges and agrees that Mr. Maison reserves the right to charge Homeowner for payment processing (i.e. “Merchant Fees”) associated with payment made by credit card or ACH.

6.c.2) Mr. Maison reserves the right to apply a “Late Cancellation Fee” (a) for any cancelation of Services that are less than 24 hours from the scheduled Service date and time or (b) should Homeowner fail to provide access to the Homeowner Premises at the scheduled date and time of the Service, each of the foregoing at no less than 1 hour at the applied labor rate, or $65 if no labor rate is provided (the “Minimum Labor Rate”), and up to but no greater than 50% of the project estimate if this amount exceeds 1 hour of labor or the Minimum Labor Rate.

7. In order to receive the Services, Homeowner must agree to enable telephone or text communications. Homeowner represents and warrants to Mr. Maison that it has obtained all necessary consents from data subjects and users of the Services under applicable law (including, without limitation, applicable data protection law) to allow Mr. Maison to perform the Services.

8. This Agreement will take effect on the date Homeowner signs up for a membership to the Service (the “membership start date”) and will remain in effect until it is terminated. This Agreement will terminate upon the earliest to occur of (a) execution of a definitive agreement for the Mr. Maison home maintenance platform, or (b) termination by either party effective at the quarter end if at least thirty (30) days prior written notice of the Homeowner or Mr. Maison provided to the other Party of such Party’s desire to terminate this Agreement prior to the end of the applicable quarter (“Quarterly Renewal Period”) unless either Party decides to terminates this Agreement as permitted in this Section 8, or (c) termination by Mr. Maison as provided herein.  Homeowner’s termination notice must be provided in writing to Mr. Maison via James@MrMaisonTX.com.

Treatment of Confidential Information

9. Mr. Maison shall not use any Confidential Information except as necessary to facilitate the ongoing delivery of the Service and Mr. Maison operations related to provision of Services. Mr. Maison shall not disclose any Confidential Information to any third parties, except where those third parties are collaborators with Mr. Maison on Mr. Maison operations. Third parties are explicitly prevented from monetizing Confidential Information, or extending unsolicited communications to the owners of Confidential Information. Mr. Maison shall take reasonable security precautions, at least as great as the precautions it takes to safeguard its own confidential information, to prevent disclosure of the Confidential Information.

10. The Parties agree that it is necessary to provide Confidential Information to Mr. Maison for the purposes of carrying out the Service.

Privacy Policy

11. In addition to this Agreement, the Mr. Maison Privacy Policy at https://www.mrmaisontx.com/privacy-policy (“Privacy Policy”) applies to how Mr. Maison may process information (including without limitation Service-Related Information) provided as part of the Services. Homeowner acknowledges and agrees that by accessing or using the Services, Mr. Maison may receive certain information about Homeowner, including personal information, as set forth in the Privacy Policy, and Mr. Maison may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.

Ownership

12. Homeowner conveys to Mr. Maison the following rights to the data that Mr. Maison collects and receives pursuant to this Agreement (“Service-Related Information”): Joint ownership of Homeowner’s legal interest to the data that Mr. Maison collects from Homeowner’s Premises related to its execution of Services in Section 1.

13. Mr. Maison and its assignees may include Service-Related Information in market research and in presentations so long as the Service-Related Information so included in no way identifies any individual Homeowner’s identity or the address of Homeowner’s Premises.

14. Homeowner’s conveyance to Mr. Maison of a joint ownership interest in Homeowner’s legal interest to Service-Related Information collected from Homeowner’s Premises is in consideration for the mutual covenants contained in this Agreement, including these specific covenants by Mr. Maison. Mr. Maison will treat Homeowner’s Service-Related Information as Confidential Information, except to the extent otherwise permitted herein.

