Legal Policies

Rev. 2 - Attorney Amended

Membership legal policies for residential and commercial programs.

This page summarizes the current legal structure behind Earlimon Capital Improvements memberships, including Business Hours definitions, minor-maintenance scope, exclusions, reporting obligations, and conspicuous limitation-of-liability language.

Home Care Commercial

Residential Agreement

Legal note

Final execution copies should still be reviewed by a licensed Texas attorney before client signature.

Residential Program

Homeowner Membership Agreement - Rev. 2

Rev. 2 adds explicit Business Hours, a clearer minor-maintenance examples table, and a conspicuous limitation-of-liability section intended to satisfy Texas notice standards.

Texas governing law Roofing excluded Business Hours defined Liability cap added

Section 01

Definitions and scope of services

Company: Earlimon Capital Improvements LLC.
Member / Client: The enrolled homeowner paying for the selected membership tier.
Inspection: A visual, non-invasive review of accessible remodeling and maintenance conditions.
Minor Maintenance Service: A small task requiring no specialized materials, usually within two Business Hours and within the defined value threshold.
Business Hours: Monday to Friday 8:00 AM to 6:00 PM CT and Saturday 8:00 AM to 4:00 PM CT, excluding Texas and Federal holidays.
Health Report: The digital findings report with photos, notes, and condition ratings after each visit.

Section 02

Enrollment, payment, and discount clawback

Payment direction

Payments must be directed to Earlimon Capital Improvements LLC, not to any individual personally.

Membership activates only after the first payment is received and confirmed.
Monthly plans renew on the same billing cycle. Annual plans are prepaid and generally non-refundable after the first inspection.
If a discounted project is used and the member cancels before the minimum participation period, the savings difference may be invoiced back.

Section 03

Business Hours and scheduling priority

Scheduling only

Residential 24-hour and 48-hour promises apply to scheduling confirmation, not guaranteed same-day repair completion.

Day / period	Hours (CT)	Requests accepted?	Priority timer
Monday - Friday	8:00 AM - 6:00 PM	Yes	Runs upon receipt
Saturday	8:00 AM - 4:00 PM	Yes	Runs upon receipt
Saturday after 4:00 PM	Closed	No	Resumes Monday 8:00 AM
Sunday / holidays	Closed	No	Resumes next business window
Weather emergency	Suspended	Conditional	Resumes when safe

Section 04

Inspection scope and exclusions

Visible plumbing fixtures, accessible HVAC filters and ducts, interior surfaces, doors, windows, and visible flooring issues may be reviewed.
Inspections do not include concealed defects, electrical diagnostics, engineering, mold testing, hazardous-material analysis, or destructive investigation.

Absolute roofing exclusion

The roofing system is completely excluded from residential membership inspections, repairs, and assessments.

Section 05

Minor maintenance examples

Rev. 2 adds a non-exhaustive examples table so members can see what typically qualifies and what clearly does not.

Task	Usually qualifies?	Reason
HVAC filter replacement	Yes	Short task, standard stock, low material cost.
Weatherstripping replacement	Yes	Simple labor, standard materials.
Toilet flapper replacement	Yes	Usually under the time and value threshold.
Water heater replacement	No	Licensed specialty work and cost beyond minor-maintenance scope.
HVAC refrigerant service	No	Licensed HVAC work outside membership maintenance scope.

Section 06

Reports, ratings, and deferred repairs

Reports should be delivered within 72 hours and treated as a dated record of property condition.
If a repair-needed condition is documented and the repair is declined, responsibility for resulting deterioration remains with the member.
Delivery acknowledgments and estimate decisions should stay tied to the member file.

Section 07

Conspicuous limitation of liability

Texas conspicuousness notice

The total liability of Earlimon Capital Improvements LLC under the residential agreement should not exceed the membership fees paid by the member during the 12 months immediately preceding the claim.

Indirect, incidental, consequential, punitive, or speculative damages are excluded to the extent permitted by Texas law.

Section 08

Disputes, governing law, and execution

Pre-litigation mediation should occur in Harris County, Texas before formal suit.
Texas law governs the agreement and venue should remain in the agreed Texas county structure.
The signed agreement, reports, and related estimate history should be delivered to the member and retained in company records.

Commercial Program

Commercial Property Maintenance Agreement - Rev. 2

The commercial revision focuses on Business Hours, access obligations, minor-maintenance clarity, and a conspicuous liability cap tied to contract fees and property reporting practices.

