In this SERVICE AGREEMENT, Restoration General Contractors, LLC (herein called us, we or our) and You, the Property owner
(herein called you, your and ours), agree to the following:
We agree to inspect the property(s) listed below and act as your General Contactor of record to discuss and develop the full scope of damage to your property AT NO COST to you. In addition, we will provide you with the following “Services”:

1. Travel to and from your property at the address listed below, as needed, to perform inspections and a damage assessment on the roof(s)/buildings(s) believed to be damaged;
2. Provide the equipment (including safety equipment) necessary to conduct a full inspection and evaluation of all damage to your roof(s)/building(s);
3. We will perform an assessment to identify all damaged building materials reasonably discernable from a visual inspection and the extent of said damage;
4. Access weather and satellite data, on weather related claims, to document the potential cause(s)of your loss and damage;
5. Determine a reasonable method of repair for all roof(s)/building(s) that will meet applicable building codes and acceptable industry standards;
6. Create an estimate for the required scope of work at a fair market price to return the property to its pre-damaged condition at acceptable industry standards;
7. Present the damaged property that we find to your insurance adjuster or appraiser, answer any questions that they may have regarding our scope of work or estimate of damages; and answer any technical questions they may have regarding our recommended method of repair;

1. In consideration for us acting as our General Contractor of record for the property listed above and assisting you in the acquisition of adequate funds to perform all the work necessary to properly repair/replace your damaged property, you expressly agree to enter into a Construction Agreement with us to hire us to perform said work, defined elsewhere herein as the Final Scope of Work, AS SOON AS FEASABLE after the recovery payment covering this Work has been made to you, or another source of payment has been identified and confirmed;
2. You agree to forward to us all pertinent correspondence between you and your insurance carrier regarding scope of work and pricing of your claim, and
3. You acknowledge we are acting as your General Contractor on this project, and as such will be entitled to General Contractor’s Overhead and Profit.
4. You agree that you have received a copy of, read, understand and agree to all the terms and conditions in the Service Agreement.

