(530) 587-6138

TERMS OF SERVICE

I AGREE THAT BY USING CHEM-DRY’S SERVICES, I AM BOUND TO THESE TERMS OF SERVICE:

Thank you for choosing Beauchamp Enterprises, a California corporation dba Chem-Dry of Lake Tahoe Truckee and Chem-Dry of Reno (“Chem-Dry”, “we”, or “our”). By engaging Chem-Dry to perform Services for you, you represent that you have read and agree to Chem-Dry’s Terms of Service (the “Terms”) outlined below. These Terms apply to all services and treatments provided to you by Chem-Dry (“Services”). Please read these Terms carefully; they affect your legal rights.

Effective Date. These Terms are effective as of April 27, 2024, and cover all Services provided by us on or after this date. We may replace or amend these Terms from time to time, and at any time, and upon replacement or amendment of these Terms, the updated Terms shall apply to all Services provided by us from the date of the update forward.

Payment Terms and Late Fee. You are responsible for the immediate payment of the balance due on your invoice. The balance due is calculated based on your authorization of the Services as listed on the invoice. Any payments received more than fifteen (15) days after the date of the invoice will be charged a $25.00 late fee. Interest on unpaid balances, including any late fee, will accrue at the rate of 1.5% per month, compounded monthly. Payments may be made directly to a Chem-Dry representative or by calling the phone number above.

No Warranty or Guarantee. All Services are provided in good faith. We use the best available commercially reasonable techniques when restoring, refurbishing, or cleaning your property, use disinfectant products and protective layers in accordance with label instructions, and take measures recommended by the product manufacturer to avoid damage to your property. That said, all Services are provided on an as is basis with no guarantee of any specific result. We do not warrant or guarantee that the methods and products used will (i) fully restore or refurbish any personal property (including, but not limited to, carpet, furniture, and stairs), or (ii) kill/eliminate all harmful mold, pathogens, viruses and bacteria in the Service area. We cannot and do not guarantee that long-standing stains will be completely removed or significantly improved, nor do we guarantee that 100% of stains or odors will be removed. We disclaim any and all other warranties, express or implied.

Fees & Penalties. By engaging Chem-Dry to perform Services, you agree that Chem-Dry may invoice you $200.00 per incident listed below (the “No Show Fee”), we may automatically charge your card credit on file with us for the same, and you will need to reschedule your appointment with us in the following situations:

NO PERMISSION TO ENTER: If you are not present to let us onto the property and we have not received permission to enter the property without you present, we will not perform the Services and will charge the No Show Fee.

FAILURE TO PREPARE SPACE: In order to get the most out of your cleaning, you must move furniture, pick up laundry, and remove clutter from the Service area. We will not declutter the area prior to performing Services. If the area is too cluttered, we will not perform the Services and will charge the No Show Fee.

UNATTENDED PETS. Unattended animals create risks for everyone. If animals are not adequately contained or put away prior to the Services, we may refuse to perform Services and will charge the No Show Fee.

THIRD PARTY OCCUPANTS: We may not be able to perform Services if there are third parties occupying or working in the Service area, such as contractors, handypersons, tenants, or customers. We cannot “work around” such persons, and if such persons are present in the Service area we will not perform the Services and will charge the No Show Fee.

SNOW REMOVAL: If the property private drive, driveway, walk-ways, entryways, stairs, decks, or other access routes we need to provide the Services are not cleared of snow, we will charge the No Show Fee and use our discretion as to whether we can provide the Services.

Risks Associated with Cleaning. By engaging Chem-Dry to perform Services, you accept responsibility for, and release us from liability for, the following non-exhaustive list of risks associated with your selected Services:

RISKS FOR CARPETS AND TILES: Shrinkage or stretching; fugitive or migrating dyes; materials that bleed; bleach spots, sun, or other forms of fading; color or texture changes; ripped or torn materials; permanent discoloration or stains; detergent or spotter damage or residue; odor changes; abnormal reactions to the cleaning agents; discovery or increased visibility of pre-existing damage, and loosening or cracking of grout.