12-month term Unit-based pricing Business Hours defined Liability cap added

Section 01

Parties, property, and Business Hours

Client: The owner, HOA board, manager, or authorized representative signing the agreement.
Property: The commercial or multi-unit property defined in the property profile and service exhibits.
Authorized Contact: The person responsible for access, scheduling, reports, and payment coordination.
Business Hours: Monday to Friday 8:00 AM to 6:00 PM CT and Saturday 8:00 AM to 4:00 PM CT, excluding Texas and Federal holidays.

Section 02

Term, pricing formula, and payment rules

Commercial pricing formula

Monthly fee = base fee + (total units or rooms x per-unit rate), with annual prepaid discounts documented in the agreement.

The initial term is 12 months and typically renews unless the required notice is given.
Unit-count changes should be disclosed so pricing can be updated in writing.
Commercial payments should be directed to Earlimon Capital Improvements LLC and may suspend service if materially late.

Section 03

Business Hours, scheduling, and access duties

Day / period	Hours (CT)	Requests accepted?	Priority timer
Monday - Friday	8:00 AM - 6:00 PM	Yes	Runs upon receipt
Saturday	8:00 AM - 4:00 PM	Yes	Runs upon receipt
Saturday after 4:00 PM	Closed	No	Resumes Monday 8:00 AM
Sunday / holidays	Closed	No	Resumes next business window
Weather emergency	Suspended	Conditional	Resumes when safe

Access denial rule

If the client does not provide access to an in-scope area, that area should be treated as uncovered for that visit and the resulting risk remains with the client.

Section 04

Service scope and exclusions

Commercial scopes should identify whether service applies to common areas, individual units, or both.
Electrical diagnostics, engineering, hazardous-material analysis, destructive testing, and pool chemical management remain outside scope.

Absolute roofing exclusion

The roofing system remains completely excluded from commercial inspections, assessments, and repairs under this program.

Section 05

Commercial minor-maintenance examples

Rev. 2 adds clearer examples so operators, boards, and managers can distinguish included small tasks from specialty or replacement work.

Task	Usually qualifies?	Reason
Standard HVAC filter replacement	Yes	Short task with standard materials.
Caulk resealing in one bathroom or unit	Yes	Within basic labor and materials threshold.
Cabinet adjustment or fixture remount	Yes	Small labor item without specialty procurement.
Toilet replacement	No	Replacement scope with higher cost and longer labor.
HVAC refrigerant or compressor service	No	Licensed technical work outside commercial maintenance allowance.

Section 06

Reports, deferred repairs, and legal record

Reports should identify building, site, unit or room reference, photo evidence, and repair-needed findings.
If a repair-needed condition is documented and the repair is declined, resulting deterioration risk remains with the client.
Commercial reports should be retained as a property record for board, owner, and operational review.

Section 07

Conspicuous commercial liability cap

Texas conspicuousness notice

The total liability of Earlimon Capital Improvements LLC under the commercial program should not exceed the contract fees paid by the client during the 12 months immediately preceding the claim.

Indirect, incidental, consequential, punitive, regulatory, tenant-displacement, or lost-income damages are excluded to the extent permitted by Texas law unless directly caused by gross negligence or willful misconduct where applicable.

Section 08

Termination, disputes, and execution

Commercial agreements usually include renewal notice periods, early termination consequences, and late-payment default rights.
Mediation should occur before litigation, with Texas law and the agreed venue structure controlling the contract.
Executed copies, property profile details, scope schedules, and pricing exhibits should be delivered and retained with the contract record.

Full Contract Text

Complete membership terms

The summary above outlines the structure. Below is the full text as it applies to residential and commercial memberships.

Legal Information

Rev. 4 - Attorney Reviewed

Important terms should be visible before anyone joins.

These terms govern both Residential and Commercial membership plans. Rev. 4 reflects the latest attorney amendments: updated forfeiture policies, Stripe authorization for commercial accounts, expanded service task tables, shared indemnification and warranty terms, and a comprehensive licensed-trade exclusions section.

Before Enrollment

What every client should know up front.

These summaries are adapted to the way Earlimon Capital Improvements actually runs membership services: visual inspections, documented findings, repair estimates, explicit exclusions, and legally clearer response windows.

Full agreements are issued and signed during onboarding.
Reports, deferred-repair decisions, and delivery acknowledgments become part of the service record.
Roofing, concealed conditions, and licensed specialist work remain outside membership scope.
Priority response windows are measured in Business Hours, not calendar time.
Governed by Texas law — mandatory mediation then AAA binding arbitration.

