TERMS OF SERVICE

 RIPTIDE SOFTWASH TERMS OF AGREEMENT

“Client†hereby accepts the foregoing estimate (“Estimateâ€) for Florida Property Wash Inc (hereinafter, “Riptide Softwashâ€) residential and commercial exterior products and services, including pressure washing, soft washing, roof cleaning, paver sealing and other associated cleaning/sealing services (“Riptide Softwashâ€) and agrees to this Customer Agreement (collectively with Estimate, the “Agreementâ€) with Riptide Softwash as of the Agreement’s Effective Date.

1. Scope and Provisioning of Riptide Softwash.

Riptide Softwash shall provide Client with the Riptide Softwash services included in
the Estimate. Riptide Softwash shall provide the Riptide Softwash services at the
property described in the Estimate (“Propertyâ€) in accordance with the
terms and subject to the conditions set forth in this Agreement. Service
will be scheduled by Riptide Softwash at its convenience. Given unknown
circumstances such as traffic, weather conditions and competing
priorities, Riptide Softwash is unable to provide exact arrival times, but will
notify Client in the event a project needs to be rescheduled.

2. Client Responsibilities.

2.1 Client shall provide Riptide Softwash, its employees, and
representatives access to the Property to accomplish the Riptide Softwash
services. This responsibility includes providing access prior to, on, and
following the date of service for assessment, provisioning, and follow-up
visits or remediation. Riptide Softwash will endeavor to provide advance
notice of such access requests, but, the aforementioned visits may be
done with little to no notice.

2.2 Client shall provide Riptide Softwash advance notice in writing of
any surfaces or areas on the Property that are sensitive to Riptide Softwash,                                                                                                                                      including cleaning solutions used therein, and/or present
hazards or dangers to Riptide Softwash’s employees and representatives.

2.3 On the date of service, Client shall provide Riptide Softwash use of
residential/commercial water source(s) via outdoor spigots or inlet
line(s) from a backflow preventer on the Property.

2.4 On the date of service, Client shall ensure the following
preparations occur prior to Riptide Softwash’s arrival:
i. Doors and windows shut completely, properly sealed, and watertight;
ii. Pet droppings removed from areas on Property where
technicians and equipment will be used;
iii. Outside electrical outlets and fixtures are shut off at the
breaker level;
iv. All persons at Property, including children and pets are
secured indoors; and
v. Places surrounding and adjacent to area on Property to be
serviced by Riptide Softwash are cleared of sensitive materials
including, but not limited to rugs, doormats, outdoor
furniture, cushions, plants, and vehicles.

2.5 We uphold the highest industry standards for glass cleaning tools                                                                                                                                                      and methods but must inform and educate its customers about the inherent                                                                                                                                           risk of scratches when cleaning glass. Given the facts below, we cannot be held                                                                                                                                  liable for glass scratches. Minuscule glass particles (or “glass finesâ€) may exist on                                                                                                                                  the pane surface. This flaw is common for tempered or hurricane-proof glass often                                                                                                                      installed in Florida. During a normal cleaning process, these glass fines can break                                                                                                                                  off and cause hairline scratches. Removal of paint, adhesives, calcium deposits,                                                                                                                                     or construction debris may require the use of scrubbing pads or scrapers, which                                                                                                                      increases the risk of scratched glass, and is a separate service from standard window                                                                                                                cleaning. When cleaning glass to remove calcium deposits, some brands of tinted or                                                                                                                           soft glass may be micro-scratched with vinyl buffing pads. Pre-existing scratches may                                                                                                                          be visible or apparent after the glass is cleaned

3. Invoicing and Payment.

Estimates in excess of $1000 require a fifty percent (50%) percent
deposit at time of acceptance. Unless otherwise agreed by the parties in
writing, final payment in full is due upon the completion of the Riptide Softwash
Services included in the Estimate (deposits, if any, will be credited from
the final payment amount due). Riptide Softwash accepts payment via check,
ACH or credit. If paying via credit, Riptide Softwash accepts payment through
a credit card processor link, which carries a 3.5% fee to paid by Client.
Checks should be made payable to “Riptide Softwashâ€.

4. Late Payment, Billing Disputes, & Failure to Pay.

If payment is not received by Riptide Softwash upon completion of project,                                                                                                                                            Riptide Softwash reserves the right to charge a late fee equal to the
lesser of the maximum interest rate permitted by law or 1 1â„2 percent per
month for the total amount not timely paid. Riptide Softwash charges a $50.00
fee for each NSF check, ACH bounce back, or credit card bounce back.
Acceptance of late or partial payments (even if marked “Paid in Full†or
with other restrictions) shall not waive any of Riptide Softwash’s rights to
collect the full amount of Client’s charges for the service. Client agrees to
reimburse Riptide Softwash for reasonable attorneys’ fees and other costs
associated with collecting delinquent or dishonored payments and/or
disputed invoices.