ACCEPTANCE OF AGREEMENT
By signing this Agreement, you agree that you have received, read, understand and agree with sections A-H, on the reverse of this document, made a part of this Agreement by reference. Furthermore, you acknowledge receipt of a completed and signed copy of this Agreement. IN WITNESS WHEREOF AND INTENDING TO BE LEGALLY BOUND, the parties have executed this Agreement as of the date written below. This Agreement may be withdrawn by u if not accepted by you within seven days of our signature below. You and we agree that we will perform the agreed work and provided the services listed above, per the terms specified in this Agreement upon confirmation of an adequate source of payment for said Work.
IF THE FINAL OUTCOME OF YOUR CLAIM WITH YOUR INSURANCE CARRIER IS A DENIAL OF CLAIM, OR IF THERE IS NO INSURANCE RECOVERY FOR THE ROOF, THEN THIS AGREEMENT SHALL BE NULL AND VOID.
A. OUR SERVICES: You understand and acknowledge that we will be investing a considerable amount of time and expertise to accomplish, for your benefit, the services described herein. This will likely include multiple visits to inspect the Property, multiple meetings and phone calls with your carrier’s claims adjuster and others, including appraisers, engineers, and attorneys. As such, you recognize and acknowledge the intrinsic value of these services.
B. FINAL SCOPE OF WORK: The Final Scope of Work shall be the final complete scope of identified work necessary to restore your property to its pre-damaged condition. The scope of work will include all legitimate damage identified and authorized by your insurance carrier, whether through your or a public insurance adjusters negotiation, the appraisal process, mediation, arbitration, or an attorney, plus all additional changes in and additions to the work requested by you or required as a result of the code upgrades or OSHA requirements, to properly complete the work using regional methods of repair, including repair or replacement of all legitimate building components. If your insurance carrier omits any legitimate and reasonable building components and/or the labor necessary to perform all the work required by industry standards and/or building code and/or OSHA requirements, or has mis-measured the damage or building components, you commit to taking all legal steps necessary to correct these deficiencies, including having your claim independently appraised and/or litigated. In the event you invoke the appraisal process or litigate, then the repairs and costs necessary to complete those repairs as identified in the final estimate for that work shall become The Final Scope of Work.
C. CONTRACT PRICE: The Contract Price shall be the maximum amount allocated for replacement cost approved by your insurance adjuster, whether obtained through your claims adjuster, through a public insurance adjuster’s negotiation, through the appraisal process, or an attorney, along with the agreed upon cost of all additional changes in and additions to the work requested by you or required as result of code upgrades or OSHA requirement. In the event we cannot agree on the cost of such additional work, you agree to pay the reasonable cost for said work.
We base our estimate to repair/replace your damaged property on the most current Xactimate (hereinafter referred to as the “Software”) at the time that any given trade is completed, without manipulation of the price database. In the event an item of repair is not available in the Software’s price database, or your insurance carrier refuses to indemnify you for the full scope of necessary repairs and the reasonable costs associated therewith, or attempts to manipulate the price database, otherwise refuses to agree to pay the fair market pricing outlined in the Software, or omits the general contractor’s overhead and profit from your claim settlement, you commit to taking all legal steps necessary to secure payment for the full scope of the work and services, including having her claim independently appraised and/or litigated. In the event that you have your claim independently appraised, or initiate litigation to resolve your claim, then the amount of the award/judgment shall become the Contract Price.
You agree that any portion of work, property damage, applicable deductibles, betterment, depreciation (whether recoverable or not), any applicable co-insurance contribution required by your carrier, upgrades, additional work requested by you, and/or code upgrades/OSHA compliance not covered by your insurance carrier will be included in the Contract Price, and must be paid to us out of your own separate funds as part of The Final Scope of Work.
In accordance with Georgia insurance code 4102.163, you understand and acknowledge that we are not public insurance adjusters and do not provide public insurance adjusting services. Any professional fees that you incur, including but not limited to hiring an Engineer, Public Insurance Adjuster, Attorney or Appraiser to represent you are yours to pay exclusively. The terms of payment and work schedule will be described in detail in the Construction Agreement.
D. OUR RESPONSIBILITY: We agree to perform the duties described in the section titled Our Commitment to You. We are not responsible or liable for the safety and health persons present at the job site who are not our employees or subcontractors, and you waive any rights you might otherwise have to assert any type of liability claim against us for injury sustained by you your property or anyone at the property not subject to our control.
E. YOUR RESPONSIBILITY: You warrant that you are the legal title holder(s), or an agent of legal title owners of the property where the loss occurred. You certify that your property insurance policy is and will remain valid and in force until completion of the Final Scope of Work. Certificates of insurance shall be provided to us if we request it in writing. Once the Final Scope of Work and Contract Price, as defined above, have been determined, you expressly agree to enter into a construction contract with us (hereinafter referred to as the Construction Agreement shall include any and all general contractor’s overhead and profit.
You/Your agent authorize(s) us access to enter your property to perform the work and services described in the section titled Our Commitment to You. Should you become aware of any damage to your property you believe was caused by us, our subcontractors, agents or employees during the course of our evaluation of your property, you agree that you are obligated to bring this damage to our attention within 5 days of your discovery of such damage. If you fail to timely notify us of said damage, all rights against us concerning said damage are waived. Additionally, any loss of productivity experience by us due to interference by you or at your direction may result in an additional charge.
F. DELAYS AND/OR CANCELLATION: In the event that you delay entering into the Construction Agreement with us, hiring us as your General Contractor of record, or cancel this contract without legal excuse, you acknowledge and expressly agree that we will suffer lost profits in amounts that cannot presently be ascertained. As such you agree that (30%) of the Contract Price, as defined in this agreement, would be reasonable compensation as liquidated damages, but not as a penalty, to compensate us for the financial loss your termination of this contract will cause. However, you shall have (100%) credit for any liquidated damages once you have us perform the work under the general Construction Contract and make full payment for that work within (360) days of the final settlement, suit or award, and receipt of any payment from your insurance company.
G. DISPUTE RESOLUTION: The parties agree that any claim or controversy, arising out of or relating to this agreement or any alleged breach thereof, shall be determined by binding arbitration the County/Parish in which the property is located. The arbitration shall be administered under the Rules of American Arbitration Association. Any award of the arbitrators is final and binding, and may be entered as a final judgment in any court having jurisdiction thereof.
H. MISCELLANEOUS: We shall not be obligated to continue work hereunder in the event you breach any term or condition hereof. You acknowledge that we have no obligation to, and do not agree to, indemnify or hold you harmless for any damage to persons or property, except to the extent that such damage is the direct result of our negligent error or omission occurring during performance of the work. This agreement is intended to bind both parties and those who succeed our interests. This agreement and all applicable warranties shall not be assigned except by or with our written permission. In case any one or more of the provisions contains in this agreement is determined to be invalid, illegal, or unenforceable in any respect, such provision shall be modified to the minimum extent necessary to make it a valid and enforceable provision. To the extent it cannot be so modified, the agreement shall be construed as if such invalid, illegal, or unenforceable provision(s) had never been contained herein. This Service Agreement represents the complete and final agreement as to any of the terms contained within it and supersedes all previous agreements or understanding between us. Our failure to enforce any right under this agreement with you shall not be construed as a waiver of any other right to enforce the same or any other right, term, or condition. This agreement may not be amended, modified, or otherwise changed except as mutually agreed in writing, executed by both parties. This agreement shall be binding on and inure to the benefit of each of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. The headings and captions contained in this agreement are for convenience of reference only and are not determinative nor are they considered in the construction or interpretation of any of the items, terms, conditions, or provisions hereof.