IMPORTANT NOTICE TO CUSTOMER:
THIS AGREEMENT IS A MEMBERSHIP SERVICES CONTRACT. IT IS NOT AN INSURANCE POLICY AND DOES NOT PROVIDE INSURANCE COVERAGE. MR. RESTORE IS NOT AN INSURANCE COMPANY, AGENT OR ADJUSTER. THIS PROGRAM IS NOT REGULATED BY THE TEXAS DEPARTMENT OF INSURANCE. CUSTOMER ACKNOWLEDGES THIS BY SIGNING BELOW.
1. Agreement Overview
This Agreement (the 'Agreement') is entered into between Mr. Restore LLC, a Texas Limited Liability Company ('Mr. Restore'), and the undersigned Customer ('Customer'). This Agreement governs the terms and conditions of participation in the Mr. Restore Advantage Program (the 'Program').
2. Required Texas Contractor Disclosures
Mr. Restore is not an insurance company, agent, or adjuster and does not sell, offer, underwrite, or guarantee insurance coverage. Enrollment in the Mr. Restore Advantage Program is not a substitute for property or casualty insurance. Any benefits provided under this Program are service-based credits that may be applied only if Mr. Restore performs the work.
3. Program Description
The Program provides preventive inspection services and the ability to apply credits toward eligible repair or mitigation services performed by Mr. Restore, subject to the limitations in this Agreement. It is available in four tiers: Essential, Advanced, Elite and Commercial (Commercial being exclusive to businesses, government facilities, and/or multifamily housing units).
4. Essential Plan
The Essential Plan is a month-to-month commitment membership that includes fully covered home damage repair or mitigation services performed by Mr. Restore up to the amount spent on the subscriber’s Advantage Program continuously so long as any and all recommendations made by Mr. Restore are followed by the subscriber in the preventative maintenance efforts. Additional inclusions are as follows:
Annual Multi-Point Inspections
Thermal + moisture imaging
Plumbing, sink, and appliance checks
24/7 emergency response
Customized reporting
Mr. Restore may provide the remedies to recommendations in house, but subscribers may use any vendor of their choice for preventative recommendations only and still receive the credit amount to their loss so long as they can provide ample documentation of the recommendation being addressed.
5. Advanced Plan
The Advanced Plan is a month-to-month commitment membership that includes fully covered home damage repair or mitigation services performed by Mr. Restore up to the amount spent on the subscriber’s Advantage Program continuously so long as any and all recommendations made by Mr. Restore are followed by the subscriber in the preventative maintenance efforts.
The plan includes:
Bi-Annual Multi-Point Inspections
Thermal + moisture imaging
Plumbing, sink, and appliance checks
Antimicrobial treatment every visit
24/7 priority response
Customized reporting
Mr. Restore may provide the remedies to recommendations in house, but subscribers may use any vendor of their choice for preventative recommendations only and still receive the credit amount to their loss so long as they can provide ample documentation of the recommendation being addressed.
5. Elite Plan
The Elite Plan is a month-to-month commitment membership that includes fully covered home damage repair or mitigation services performed by Mr. Restore up to the amount spent on the subscriber’s Advantage Program continuously so long as any and all recommendations made by Mr. Restore are followed by the subscriber in the preventative maintenance efforts.
The plan includes:
Quarterly Multi-Point Inspections
Thermal + moisture imaging
Plumbing, sink, and appliance checks
Antimicrobial treatment every visit
24/7 priority response
Customized reporting
Mr. Restore may provide the remedies to recommendations in house, but subscribers may use any vendor of their choice for preventative recommendations only and still receive the credit amount to their loss so long as they can provide ample documentation of the recommendation being addressed.
6. Commercial Plan
The Commercial Plan is a 12-month minimum commitment membership that includes fully covered structure damage repair and mitigation services performed by Mr. Restore in the amount up to and not exceeding the amount spent on your Advantage Subscription continuously so long as any and all recommendations made by Mr. Restore are followed by the subscriber in the preventative maintenance efforts.