5. Cancelation.

Cancelation by Client following the Effective Date of this Agreement will
result in a ten percent (10%) fee “Cancelation Fee†based on the total
amount of the Estimate. A Cancelation Fee is due at time of cancelation
and Client hereby authorizes Riptide Softwash to charge/debit Subscriber’s
authorized payment account for any such Cancelation Fee. Cancellation
by Client shall include Riptide Softwash’s inability to provide Riptide Softwash
Services due to Client’s breach of this Agreement or any of the terms and                                                                                                                                      conditions set forth herein. Riptide Softwash, in its sole discretion, may
terminate this Agreement in whole or in part, at any time, without cause
by providing written notice to Client. Absent the return of any unused
deposit, Riptide Softwash will not be liable to Client for compensation,
reimbursement, or damages of any kind in connection with Riptide Softwash’s
termination or suspension of the Agreement.

6. Warnings.

Riptide Softwash takes precautions to keep both its employees and
representatives safe and avoid causing damage to the Property.
However, due to various reasons including but not limited to poor
maintenance, neglect, age, wear and tear, and building material type,
damage from Riptide Softwash can be inevitable. Riptide Softwash provides
the following, non-exclusive list of warnings, which Client acknowledges
and accepts the risk thereof:
(a) Utilizing chemicals to perform the Riptide Softwash Services can be
very effective, but comes with risk. Cleaning with chemicals
creates the possibility of the Property and surrounding
vegetation being negatively impacted, including but not limited
to staining, discoloration, corrosion, and vegetation death;
(b) Shingle and concrete surfaces naturally suffer granular loss over
time. Algae and other biological growths may exacerbate such
loss. Areas affected by granular loss will become more visible
after cleaning due to the removal of the organic matter that was
covering it;
(c) Surfaces such as walls and pool cages that have been exposed to
sun are susceptible to oxidation. Any existing oxidation, flaws, or
blemishes on the Property may become more visible and/or
noticeable after Riptide Softwash Services are provisioned;
(d) House/Wall washing services will include basic window cleaning,
which may leave water spots. Riptide Softwash suggests Client remove
window screens for a more effective wash, but this does not
guarantee water spots or “hazing†will not occur;
(e) Stripping of previous sealant from pavers and/or driveway
settings is an extensive process with multiple risks involved;

7. Exclusions and Limitations.

Riptide Softwash is not responsible for remediating and/or damages arising
out of or related to the following:
(a) Areas beyond 28-foot ladder capability (“Unreachable Areasâ€);
(b) Preexisting damage or conditions, including but not limited to,
damages or deterioration to paint, wood, trim, windows, screens,
landscaping, electrical, irrigation, asphalt, concrete, or roofing;
(c) Damages that occur due to improper maintenance, neglect,
sealing, or low-grade building materials;
(d) Insects (including wasp and hornet) and bird nests;
(e) Ill effects to substrates;
(f) Moving or adjusting location of furniture, planters, or other
items;
(g) Oxidation removal (from gutters, vinyl, metal, etc.);
(h) Uncovered, faulty, or improperly sealed outlets, open windows,
window spotting, water intrusion, or leakage;
(i) Vine remnant and removal;
(j) Paint splatters;
(k) Stains, such as those from tree droppings, fertilizers, iron in
irrigation water, oil or other vehicle fluids, car wash residue, mud
wasps, etc.;
(l) Paint/stain runs or fading; or
(m) Fogging with multi-pane windows or bad seals.

8. Client Media Use.
Client agrees to grant Riptide Softwash permission to use photos, videos,
reviews, or descriptions of the Property (“Client Mediaâ€) for any and all purposes, including                                                                                                                   but not limited to advertising. Client shall not be
compensated for usage of Client Media.

9. DISCLAIMER OF ALL WARRANTIES. 

RIPTIDE SOFTWASH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPLICITLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE (EVEN IF SUCH PURPOSE OR USE WAS MADE KNOWN), OR ANY
WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR
COURSE OF PERFORMANCE OR ANY WARRANTY THAT RIPTIDE SOFTWASH WILL MEET THE CLIENT’S REQUIREMENTS OR
THAT RIPTIDE SOFTWASH WILL BE WITHOUT FAILURE OR
DELAY, EXCEPT AS EXPRESSLY PROVIDED HEREIN.

10. LIMITATION ON DAMAGES.

RIPTIDE SOFTWASH SHALL NOT BE LIABLE TO CLIENT OR TO ANY THIRD PARTIES FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES RELATING
TO OR ARISING FROM THE RIPTIDE SOFTWASH SERVICES. THE FOREGOING LIMITATION OF LIABILITY INCLUDES, WITHOUT LIMITATION, THE COST OF PROCURING SUBSTITUTE OR REPLACEMENT SERVICES, EQUIPMENT OR COMPONENTS, DAMAGES BASED ON LOSS OF REVENUES, PROFITS, OR BUSINESS OPPORTUNITIES AND SHALL APPLY WHETHER OR NOT RIPTIDE SOFTWASH HAD OR SHOULD HAVE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED AND REGARDLESS OF THE LEGAL BASIS, INCLUDING TORT, USED FOR SUCH CLAIM.