Read Full Legal Policies Request Program Review Ask a Legal Question

Contents — Residential

Plan Overview & Pricing Payment & Billing Scheduling Priority Appointment & Access Inspection Scope Service Examples Health Reports Liability Cap Dispute Resolution

§ 1 Membership Plans & Pricing ▾

Homeowner Membership Agreement — Terms, Conditions & Legal Policies · Rev. 4

Basic $99/mo 1 annual inspection - 5-day scheduling

Plus $129/mo 1 annual inspection - 48-hour scheduling

Premium $179/mo 2 inspections/year - 24-hour scheduling

Annual Discount: 10% off when paid upfront. Non-refundable after first inspection.
Activation: Membership activates upon receipt and confirmation of first payment.
Visit Cadence: Basic and Plus include 1 annual full-home inspection per membership year. Premium includes 2 scheduled inspections per membership year. Unused included visits expire at the end of the active membership term and do not roll over.
Additional-Cost Services: Basic +$100 - Plus +$60 - Premium included. Scheduled as independent visits and do not consume the included annual visit allocation.

§ 2 Payment, Billing & Cancellation ▾

Accepted Payment Methods

Zelle, personal check, or cash. All payments must be directed to Earlimon Capital Improvements LLC — payments made to any individual's personal name will not be accepted.

Late Payment & Suspension Schedule

Days 1–5

Normal payment window. No penalty.

Day 6

Flat late fee of $9.00 assessed on all plans. Constitutes liquidated damages.

Day 8

All membership benefits suspended immediately — including priority scheduling — without further notice. Suspension is not cancellation; fees continue to accrue.

Cancellation Policy

Monthly Plans: 30 days written notice via email to earlimoncp@gmail.com. Verbal cancellations not valid. Fees continue during the notice period.
Annual Plans: Strictly non-refundable after first inspection. If cancelled before first inspection and within 30 days of payment, full refund issued within 15 business days.
Discount Clawback: If a project discount (10% Plus / 15% Premium) is applied and membership is cancelled before 6 consecutive months, the full monetary difference is invoiced and due within 15 days.

Termination for Cause

The Company may terminate immediately without notice for: harassment or threats toward personnel; repeated out-of-scope demands; non-payment beyond 8 days; material misrepresentation of property conditions; or safety risks to Company personnel. No refunds on prepaid fees.

§ 3 Scheduling Priority & Business Hours ▾

⚠ Important Clarification The scheduling commitment is for confirmation only — not completion of the repair or maintenance task. Complex repairs may require additional lead time.

Basic Plan: Scheduling confirmation within 5 Business Days of request.
Plus Plan: Scheduling confirmation within 48 Business Hours.
Premium Plan: Scheduling confirmation within 24 Business Hours.

Business Hours (Central Time)

Monday–Friday: 8:00 AM – 6:00 PM CT
Saturday: 8:00 AM – 4:00 PM CT
Sunday & Federal Holidays: Closed — requests carry over to next business day 8:00 AM
Hurricane / Weather Emergency: Services suspended per NWS declaration; resume when safe

§ 3-C Appointment & Access Policy — Forfeited Visits ▾

Member must provide clear, unobstructed access at the scheduled service time. Member must be present or designate an adult representative (18+).

Forfeited Visit — Definition

Access Denied: Technician unable to enter premises at scheduled time for any Member-related reason.
Excessive Delay: Service start delayed more than 15 minutes beyond scheduled time due to Member-related issues.
Unsafe Conditions: Service area found unsafe or obstructed due to conditions within Member's control.

A Forfeited Visit counts toward the included annual visit allocation. Member will be notified by email within 1 Business Day. One complimentary reschedule may be requested within the same active membership term if the forfeiture resulted from a documented emergency, submitted within 24 Business Hours.

Cancellation & Rescheduling

Timely Cancellation: Written notice at least 24 Business Hours before appointment — no penalty, visit may be rescheduled.
Late Cancellation: Less than 24 Business Hours notice — treated as Forfeited Visit.
Repeat Forfeitures: 2+ in one billing period = written warning. 3+ in any rolling 3-month period = grounds for suspension or termination for cause.