The plan includes:
Quarterly Multi-Point Inspections
Thermal + moisture imaging
Plumbing, sink, and appliance checks
Antimicrobial treatment every visit
24/7 priority response
Customized reporting
Mr. Restore may provide the remedies to recommendations in house, but subscribers may use any vendor of their choice for preventative recommendations only and still receive the credit amount to their loss so long as they can provide ample documentation of the recommendation being addressed.
Commercial Advantage Subscriptions are built on custom pricing based on square footage, amount of appliances, and other relevant factors.
7. Limitations on Use of Monthly Subscription Credits
The monthly subscription fees paid under the Mr. Restore Advantage Program shall not be applied toward the cost of correcting or repairing recommended problem areas identified during inspections, nor may they be applied to elective, voluntary, or cosmetic remodel work of any kind. Subscription credits are available exclusively for the following purposes:
Mitigation or Reconstruction Following a Covered Catastrophic Event
– Credits may be applied to offset the cost of mitigation or reconstruction services performed by Mr. Restore in response to a sudden, accidental, and catastrophic water, fire, or storm damage event at the Subscriber’s designated property.
Insurance Claim Deductible Offset
– In the event that a Subscriber files a valid insurance claim for mitigation or reconstruction services performed by Mr. Restore, accrued subscription credits (up to the amounts paid during the continuous subscription period immediately preceding the event) may be applied toward the Subscriber’s out-of-pocket deductible obligations.
For avoidance of doubt, subscription credits have no cash value, are not transferable, and reset to zero upon cancellation of the subscription. Credits do not apply to preventative maintenance, recommended repairs arising from inspection findings, upgrades, or remodeling projects that are not the direct result of a covered catastrophic event.
8. Termination and Cancellation
The Advantage Subscription may be cancelled by either party at any time with 7 days notice. Early cancellation will result in forfeiture of credits accrued. No refunds for services will be due. Accrued credit amounts do not roll over to new subscriptions in the event of cancellation and subsequent re-enrollment. No reinstatement or cash redemption is permitted.
9. Transferability of Subscription Credits
Subscription credits accrued under the Mr. Restore Advantage Program are non-transferable to any third party. A relocating Customer may request transfer of unused credits to a new property if:
The relocation is within Mr. Restore’s active service area;
The Subscriber notifies Mr. Restore in writing within thirty (30) days of relocation;
The subscription remains active and uninterrupted throughout the transfer process;
New designated property is in substantially the same condition as the previous designated property;
Mr. Restore has a chance to inspect the property within 30 days of notification.
Credits may only be applied to the new designated property after verification of eligibility and confirmation by Mr. Restore. Any relocation outside of the service area will result in forfeiture of accrued credits.
10. Warranty and Limitation of Liability
Customer understands that this agreement with Mr. Restore does not warrant or guarantee the complete prevention of water damage or home system failures. This membership is not insurance. Mr. Restore provides services “AS IS” and disclaims all warranties, express or implied, other than those expressly provided herein, including warranties of merchantability, fitness for a particular purpose or non-infringement.. Liability for any claim arising out of participation in this program is limited to the total fees paid in the preceding 12 months.
In no event shall Mr. Restore be liable for:
• Consequential, indirect, incidental, special, punitive, or exemplary damages,
• Loss of use, loss of business, loss of profits, diminution of value, or emotional distress.
Customer agrees that this limitation is a fundamental basis of the bargain.
11. Dispute Resolution and Governing Law
This Agreement shall be governed by the laws of the State of Texas. Any disputes shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its commercial rules. Arbitration shall take place in Dallas County, Texas. Judgement on the award may be entered in any court of competent jurisdiction.
Customer waives the right to jury trial and class actions.
12. Entire Agreement
This Agreement constitutes the entire understanding between the parties regarding the Program. It supersedes all prior agreements, proposals, representation, whether written or oral.
13. Customer Acknowledgment
By signing below, the Customer acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement, and understands that this Program is not insurance.