This Agreement is between you (“Client”) and the locally owned and operated HomeSmiles franchise performing services at your property (“Local HomeSmiles Business”). Though operating under the “HomeSmiles” name via a DBA authorized by Home Smiles Franchising LLC (“Franchisor”), all services are solely provided by your Local HomeSmiles Business, which is independently owned and operated. Franchisor is not a party to this Agreement and bears no liability for services, disputes, or representations. By using services, you agree all responsibilities lie solely with your Local HomeSmiles Business.

Scope of Services
Services may include:
Gutter/Downspout Cleaning, Minor Tree Branch Removal at Roofline, Water Heater Drain, Furnace/HVAC Filter Replacement, Interior/Exterior Window Cleaning, Driveway/Flatwork Pressure Washing, Home Exterior Soft Washing, Trash/Recycling Can Cleaning, Dryer Vent Cleaning, Smoke/Carbon Monoxide/Combo Alarm Testing & Battery Replacement, Garage Door Maintenance, Refrigerator Coil Cleaning, Range Hood Filter Cleaning, Garbage Disposal Deodorizing, Bathroom Sink/Tub/Shower Drain Cleaning, Bathroom P-Trap Cleaning, Chimney Cleaning, or other agreed services.

Services are performed at the sole discretion of your Local HomeSmiles Business. If a service is not possible due to property conditions, no refunds or substitutions are required. HomeSmiles is not liable for delays or damages caused by scheduling changes or service timing.

Authorizations & Access
Client authorizes HomeSmiles representatives to enter the property for service, inspections, or completion checks. Services may be rescheduled due to weather. Client agrees to provide accessible, working outdoor water spigots. If well water or low pressure applies, Client must notify HomeSmiles. If water must be supplied, a sourcing fee will apply. HomeSmiles is not responsible for damaged spigots.

Pricing & Scheduling
Services may be purchased individually or by subscription. Pricing is listed online or in provided estimates.

Client Disclosures & Responsibilities
Client must disclose in writing hazards such as:

• Exposed wiring, structural damage/weakness, mold, asbestos, lead, specialty coatings on windows or surfaces, fragile windows/materials, or other known risks.
  
• Pre-existing damage to windows, screens, gutters, or surrounding materials.
  

Client must:

• Provide safe, unobstructed service access (remove vehicles or furniture; trim landscaping; secure pets).
  
• Follow site-specific preparation instructions, if provided by HomeSmiles.
  

Failure to meet these conditions may result in rescheduling and trip fees, or appointment cancellation.

Surface Conditions & Risks
Client acknowledges surfaces like siding, brick, stone, asphalt, stucco, pavers, and concrete may be damaged by age, wear, or prior neglect, not by HomeSmiles.

Client assumes all risk for:

• Discoloration, residue removal, or aesthetic changes from cleaning.
  
• Damage to fragile or deteriorated materials, including paint, glazing, wood, and mechanical window parts.
  

Safety & Liability Waivers

• Bodily Harm: Client waives claims for injury from falling objects/tools or slippery conditions during/after service.
  
• Hazardous Materials: HomeSmiles is not liable for animal/human health if there is disturbance of lead, asbestos, or other hazardous materials.
  
• Tempered Glass: HomeSmiles is not liable for scratches on tempered/heat-strengthened glass. Razor blades and scrapers may be used in accordance with industry standards.
  
• Window Damage: Client waives claims for pre-existing or revealed scratches or damages, including IG unit failure, hardware damage, screen damage, or damage to surrounding materials or components. Fragility of windows and components is acknowledged.
  
• House Washing: Client accepts risks of oxidation or blemishes revealed by cleaning. Client must ensure property is watertight and assumes all risk of water intrusion. Client waives claims related to outcomes including damage to plant life.
  
• Window Washing: HomeSmiles is not liable for water intrusion, damage to gutters/roof materials caused by ladder placement, delays caused by ladder placement, or property damage. Screens may be removed from the interior of the dwelling and must be accessible. If screens cannot be accessed or removed, exterior windows will be cleaned with the screens on. HomeSmiles does not move furniture or personal property. HomeSmiles does not retract window coverings. Client assumes all risks from window cleaning, including non-removable stains from corrosion or hard water.

Specialty Window Disclaimers

• Double Pane Windows: HomeSmiles does not clean interior surfaces of double-pane windows.
  
• Storm Windows: Client indemnifies HomeSmiles against any damage during storm window removal, cleaning, or reinstallation.

Dryer Vent Cleaning
Dryer vents may be cleaned from inside or outside the property. Client must clear laundry areas for access; otherwise, services may be rescheduled. HomeSmiles is not responsible for damage from moving appliances or their functionality after cleaning. Dryer vent hoses may be replaced for an additional fee with Client’s approval. Client must notify HomeSmiles if a booster fan is in place. Client responsible for powering off the booster fan and releases HomeSmiles from liability and damage resulting from a booster fan that is powered during service.

Gutter Cleaning
Methods vary based on property. HomeSmiles may:

• Access roofs, use blowers, or pressure wash (overspray and dust may occur).
  
• Require Clients to close windows/doors and clear vehicles/personal items.
  
• Trim tree branches (up to 2” diameter) contacting the roofline.
  
• Place debris in Client’s waste bins or nearby if none available. Final disposal is the Client’s responsibility.

Client assumes all risks, including dust intrusion, noise, and potential delays.