11. LIMITATION ON LIABILITY.

UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF RIPTIDE SOFTWASH TO CLIENT FOR ALL CLAIMS ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR RIPTIDE SOFTWASH EXCEED, IN THE AGGREGATE, THE TOTAL DOLLAR AMOUNT OF SERVICES CONTEMPLATED IN THE ESTIMATE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF CLIENT’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.

12. Dispute Resolution

Client agrees to first attempt to negotiate in good faith to resolve any
claim or dispute of Client that in any way concerns this Agreement or the
provision of Riptide Softwash (collectively or each individually a
“Claimâ€). Client must send a written description of its Claim to Riptide Softwash
by email to [email protected] to start the review process
with Riptide Softwash. A written description must include specific information
regarding the precise nature of the Claim, the facts giving rise to such
Claim, the desired resolution, and other facts Client deems relevant.                                                                                                                                                 Riptide Softwash shall have forty-five (45) days to investigate and respond to the
Claim. ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO
THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA
STATUTES. CLIENT AND Riptide Softwash ACKNOWLEDGE AND AGREE TO
WAIVE ANY RIGHT TO A JURY TRIAL OR PARTICIPATION AS A
PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION.

13. Service Description.
Statements or descriptions concerning the Riptide Softwash or the
Agreement, if any, by Riptide Softwash or its employees or others are
informational only and do not modify or amend or otherwise change this
Agreement. By signing this Agreement, Client acknowledges that it is has
not relied on any such statements, promises, or representations, if any,
and waives any rights or claims arising therefrom.

14. Modifications.
Except as provided in this section, this Agreement may not be modified
or changed except in writing signed by both Client and Riptide Softwash.
Handwritten changes to the Agreement or any
Addenda/Amendments thereto by Client shall not bind Riptide Softwash.

15. Assignment.
Client may not assign any rights under this Agreement without the
written consent of Riptide Softwash. Riptide Softwash may assign the Agreement at
any time without notice. Such assignment by Riptide Softwash shall not
invalidate or render void any contract between Riptide Softwash and Customer.
This Agreement shall be binding upon the heirs, successors and
permitted assigns of the parties and inure to their benefit. Any attempted
assignment in violation of the foregoing restrictions shall be void.

16. Choice of Law.
Florida law governs this Agreement without regard to principles of
conflicts of law to the extent such principles or rules would require or
permit the application of the laws of any other jurisdiction, and each Party
irrevocably submits to the exclusive jurisdiction of the federal courts of
the United States of America located in the Middle District of Florida,
Tampa Division, or the courts of the state of Florida, located in Sarasota
County, Florida, in any suit, action, or proceeding involving this
Agreement.

17. No Waiver.
Riptide Softwash’s failure to require or enforce strict performance by Client or
any provision of the Agreement or to exercise any right under the
Agreement shall not be construed as a waiver or relinquishment of Riptide Softwash’s                                                                                                                      right to assert or rely upon any such provision or right in that or
any other circumstance.

18. Counterparts & Electronic Signature(s).
The Agreement may be executed in one or more counterparts, each of
which will be deemed to be an original copy of the Agreement and all of
which, when taken together, will be deemed to constitute the same
agreement. The exchange of copies of the Agreement and of signature
pages by facsimile or .PDF transmission shall constitute effective
execution and delivery of the Agreement as the parties and may be used
in lieu of the original Agreement for all purposes. Signatures of the
parties transmitted by facsimile or .PDF shall be deemed to be their
original signatures for all purposes. Signatures and documents
electronically transmitted shall be binding and as valid as originals.

19. Severability.
If any provision of the Agreement shall be held or made invalid by a court
of competent jurisdiction, statute, or rule, or shall be otherwise rendered
invalid, the remainder of this Agreement shall not be affected or rendered
unenforceable thereby.

20. Survivability.
The provisions of this Agreement that, by their nature and content, must
survive the completion, rescission, cancelation, termination, or
expiration of the Agreement in order to achieve the fundamental
purposes of the Agreement (including, without limitation, those
provisions such as dispute resolution, disclaimer of warranties, and
limitation of damages/liability), shall so survive and continue.

21. Entire Agreement
The Agreement, including the Estimate constitute the entire agreement
concerning Riptide Softwash between the parties and supersede
all prior agreements, understandings, statements or proposals
concerning Riptide Softwash, including representations, whether
written or oral. The language contained in any purchase order, invoice,
acknowledgement form, or other ordering document or communication
from Client that is not specifically accepted by an authorized officer of
Riptide Softwash in writing shall not vary the Agreement. The parties hereby
waive all such language and agree that any such language shall not be
enforceable between the parties.

BY EXECUTING THIS AGREEMENT AND/OR RECEIVING
RIPTIDE SOFTWASH SERVICES, CLIENT ACKNOWLEDGES THAT IT
HAS READ, UNDERSTANDS, AND AGREES TO BE BOUND BY
ALL OF THE TERMS OF THE AGREEMENT,