15. Homeowner may provide feedback to Mr. Maison concerning the Service, as applicable, during Homeowner’s Participation Period and from time to time as reasonably requested by Mr. Maison, including, without limitation, identification of improvements (“Feedback”). Mr. Maison will have the rights to use all such Feedback related to the Service, including but not limited to the right to improve or enhance its products and services. Homeowner hereby assigns and agrees to assign to Mr. Maison all of its right, title, and interest in and to any such Feedback provided to Mr. Maison. To the extent that the foregoing assignment is ineffective for whatever reason, Homeowner hereby grants and agrees to grant to Mr. Maison a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify and otherwise exploit such Feedback without restriction.

Assignment

16. This Agreement may not be assigned or otherwise transferred by either party in whole or in part without the express written consent of the other party, which consent shall not unreasonably be withheld, except that Mr. Maison may assign this Agreement as part of a corporate reorganization, consolidation, merger, sale of substantially all of its assets or similar transaction.

Severability

17. If any provision of this Agreement shall be held to be illegal, invalid, or unenforceable, that portion shall be severed and a new enforceable provision shall be substituted therefore to accomplish the intent of the severed provision as nearly as practicable. The remaining provisions of this Agreement shall remain in full force and effect.

Notices

18. All notices and requests under this Agreement must be in writing and, except as specifically provided elsewhere in this Agreement. All written notices shall be deemed to be given to the other Party upon a certified or registered mailing or overnight delivery if addressed to the addresses provided on the [Property Information and Service Charge Form].

Disclaimer of Warranties; Limitation of Liability

20.a) Mr. Maison warrants the Services against defects in manufacturing, materials and workmanship under normal application, installation, use and service conditions for a period of 30 days from date of the Service (the “Warranty Period”). If, during the Warranty Period, the Services does not comply with this limited warranty, then Mr. Maison will, at its sole option, reperform the Service.  If the Service is reperformed under this warranty, the remainder of the Warranty Period will apply to the reperformed Service.  Under no circumstances will the Warranty Period be extended as a result of the Service being reperformed.  Refunds or repair credits for applicable Services that do not conform with the Warranty Period will only be provided in the event that Mr. Maison is unable to re-perform the Services as provided in this Section 20.a). In the event that Mr. Maison issues Homeowner a repair credit, such repair credit can only be applied towards future Services provided by Mr. Maison, and exclude membership and other miscellaneous fees (such as late fees).

20.b) Your use of the Services is at your sole risk. The Services are provided on an "as is" and "as available" basis, with all faults. To the maximum extent permitted by applicable law, Mr. Maison expressly disclaims all warranties of any kind, whether express or implied or arising from statute, course of dealing, usage of trade, or otherwise, including the implied warranties of merchantability, quality, fitness for a particular purpose, title, and non-infringement.

20.c) Mr. Maison makes no warranty, representation, or guarantees that: (i) the Services will meet your requirements; (ii) access to the Services will be uninterrupted, timely, secure, virus-free, or error-free; or (iii) the information and any results that may be obtained from access to or use of the Services will be accurate, reliable, current, or complete.

20.d) Except as specifically set forth in Section 20.a), Mr. Maison makes no warranty, representation, or guarantee with respect to services offered by third-party service, and Mr. Maison specifically disclaims any warranty, representation, or guarantee with respect to the quality, safety, legality, or other characteristics of such services and the conduct of any third-party service provider.

20.e) Mr. Maison expressly disclaims any and all warranties, express or implied, relating to any pre-screening process, criteria, procedures, or information obtained or presented in any prescreening process or disclosures, including but not limited to any warranties of merchantability or fitness for a particular use.

20.f) All content made available through the Services is provided for informational purposes only. Homeowner is solely responsible for confirming the accuracy of all content before taking or omitting any action.

20.g) This disclaimer of warranty may not be valid in some jurisdictions, and you may have warranty rights under the law, which may not be waived or disclaimed. Any such warranty extends only for thirty (30) days from the effective date of this Agreement (unless such law provides otherwise).