§ 4 Inspection Scope — Visual & Non-Invasive Only ▾

⚠ Critical Notice ALL INSPECTIONS ARE STRICTLY VISUAL AND NON-INVASIVE. The Company does not inspect areas concealed within walls, ceilings, floors, or foundations. No destructive testing, electrical diagnostics, mold/asbestos testing, or structural engineering assessments are performed.

Areas Covered (Visual Only)

Kitchen & Bathrooms: Visible plumbing, faucet operation, drain condition, caulk/grout integrity, fixture mounting
Home Systems: Water heater exterior, HVAC filter condition, accessible ductwork, visible plumbing lines
Interior Surfaces: Drywall condition, ceiling stains, paint condition, trim and molding integrity
Doors & Windows: Operation, hardware, weatherstripping, frame integrity
Flooring: Visible surface condition and moisture damage indicators where visible
Accessible Exterior: Siding, soffit, fascia, visible foundation areas reachable without ladders

⚠ Absolute Exclusion — Roofing ANY inspection, access, repair, or assessment of the roofing system is EXPLICITLY AND ABSOLUTELY excluded. Member expressly releases Earlimon Capital Improvements LLC from all roof-related liability. THIS EXCLUSION SURVIVES TERMINATION.

§ 5 Service Examples — What Each Plan Covers ▾

Non-exhaustive examples. Company retains sole professional discretion. Tasks must require no specialized materials, be completable within 2 Business Hours, and valued at or below $150.

Service / Task	Basic $99	Plus $129	Premium $179	Note
✔ Included Minor Maintenance — All Plans
HVAC filter replacement (standard 1-inch)	Incl.	Incl.	Incl.	Under 30 min
Caulk / grout resealing (1 bathroom)	Incl.	Incl.	Incl.	Under 2 hrs
Door hinge tightening or adjustment	Incl.	Incl.	Incl.	Under 30 min
Weatherstripping replacement (1 door)	Incl.	Incl.	Incl.	Under 1 hr
Faucet aerator cleaning / replacement	Incl.	Incl.	Incl.	Part ≤$15
Toilet flapper replacement	Incl.	Incl.	Incl.	Part ≤$20
Towel bar / holder re-mounting	Incl.	Incl.	Incl.	Standard anchors
Under-sink cabinet door adjustment	Incl.	Incl.	Incl.	Under 20 min
+ Additional-Cost Services - Do not consume the included annual visit allocation
TV Hanging & Setup (up to 65")	+$100	+$60	Incl.	Existing drywall; no cable routing
Smart Doorbell Install	+$100	+$60	Incl.	Existing WiFi; no new wiring
Smart Lock Replacement	+$100	+$60	Incl.	Existing door bore
Light Fixture Replacement	+$100	+$60	Incl.	Existing box & wiring
Ceiling Fan Replacement	+$100	+$60	Incl.	Fan-rated box; no new wiring
Garbage Disposal Replacement	+$100	+$60	Incl.	Existing mounting & outlet
Kitchen / Bath Faucet Replacement	+$100	+$60	Incl.	Existing connections & valves
Washing / Dryer Machine Install	+$100	+$60	Incl.	Existing connections; no new plumbing
Furniture Assembly	+$100	+$60	Incl.	Flat-pack; all parts on-site; ≤2 hrs
✗ Never Included — No plan covers these services
Toilet replacement	NO	NO	NO	Specialty parts; >2 hrs
Water heater repair or replacement	NO	NO	NO	Licensed plumber required
Tile replacement (>2 tiles)	NO	NO	NO	Specialty materials; >2 hrs
HVAC unit service / refrigerant	NO	NO	NO	Licensed HVAC technician required
Drywall patch >6 inches	NO	NO	NO	Specialty materials required
Roofing — any work	NO	NO	NO	ABSOLUTE EXCLUSION — all plans

Unused minor maintenance visits do NOT roll over to a future membership term. Services are non-transferable to other properties or persons.

§ 6 Health Reports & Condition Ratings ▾

Good: No action required. Area functioning as intended.
Monitor: Acceptable — warrants attention at next inspection. No immediate action required.
Repair Needed: Risk of deterioration or damage. Company recommends repair and will provide a member-rate estimate.

⚠ Liability Waiver on Inaction If a Member receives a "Repair Needed" rating and declines the Company's repair estimate, THE MEMBER ASSUMES FULL RESPONSIBILITY for any consequential damage, deterioration, or loss. THE COMPANY'S LIABILITY IS ZERO from the date the report was acknowledged.

Each Health Report is delivered by email within 72 Business Hours of the inspection. Member acknowledgment constitutes a legal contemporaneous record of property condition on the inspection date.