RISKS FOR PET OR HEAVY STAINS: Stains may become brighter, more odorous, and stains which were not initially visible may become visible.

RISK FOR WATER BASED SOLUTIONS: As with any aerosol spray, droplets may travel and land beyond the intended area of application and may leave residue or stains.

RISK FOR RETURN OF MOLD: Harmful mold, pathogens, viruses and bacteria in your home or business may not be fully removed, and may also return.

BY CONFIRMING YOUR APPOINTMENT, YOU ACCEPT AND AGREE THAT THE SERVICES CARRY RISKS OF PERMANENT DAMAGE, SOME BUT NOT ALL OF WHICH ARE OUTLINED ABOVE, YOU ARE PROCEEDING WITH THE SERVICE AFTER UNDERSTANDING AND ACCEPTING THESE RISKS, AND YOU RELEASE CHEM-DRY FROM ALL LIABILITY FOR DAMAGE THAT MAY RESULT FROM SAID RISKS.

Unattended Entry. If you are not home and you or your agent direct us to access the property anyways, you expressly relieve us from any liability whatsoever from damages or losses related to or arising out of lost, stolen, damaged, or missing property unless you can prove that we caused the same by clear and convincing evidence of our gross negligence or willful misconduct.

Waiver. By engaging Chem-Dry to perform Services, you expressly relieve us from any liability whatsoever from damages or losses related to or arising out of agree that Chem-Dry’s liability for the Services shall be limited to the fee actually paid and received by Chem-Dry. You are aware of the possibility of damage or the loss of use of your residence, business or any property contained therein and you waive any and all claims for consequential, exemplary, special or incidental damages for the loss of the use of your residence, business, or any property contained therein.

Release of Liability and Indemnity. You hold Chem-Dry, its employees, and agents harmless from any accident, damage or liability which occurs at your address before, during or after the Services that is not directly caused by our grossly negligent or willful misconduct. You agree to indemnify Chem-Dry, its employees and agents from any accident damage or liability which occurs at your address before, during or after the Services that is not directly caused by our grossly negligent or willful misconduct.

Dispute Resolution. Any claims and disputes that arise under these Terms or Services that fall into the jurisdiction of the Small Claims Division of Nevada County, California (for California Services) or Washoe County, Nevada (for Nevada Services) (“Small Claims Division”) may be resolved in the Small Claims Division and are not subject to mandatory arbitration. All other claims and disputes arising under these Terms or Services performed by Chem-Dry shall be settled by binding arbitration. Any decision or award as a result of the arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include an assessment of costs and expenses. The arbitration shall be conducted on a confidential basis by an arbitrator experienced in the professional cleaning industry. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. You have had a full opportunity to review this provision, and you agree and understand that by engaging Chem-Dry to perform services, that you are giving up your judicial and appeal rights as stated herein.

Severability, Governing Law, and Venue. The Terms outlined in this document contain disclaimers, releases, waivers, and indemnity provisions. The Terms are severable and if any clause is found to be invalid, the balance of the release will remain in effect, valid, and enforceable. I agree that any action in law or equity, that may be brought notwithstanding the dispute resolution procedure above, will be brought exclusively in Washoe County, Nevada. Any disputes will be subject to and determined under the laws of Nevada.

Miscellaneous Provisions

These Terms, including and together with any pages and invoices, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. No amendment to these Terms is effective unless it is in writing and signed by both parties. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from these Terms shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. These Terms benefits solely the parties hereto and their respective permitted successors and assigns and nothing herein, express or implied, confers on any other person any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

Acceptance of Terms by Chem-Dry Performance. By confirming your appointment and allowing Chem-Dry to perform Services, you agree to the Terms outlined in the paragraphs above. You understand that there are certain risks associated with professional cleaning. If you do not agree to these Terms, you should not use Chem-Dry’s Services.

I UNDERSTAND AND AGREE THAT BY USING CHEM-DRY’S SERVICES, I AM BOUND TO THESE TERMS OF SERVICE, AND THAT THESE TERMS AFFECT MY LEGAL RIGHTS.

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