ClaimWrite, Inc. 755 Grand Blvd STE 105B-129, Miramar Beach FL 32250, (hereinafter “Consultant”) is offering this service for remote loss “Roof Recon Inspections” to the Owner of the “designated property” (“Owner”, “User”, or the “Client”). “Roof Recon Inspections” consists of photography of the residential structure(s) and other structures located at the designated property. User hereby represents that they are the Owner or duly authorized representative of the Owner of the “designated property” with authority to grant access to the property to the Consultant to perform “Roof Recon Inspection” Services. User hereby consents to field inspection for the purpose photographing the designated property and the creation of a report and photographs of the “designated property.” This agreement is intended to apply to documentation for residential homes as set forth in the pricing schedule below. ClaimWrite, Inc. is a licensee of the WriteLossTM trademark and logo which license authorizes ClaimWrite to use the WriteLossTM brand for ClaimWrite, Inc.’s remote estimating and field services business.

Consultant provides field documentation services including but not limited to, roof report generation and photography of the designated property for use by Client for the preparation of future insurance claim damage estimates of the designated property, when damaged by perils such as, but not limited to, fire, hurricanes, or floods.

Client agrees that the report and photography of the designated property shall not result in Consultant’s name being mentioned, referred to, or identified to any third parties, including any insurance company that may be involved in an insurance loss or an insurance claim. Consultant agrees to keep, and retain as confidential, any and all information provided to the consultant for purposes of scanning and photographing the property. Client agrees that Consultant shall have no involvement in any insurance claim submission, claims adjusting, or claim settlement process.

Visual Imagery – Consent to Photography, Storage and Use of Imagery of Designated Property

The undersigned owner consents to Consultant taking any photographs of the designated property for the purposes set forth in this Agreement. Owner grants Consultant a commercial license for use of the report and any photographs of the designated property in perpetuity. Consultant is providing valid consideration, the receipt of which is hereby acknowledge by the Owner in Consultant storing Owner’s s undertaking the Owner is contracting with Consultant to receive a license for use of Owner’s 3D data Imagery scans and any photographs of the designated property.

For residential inspections, a flat fee price for inspection services taking into account door-to-door travel time and time on the job as an alternative to hourly billing for the inspection services at $125.00 per hour. The following one-time flat fee inspection fee prices are agreed to:

$750.00 per inspection for all one (1) story single-family residential inspections.

$1000.00 per inspection for all two (2) story single-family residential inspections.

$1500.00 per inspection for all three (3) story single-family residential inspections.

$1500.00 per inspection for commercial structures up to 50 squares.

$3000.00 per inspection for commercial structures exceeding 50 squares, but not exceeding 100 squares.

$4000.00 per inspection for commercial structures exceeding 100 squares, but not exceeding 150 squares.

$5000.00 per inspection for commercial structures exceeding 150 squares, but not exceeding 200 squares.

Anything above 200 squares will be on a fee quotation and approval of the fee for the inspections to be scheduled.

Payment of inspection fee shall be due upon purchase.

INSPECTION SCHEDULING

Client shall coordinate with ClaimWrite’s Director of Operations – Suzanne Fox – suzanne@writeloss.com, 561-504-9527, on all logistical matters involving the scheduling of the inspection of the designated property. Owner shall be responsible to ensure that Suzanne Fox has the Owner or their representative’s contact information so the inspection can be scheduled. ClaimWrite shall have no liability for not being able to meet this schedule. If a WriteLoss/ClaimWrite inspector is present and Client or Owner is not available to grant access to the premises, Client shall be responsible for payment of one-half of the documentation fee to cover Consultant’s cost in having their inspector to be present for the inspection.

Consultant shall use its best efforts to deliver photographs and other media within twenty-four (24) to forty-eight (48) hours of completion of each inspection for residential properties. Commercial properties Consultant shall use its best efforts to deliver photographs and other media within seventy-two (72) to ninety-six (96) hours of completion of each inspection for commercial properties. Consultant will use its best efforts to complete the documentation in the targeted period, but the time period may be extended if the documentation staff needs additional details from the client or any third party involving any of the property to be documented. Consultant’s work shall be complete upon the delivery of the photographs and any other media.

Payments for Roof Recon Inspections shall be via credit card.

Consultant shall safeguard client’s credit card information, and consultant shall process the credit card for the amount of Consultant’s documentation services invoice immediately, as set in this agreement. Payments shall be processed for all documentation services upon checkout.