§ 7 Limitation of Liability ▾

Texas Conspicuousness Notice — Texas B&C Code §1.201(b)(10) THE TOTAL LIABILITY OF EARLIMON CAPITAL IMPROVEMENTS LLC TO THE MEMBER SHALL NOT EXCEED THE TOTAL MEMBERSHIP FEES ACTUALLY PAID IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING LOSS OF USE, LOSS OF PROFIT, OR DIMINUTION IN PROPERTY VALUE. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY AND SURVIVES TERMINATION.

§ 8 Dispute Resolution & Governing Law ▾

Step 1 — Mandatory Mediation: All disputes must first be submitted to good-faith mediation in Harris County, Texas for a minimum of 30 days. Each party bears its own costs. Mediation is a condition precedent to arbitration.
Step 2 — Binding AAA Arbitration: If mediation fails, disputes are resolved exclusively by binding arbitration under AAA Commercial Rules in Harris County, Texas. Award is final and enforceable. Prevailing party recovers attorney's fees.
Governing Law: State of Texas. Venue: Harris County (or Montgomery, Fort Bend, Liberty County as applicable).

⚠ Jury Trial Waiver — Knowing & Voluntary BOTH PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY. THIS WAIVER IS MADE KNOWINGLY AND VOLUNTARILY AND SURVIVES TERMINATION OF THIS AGREEMENT.

⚠ Contractual Limitation Period ANY CLAIM ARISING FROM ANY SERVICE OR INSPECTION REPORT MUST BE SUBMITTED IN WRITING WITHIN ONE (1) YEAR FROM THE DATE OF THE SPECIFIC SERVICE VISIT. CLAIMS NOT SUBMITTED WITHIN THIS PERIOD ARE PERMANENTLY BARRED. This contractual period controls over the Texas 4-year statutory period.

Contents — Commercial

Plans & Pricing Structure Payment Terms & Access Scheduling & Business Hours Inspection Scope Service Task Table Termination & Default Liability Cap Dispute Resolution

§ 1 Commercial Plans & Pricing Structure ▾

Commercial Membership Agreement — Multi-unit residential and commercial properties. Rev. 4

Commercial pricing is calculated as: Monthly Fee = Flat Base Fee + (Total Units × Per-Unit Rate). Final pricing is confirmed in writing after a complimentary property walkthrough, documented in Exhibit B.

HOA / Condo Plans: Pricing per Exhibit B · Monthly or Annual
Hotel / Motel Plans: Pricing per Exhibit B · Monthly or Annual
Apartment Complex Plans: Pricing per Exhibit B · Monthly or Annual
Custom Enterprise Plan: Fully custom scope and pricing · Per Exhibit B
Annual Discount: 10% off when paid upfront. Non-refundable after first inspection.
Additional-Cost Services: $60.00 flat — all plans. Scheduled independently; do not consume the inspection allocation.
Repair Discount: 10%–15% off standard repair pricing applies to all separately quoted repair work.

§ 2 Payment Terms, Access Policies & Stripe Authorization ▾

2-A · Mandatory Payment Method

As a material condition of this Agreement, Client must provide and maintain a valid Credit Card, Debit Card, or ACH Bank Transfer on file through the Company's secure payment portal (Stripe). This method must remain active for the entire duration of the agreement. All payments must be directed to Earlimon Capital Improvements LLC.

2-B · Recurring & Additional Charges Authorization

Client grants Earlimon Capital Improvements LLC an irrevocable and continuing authorization to automatically charge the payment method on file for:

Monthly Contract Fee: Recurring amount per Exhibit B, charged on the 1st of each month
Additional-Cost Services: $60.00 per service, pre-authorized by Authorized Contact in writing
Late Payment Fees: 10% of outstanding invoice, assessed automatically on Day 6
Forfeited Visit Fees: Charged at the applicable rate when a visit is forfeited due to no-access

2-C · Late Payment Escalation Schedule

Days 1–5

Normal payment window. No penalty. All services continue.

Day 6

Late fee of 10% of outstanding invoice assessed automatically and charged to payment method on file. Constitutes liquidated damages.

Day 10

All services suspended immediately without further notice. Contract fees continue to accrue during suspension.

Day 15

Material breach. Termination for cause. Full remaining contract balance accelerated and immediately due. Collection proceedings in Harris County, Texas.