20(h) Mr. Maison shall not be liable for any lost profits, loss of data or goodwill, or cost of cover, or for any indirect, incidental, special, exemplary, punitive, or consequential damages, including damages arising from any type or manner of commercial, business, or financial loss, even if Mr. Maison had actual or constructive knowledge of the possibility of such damages and regardless of whether such damages were foreseeable. In no event shall Mr. Maison total aggregate liability be limited to work performed by Mr. Maison or any damages that may directly result from it. Homeowner shall indemnify and hold Mr. Maison and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors (collectively, “Mr. Maison Parties”) harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to the extent resulting from or arising out of any third-party claim, demand, or action due to: (a) Service-related information you provide to Mr. Maison; (b) Homeowner’s violation of this agreement, any law or regulation, or any rights (including intellectual property rights) of another party; (c) Homeowner’s use of the services, except as expressly permitted in this agreement; (d) Homeowner’s interaction with any other users. Mr. Maison will not be liable for services performed by contractors that are outside of its core services as outlined in Section 5.a).

20.i) The foregoing limitations, exclusions, and disclaimers shall apply regardless of whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not the party has been advised of the possibility of such loss or damage. Insofar as applicable law prohibits any limitation on liability herein, the Parties agree that such limitation will be automatically modified, but only to the extent so as to make the limitation compliant with applicable law. The Parties agree that the limitations on liabilities set forth herein are agreed allocations of risk, and such limitations will apply notwithstanding the failure of the essential purpose of any limited remedy.

No Waiver; Amendment; Exclusive Agreement

21. No failure or delay by any of the Parties in exercising any right, power or privilege hereunder shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege hereunder. This Agreement may not be modified, supplemented or amended orally, but may only be modified, supplemented or amended by a writing signed by the duly authorized representatives of the Parties to this Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior or contemporaneous oral or written agreements or understandings between the parties regarding such subject matter.

Governing Law

22. This Agreement shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act (the "FAA"), other applicable federal laws and the laws of the State of Texas, without regard to conflict of laws principles. The Parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.

Binding Arbitration and Class Action Waiver

23. The service is being made available and priced by Mr. Maison on the basis of your acceptance of the following arbitration notice. By entering into this Agreement, Homeowner is agreeing to binding arbitration rather than litigation in any court. Homeowner hereby knowingly and voluntarily waives the right to assert any claim arising out of or in connection with this Agreement in any court, except as expressly provided below in Section 23.c). Homeowner further acknowledges that Homeowner is entering into this Agreement voluntarily and not in reliance on any promises or representations whatsoever except those contained in this Agreement.

23.a) Arbitration of Claims. Homeowner and Mr. Maison mutually agree that any dispute, claim, or controversy (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) arising out of or relating to the Services or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitration (hereinafter “Claim” or “Claims”) shall be settled by binding arbitration before a single arbitrator. The arbitration shall be administered by JAMS in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the “JAMS Streamlined Arbitration Rules”) in effect on the date the arbitration is filed, and will be governed by the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness (the “JAMS Minimum Consumer Standards”). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude Parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator can award any damages or relief on your individual claim that a court of law could, including individual injunctive relief and attorneys’ fees when available under the governing law. The arbitrator will also be empowered to determine the arbitrability of any Claim. Any Claim will be decided by an arbitrator, rather than by a judge or jury, and an arbitration award will be final and binding on Homeowner and Mr. Maison, without any right of appeal. Court review of an arbitration award will be very limited. With the exception of Section 23.c) below, Homeowner and Mr. Maison hereby waive the right to assert any Claim in any court. As set out in Section 23.d) below, all arbitrations will be conducted on an individual basis, and there shall be no class or collective actions in arbitration.

23.b) Other Claims Subject to Arbitration. In addition to Claims brought by either Homeowner or Mr. Maison, Claims made by or against an employee, agent, representative, affiliated company, or subsidiary of Mr. Maison will be subject to arbitration as described herein.

23.c) Exceptions. Mr. Maison agrees not to invoke our right to arbitrate any individual Claim Homeowner brings in small claims court or an equivalent court with jurisdiction, so long as the Claim is pending only in that court.