Limitations of Remedies to dispute credit card charges - Client shall have five (5) days from the date of an invoice to dispute any invoice for which a payment has been processed via credit card with the client’s bank or credit card processer. Client acknowledges that Consultant is releasing Roof Recon Inspections media to the client in exchange for the payment billed and charged the credit card on file with the Consultant as the charges billed for the estimate. Client agrees that after five (5) days from the Consultant issuing an invoice and processing payment to the client’s credit card on file, and releasing the Roof Recon Inspection media to the Client, that it shall no longer have the right to dispute the credit card charge for that specific invoice with the client’s credit card issuer or any credit card processer. Client agrees that Client’s sole remedy regarding any dispute regarding any amount charged to credit card for any charges due under this agreement shall be for the Consultant to make corrections to the Roof Recon Inspection media that are alleged to be deficient or to receive a credit from the Consultant for any amount incorrectly billed, which credit shall be applied to the Client’s next invoice.

Client may cancel an order; however, client agrees to pay Consultant for all services rendered through the time of the cancellation of the order.

Client represents to the Consultant that client is not engaged in unlicensed public adjusting and that Client shall not adjust its own insurance claim and in doing so mention or refer to Consultant as being in any way involved in Client adjusting its own claim. Client agrees to indemnify Consultant against any claims or charges alleging that Client or Consultant, through its work for Client, is engaged in unlicensed public adjusting including any fines, attorney’s fees and any costs incurred in defending any such claims raised or brought against Consultant. Client further agrees to be responsible for Consultant’s time and expense in responding to any subpoena involving Consultant’s work as an expert witness or otherwise.

Consultant shall not be liable for delay damages, nor shall Client have any claim against consultant arising in tort for negligence or other claims based upon Consultant’s services being performed under this agreement including but not limited to any delay damages claims. Client agrees its sole remedies against Consultant shall be for breach of contract and the Client’s remedy is limited to the amount being charged under the Roof Recon Inspection Services charge and/or Matterport storage charges (paid by the Client) as the true and correct measure of Client’s damages for any breach of the contract. Client and consultant further agree that neither party shall be entitled to recover consequential damages, lost profits, loss of opportunity, or any other type of damages in tort, including negligence claims or otherwise. Client agrees its sole remedy shall be for breach of contract and Client’s damages shall be limited to breach of contract damages excluding consequential damages.

Either party may terminate this contract with notice to the other party provided via email. In the event of termination of the contract by either party, all work for which compensation is due under the terms of this contract shall be immediately due and payable by the Client to the Consultant under the terms of and in accordance with the terms of this agreement.

This Application is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Service will create any warranty not expressly stated herein.

Without limiting the foregoing, the Consultant, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users’ requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Service.

The Consultant does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and the Consultant shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or services.

The Service may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.

Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.

To the maximum extent permitted by applicable law, in no event shall the Consultant and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or User account or the information contained therein; any errors, mistakes, or inaccuracies of content; personal injury or property damage, of any nature whatsoever, resulting from arising out of or related to the video, whether caused by the negligence of Consultant or otherwise. or from the lack of User access to or use of the Service; any unauthorized access to or use of the Consultant’s secure servers and/or any and all personal information stored therein; any interruption or cessation of transmission to or from the Service; any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Service; any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Consultant, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Consultant hereunder in the preceding twelve (12) months, or the period of duration of this agreement between the Consultant and User, whichever is shorter.

This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

The Client agrees to defend, indemnify and hold the Consultant and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from Clients’s use of and access to the Service, including any data or content transmitted or received by Client; Client’s violation of these terms, including, but not limited to, Client’s breach of any of the representations and warranties set forth in these terms; Client’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; Client’s violation of any statutory law, rule, or regulation; any content that is submitted from Client’s account, including third party access with Client’s unique Client name, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; Client’s willful misconduct; or statutory provision by Client or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

The Client’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

To ensure the best possible service level, the Consultant reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Client appropriately.

Within the limits of law, the Consultant may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Consultant will cooperate with Client to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Consultant’s reasonable control, such as “force majeure” (e.g. labor actions, infrastructural breakdowns or blackouts etc.).

Commercial License to Use Reports and Photographs of Designated Property 

Consultant is receiving a commercial license to use the Reports and Photographs of the Designated Property for promotional purpose in perpetuity. Client grants the Consultant an exclusive, worldwide, sublicensable, transferable, royalty free license to all media clips produced during the course of the contracted work as it relates to the Consultant’s promotional use. 

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Consultant or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Consultant or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

The Consultant reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Consultant will appropriately inform the Client of these changes.

Such changes will only affect the relationship with the Client for the future.

The continued use of the Service will signify the Client’s acceptance of the revised Terms. If Client do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms may entitle either party to terminate the Agreement.

The applicable previous version will govern the relationship prior to the Client 's acceptance. The Client can obtain any previous version from the Consultant.

If required by applicable law, the Consultant will specify the date by which the modified Terms will enter into force.

In the event of non-payment, Client agrees to pay Consultant’s reasonable attorney’s fees including cost incurred in a pre-suit capacity (demand letters and any other collections efforts) and for the filing of the suit, up to and including trial (and appeal).

Client agrees to and consents to jurisdiction in Broward County, Florida and agrees that Florida law applies to this contract.