A declined charge due to an expired or invalid payment method is treated as a late payment from the original invoice due date. Client must update payment information immediately upon any card change.

2-D · No-Access Policy — Forfeited Visit Billing

Grace Period: Maximum 15 minutes from scheduled start time. Visits not begun within this window are declared Forfeited.
Forfeited Visit Billing: Included visits count toward the active scheduled-visit allocation with no replacement; Additional-Cost Service visits ($60) are billed in full.
Emergency Exception: One complimentary reschedule per calendar year for documented emergencies. Request in writing within 24 Business Hours.

§ 3 Scheduling, Business Hours & Access ▾

Scheduling Confirmation: Within 48 Business Hours of request for all commercial plans
Authorized Contact: Client must designate an Authorized Contact reachable during Business Hours at all times
Cancellation Notice: At least 48 Business Hours written notice required to avoid Forfeited Visit status
Business Hours: Monday–Friday 8:00 AM–6:00 PM CT · Saturday 8:00 AM–4:00 PM CT
After-Hours Requests: Carry over to next business day 8:00 AM CT

§ 4 Inspection Scope — Visual & Non-Invasive Only ▾

⚠ Critical Notice — All Inspections Are Visual Only ALL INSPECTIONS ARE STRICTLY VISUAL AND NON-INVASIVE. No destructive testing, electrical diagnostics, structural assessments, or mold/asbestos testing. The Company assumes no liability for conditions concealed within walls, ceilings, floors, electrical systems, or structural elements.

Common Areas: Visible surfaces, lighting, hardware, doors, windows, accessible mechanical rooms
Individual Units (if in scope): Kitchen, bathroom, visible plumbing, HVAC filter, doors, windows, floors — all visual only
Access Denial: If Client fails to provide access to any area in scope, the Company is NOT liable for undetected conditions in that area. Access denial is documented and constitutes a waiver of liability for that area.

⚠ Absolute Exclusion — Roofing ANY inspection, access, repair, or assessment of the roofing system is EXPLICITLY AND ABSOLUTELY excluded. THIS EXCLUSION SURVIVES TERMINATION.

§ 5 Service Task Table — Qualifying vs. Non-Qualifying ▾

Non-exhaustive examples. Company retains sole professional discretion. All commercial plans have the same service tiers — pricing varies per property per Exhibit B.

Task / Service	All Plans	Note
✔ Qualifying Tasks — Included · max 2 Business Hours · max $150 value
HVAC filter replacement	YES ✔	Under 30 min, standard stock
Caulk / grout resealing (1 bathroom/unit)	YES ✔	Under 2 hrs
Door hinge tightening or adjustment	YES ✔	Under 30 min
Weatherstripping replacement (1 door)	YES ✔	Under 1 hr
Faucet aerator cleaning / replacement	YES ✔	Part ≤$15
Toilet flapper replacement	YES ✔	Part ≤$20
Common area light bulb replacement	YES ✔	Standard bulb ≤$15
Door closer adjustment (hydraulic)	YES ✔	No specialty parts
+ Additional-Cost Services — $60 flat · Scheduled independently
TV Hanging & Setup (up to 65")	+$60	Existing drywall; no cable routing
Smart Lock / Doorbell Install	+$60	Existing bore/WiFi; no new wiring
Light Fixture / Ceiling Fan Replacement	+$60	Existing box & wiring
Washing / Dryer Machine Install	+$60	Existing connections; no new plumbing
Kitchen / Bath Faucet Replacement	+$60	Existing connections & valves
Furniture Assembly / Shelf Mounting	+$60	Flat-pack; ≤2 hrs; max 150 lb
✗ Non-Qualifying — Never included regardless of plan or contract size
Toilet replacement	NO	Specialty parts; >2 hrs
Water heater repair or replacement	NO	Licensed plumber required
Tile replacement (>2 tiles)	NO	Specialty materials; >2 hrs
HVAC unit service / refrigerant	NO	Licensed HVAC; EPA Sec. 608 required
Elevator / fire suppression	NO	Certified specialist required
Roofing — any work	NO	ABSOLUTE EXCLUSION — all plans

§ 9 Termination, Default & Early Exit Fees ▾

Initial Term: 12 months, auto-renewing. 60 days written notice required to cancel at year-end.
Early Termination Fee: Equal to 3 months of the then-applicable monthly contract fee. Constitutes liquidated damages. Due within 15 days of termination notice.
Termination for Cause (immediate): Non-payment beyond Day 15; harassment or threats to Company personnel; repeated out-of-scope demands; material misrepresentation; or 3+ Forfeited Visits in a rolling 3-month period.
Upon Termination for Cause: Full remaining contract balance accelerated and immediately due. No refunds on prepaid fees. Early termination fee applies independently.