23.d) Individual Claims Only. Claims may be submitted to arbitration on an individual basis only. Claims subject to this arbitration provision may not be joined or consolidated in arbitration with any Claim of any other person or be arbitrated on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person, unless otherwise agreed to by the parties in writing. Homeowner acknowledges and agrees that Homeowner is waiving any ability to join or consolidate your Claim in arbitration with the Claim of any other person and to bring any Claim on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person. Further, unless Homeowner and Mr. Maison both otherwise agree in writing, the arbitrator may not consolidate Homeowner’s Claim with that of any other person, and may award relief only in favor of Homeowner’s individual Claim. The arbitrator may not award relief for or against any other party, whether directly or indirectly. If a court of competent jurisdiction deems this paragraph to be unenforceable with respect to any Claim, then the entirety of the Arbitration Notice (the “Notice”) will be deemed void with respect to such Claim. Except as provided in the preceding sentence, the Notice will survive any termination of this Agreement. Related Homeowner accounts are considered as one person, and Mr. Maison, its employees, officers, directors, agents, and affiliates are considered as one person. The arbitrator will be competent to determine the arbitrability of any Claim that is attempted to be joined or consolidated in arbitration with the Claim of any other person or brought on a class basis, in a representative capacity, on behalf of the general public, or on behalf of any other person.

23.e) Arbitration Fees. If Homeowner initiates arbitration, Mr. Maison will advance any arbitration fees, including any required deposit. Mr. Maison will also be responsible for payment and/or reimbursement of any arbitration fees which exceed either (1) the amount of filing fees Homeowner would have incurred if your Claim had been brought in the state or federal court nearest Homeowner’s residence with jurisdiction, or (2) $250, whichever is lesser. If Mr. Maison initiates or elects arbitration, Mr. Maison will pay the entire amount of the arbitration fees, including any required deposit. Regardless of who initiates arbitration, Mr. Maison will pay all other arbitration-related costs, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services.

23.f) Arbitration Procedure. A single arbitrator will resolve the Claims. The place of arbitration will be the State in which Homeowner is a legal resident. Homeowner has the right to an in-person arbitration hearing for Homeowner's Claim should Homeowner so choose. Any such hearing will take place within the federal judicial district in which Homeowner lives, or in a reasonably convenient location as agreed by the Parties. The arbitration will be conducted in English. The arbitrator will be either a retired judge or an attorney with at least ten years of experience and will be selected by the Parties; provided, however, that if the Parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then JAMS will appoint the arbitrator in accordance with the JAMS Streamlined Arbitration Rules. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity, but may not grant any form of relief identified in Section 23.d) above without the express written consent of both Parties. Discovery or exchange of non-privileged information relevant to the dispute will be allowed, keeping in mind the reasonable need for the requested information, the availability of other discovery options, and the burdensomeness of the request on the opposing Party. The arbitrator’s award will address all claims properly brought before the arbitrator and will include the essential findings and conclusions upon which the arbitrator based the award. This arbitration provision is made pursuant to a transaction involving interstate commerce and will be governed by the FAA. Homeowner may obtain copies of the current JAMS Streamlined Arbitration Rules, forms, and instructions for initiating an arbitration with JAMS by contacting JAMS online at www.jamsadr.com. Where there is a conflict or inconsistency between the JAMS Streamlined Arbitration Rules and procedures and this arbitration provision, this arbitration provision will govern.

23.g) Confidentiality. Homeowner and Mr. Maison agree that any arbitration proceedings initiated hereunder shall be kept in strict confidence, meaning that Homeowner and Mr. Maison agree not to disclose or cause to be disclosed to any third party the dispute(s) to be arbitrated hereunder, or any of the underlying facts, circumstances, documents, and other materials relating to such dispute(s), except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law.

23.h) Severability. Except as provided in Section 23.d), any provision of this Notice deemed unenforceable by a court of competent jurisdiction may be severed, and the remainder of the Notice shall be given full force and effect.