§ 8 Limitation of Liability ▾

Texas Conspicuousness Notice — Texas B&C Code §1.201(b)(10) THE TOTAL LIABILITY OF EARLIMON CAPITAL IMPROVEMENTS LLC UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL CONTRACT FEES PAID BY CLIENT IN THE TWELVE (12) CALENDAR MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING TENANT DISPLACEMENT COSTS, LOSS OF RENTAL INCOME, OR REGULATORY FINES FROM PRE-EXISTING CONDITIONS. THIS LIMITATION SURVIVES TERMINATION.

§ 10 Dispute Resolution & Governing Law ▾

Step 1 — Mandatory Mediation: Good-faith mediation in Harris County, Texas for minimum 30 days. Each party bears its own costs. Condition precedent to arbitration.
Step 2 — Binding AAA Arbitration: Mandatory and exclusive. Administered by AAA under Commercial Arbitration Rules in Harris County. Award is final and enforceable. Prevailing party recovers attorney's fees.
Governing Law: State of Texas · Venue: Harris County (or Montgomery/Fort Bend/Liberty County as applicable).

⚠ Jury Trial Waiver & 1-Year Limitation Period BOTH PARTIES IRREVOCABLY WAIVE ANY AND ALL RIGHTS TO A TRIAL BY JURY. ANY CLAIM MUST BE SUBMITTED IN WRITING WITHIN ONE (1) YEAR FROM THE DATE OF THE SPECIFIC SERVICE VISIT. CLAIMS NOT SUBMITTED WITHIN THIS PERIOD ARE PERMANENTLY BARRED.

§ A Indemnification ▾

Client/Member shall defend, indemnify, and hold harmless Earlimon Capital Improvements LLC, its officers, employees, agents, and contractors from all claims, damages, liabilities, costs, and expenses (including attorney's fees) arising from:

Any pre-existing condition of the property not disclosed prior to service
Third-party claims by tenants, guests, HOA members, or visitors arising from property conditions not caused by Company's gross negligence
Client/Member's breach of any representation, warranty, or obligation under the Agreement
Failure to act on a "Repair Needed" rating in a Health or Findings Report
Use of unlicensed contractors to perform work affecting areas previously inspected by the Company
Misrepresentation of property conditions, unit count, or scope of service at enrollment or at any subsequent visit

This indemnification obligation SURVIVES TERMINATION OR EXPIRATION of this Agreement and is NOT LIMITED by the liability cap.

§ B Force Majeure ▾

The Company shall not be liable for failure or delay caused by events beyond its reasonable control, including: hurricanes, flooding, or ice storms declared as emergencies; fire or natural disaster; pandemics declared by governmental authority; civil unrest; power outages; or governmental orders or restrictions.

Notice: Company notifies Client/Member as soon as practicable after a Force Majeure Event affects services.
Rescheduling: Visits canceled due to Force Majeure do NOT count as Forfeited Visits. Rescheduled within a reasonable time.
Extended Force Majeure: If services are prevented for more than 30 consecutive calendar days, either party may terminate without penalty. Client/Member receives a pro-rated refund of prepaid fees for unperformed services.

§ C Workmanship Warranty ▾

Warranty Period: 30 calendar days from the service visit date. Claims submitted after 30 days are not covered.
Exclusions: Defects from client/tenant/guest misuse; normal wear and tear; client-supplied material defects; pre-existing conditions in the Report; Force Majeure damage; work by unlicensed contractors after Company's visit.
Remedy: Re-perform the defective work at no charge, or refund the portion of the fee attributable to the defect. Maximum warranty liability shall not exceed the amount paid for the specific service.
Claim Procedure: Submit in writing to earlimoncp@gmail.com within 30 days, describing the defect. Company inspects within 5 Business Days of receipt.

§ D Photography & Documentation ▾

Purpose: Client/Member grants the Company an irrevocable, non-exclusive license to photograph and document all accessible areas during each service visit for: report preparation, internal condition records, Forfeited Visit documentation, and defense against any claim or litigation.
Retention: All photographs, reports, and records retained for a minimum of 3 years.
Privacy: No photographs used for marketing or advertising without prior written consent. Excludes personally identifiable information of occupants or tenants.
Confidentiality: All findings and reports are confidential. Disclosed only as required by law, to Company's legal counsel/insurers, or with written consent.

§ E Scope Changes & Assignment ▾

Scope Change Notice: Client/Member must notify Company in writing within 5 Business Days of changes in unit/building count, ownership, property management, or Authorized Contact.
Property Sale: Must notify Company at least 15 calendar days before closing. New owner may assume the Agreement with Company's written consent; otherwise Client/Member remains liable for early termination fees.
Non-Transferable: This Agreement may not be assigned by Client/Member without prior written consent. The Company may assign to any successor entity upon written notice.

§ F Non-Disparagement & Confidentiality ▾

Marketing Use: The Company may list the property name (not personal name, photo, or contact info) as a client reference unless Client/Member opts out in writing within 15 days of execution.
Confidentiality: Client/Member shall keep Company's pricing structure, processes, and non-public information confidential for 2 years following termination.
Non-Disparagement: Neither party shall make false, misleading, or disparaging public statements about the other. Disputes are resolved through Agreement mechanisms — not public statements.

⚠ Absolute Exclusion — Licensed Trade Work (§ 5-C) EARLIMON CAPITAL IMPROVEMENTS LLC IS NOT A LICENSED ELECTRICAL CONTRACTOR, LICENSED PLUMBER, LICENSED HVAC/R TECHNICIAN, OR HOLDER OF ANY SPECIALTY TRADE LICENSE UNDER THE STATE OF TEXAS OR ANY LOCAL JURISDICTION. THIS AGREEMENT DOES NOT AND CANNOT AUTHORIZE ANY WORK THAT REQUIRES SUCH A LICENSE UNDER APPLICABLE TEXAS LAW, MUNICIPAL CODE, OR BUILDING REGULATION.

§ 5-C.1 Electrical Work — Excluded ▾

Installation, modification, or repair of electrical panels, breakers, or circuit breakers
Installation or extension of electrical circuits or branch wiring
Installation of new electrical outlets, switches, or junction boxes
Any work inside walls or ceilings involving live wiring
Service entrance work or grounding system modification
Any task requiring disconnecting or reconnecting wiring at the panel level

Only electrical-adjacent tasks within scope: replacement of existing fixtures, devices, or appliances at existing pre-wired connection points.

§ 5-C.2 Plumbing Work — Excluded ▾

Installation, modification, or repair of water supply lines, drain lines, vent stacks, or sewer connections
Soldering, welding, or permanent joining of copper, PVC, or PEX piping
Installation or relocation of shut-off valves, water meters, or pressure regulators
Gas line installation, modification, testing, or repair of any kind
Water heater installation or repair
Work subject to permit under the Texas Plumbing License Law

Only plumbing-adjacent tasks within scope: connection of flexible supply hoses and drain hoses at existing pre-installed valves and drain connections.

§ 5-C.3 HVAC & Mechanical Work — Excluded ▾

Installation, repair, or replacement of HVAC systems, condensers, air handlers, or heat pumps
Refrigerant handling, charging, or recovery (EPA Section 608 certification required)
Ductwork installation, modification, or sealing beyond accessible filter replacement
Combustion analysis, heat exchanger inspection, or gas furnace servicing
Any work requiring a TACLB license or EPA refrigerant certification

Only HVAC-adjacent task within scope: standard filter replacement at accessible filter housing.

§ 5-C.4 Other Licensed Trades & Additional Exclusions ▾

Roofing: Absolute exclusion — any inspection, access, repair, or assessment of the roofing system. Survives termination.
Structural Engineering: Load-bearing modifications of any kind
Mold & Hazardous Materials: Mold testing/remediation, asbestos or lead abatement
Pest Control: Extermination or fumigation of any kind
Pool & Spa: Pool, spa, or water feature service or repair
Fire Suppression: Fire suppression, sprinkler, or fire alarm systems
Elevators: Elevator, escalator, or lift service or inspection
Permitted Work: Any work requiring a building permit under local municipal codes
Commercial-Specific: RTUs, commercial kitchen equipment, ADA modifications, exterior facades, balconies, structural railings, parking lot/pavement repair, landscaping/irrigation

Member / Client Acknowledgment Client/Member expressly agrees not to pressure or induce Company technicians to perform any excluded work. Technicians have express authority to decline any on-site request falling within these exclusions without penalty or breach of the Agreement.