Scope of Work:
Your Local HomeSmiles Business will determine the safest method for gutter cleaning onsite, which may include roof access and use of extension ladders. HomeSmiles is not liable for damage to roof tiles, roof materials, or delays caused by ladder placement. Vehicles should be moved offsite to prevent blocking or damage. Access may be needed to backyards, common areas, and parking spaces.

High-powered blowers may be used, potentially spreading debris and dust onto surrounding areas. Tenants must close windows and doors; HomeSmiles is not responsible for interior dust or property damage. Pressure washing may be used for cleaning excess dirt, and HomeSmiles is not liable for water intrusion or property damage. Personal items must be moved or covered by the Client.

If gutter guards are present, debris will be removed from the top, and gutters flushed. HomeSmiles may trim tree branches up to 2” in diameter that contact the roofline. Debris will be placed in the Client’s waste bin or nearby if no bin is available. Client handles final disposal and releases HomeSmiles from debris removal liability.

Limitations of Liability:
HomeSmiles is not responsible for water/ice damage, future clogs, or gutter issues post-cleaning. While best practices are used, full gutter clearance cannot be guaranteed. A 3-month drainage guarantee applies only if gutters are confirmed clear and defect-free post-service. HomeSmiles is not responsible for underground drains unless specified in a written agreement.

Gutter Guards & Obstructions:
HomeSmiles is not liable for damage to guards, gutters, roof, or other modifications. Removal of guards acknowledges their failure, and HomeSmiles is not responsible for any resulting damage from disassembly, reassembly, or provision of service.

Weather Delays:
Services scheduled October–May may face weather delays. HomeSmiles has full discretion on rescheduling and is not liable for inconvenience, personal or property impacts, or event disruptions caused by delays.

Liability Waiver:
Client waives claims against HomeSmiles and Home Smiles Franchising, LLC, except for gross negligence or intentional misconduct.

Cameras & Recording:
HomeSmiles may use cameras for safety, technique documentation, and verifying indoor services (with permission). Recordings are not shared except with the Client, legal counsel, or as required by law.

Client affirms that all calls to/from HomeSmiles may be monitored or recorded for quality assurance and training purposes.

Inspections:
Client must inspect work upon completion and report issues in writing within 24 hours. HomeSmiles is not liable for unreported issues.

Client Authority & Property Suitability:
Client affirms authority to enter this Agreement and agrees HomeSmiles may cancel service or subscription if the property is deemed unsafe or unsuitable.

Third-Party Services:
HomeSmiles is not liable for work by third-party providers it may recommend. All scheduling and any disputes must be handled directly with the third party.

Payments:
Client agrees to pay all fees, including all service fees, pre-paid fees, deposits, taxes, subscriptions, one-time services, third-party charges, and materials, equipment, parts,or supplies purchased on the Client’s behalf. Payments are non-refundable once the service has been scheduled or performed, unless required by law.

Cancellation:  HomeSmiles may charge cancellation/no-access fees of $150 or up to 50% of the service cost (whichever is greater) if Clients cancel or reschedule with less than 48 hours notice or Service cannot be completed due to restricted client access, including but not limited to locked gates, blocked driveways, unsecured pets, unavailability, or other preventable site conditions.

Method of Payment:
Accepted payment methods include credit/debit cards, checks, cash (in person with receipt), or HomeSmiles gift cards. Unauthorized chargebacks breach this Agreement. Late fees up to 10% per month, or the highest rate permitted by applicable law, whichever is less, apply for unpaid balances.

Payment Authorization: Clients authorize HomeSmiles to charge all fees (including subscriptions, one-time fees, deposits, taxes, material costs, and third party contractor charges) to the payment method provided via a third-party processor (e.g., Serviceminder Pay, PayPal, Stripe, Square, or other authorized platforms). HomeSmiles reserves the right to charge payment processing fees associated with credit card or ACH. This authorization applies to both recurring and one-time charges and remains effective until revoked in writing as per the Agreement.

Check Payments: Check payments are subject to clearance, and services may be suspended until processing is complete. A $75 fee applies to returned checks, in addition to late fees and administrative costs.

Cash Payments: HomeSmiles may require in-person cash payments with a signed receipt and is not responsible for undocumented transactions.

Gift Cards: Gift cards must be valid, unexpired, and presented at the time of service. Lost, stolen, or damaged cards will not be replaced and cannot be redeemed for cash.

Promotional Discounts: Discounts and coupons must be valid, approved by HomeSmiles in advance, documented on the estimate or invoice, have no cash value, may not be combined with other offers (unless expressly permitted), and are subject to expiration and terms defined by HomeSmiles.

Prepaid Fees & Deposits: All prepaid fees and deposits are non-refundable, even in cases of cancellation or early termination, unless required by law.

Deposits: For larger projects, HomeSmiles may require a deposit of up to 50% of the total service cost, as outlined in the service estimate.

Payment Due Upon Completion: All other service fees are due upon completion, unless stated otherwise in writing.

Client Responsibility: Clients are responsible for ensuring payment information is accurate, authorized, and current.

Expired/Declined Payments: If a credit or debit card expires or is declined, clients must immediately update the payment method to avoid service disruption.

Unauthorized Use or Chargebacks: Unauthorized payment method use or chargeback initiation without prior written notice and good-faith resolution attempts constitutes a material breach of the Agreement.

Dispute Resolution: Concerns or disputes regarding service or charges must be submitted in writing to HomeSmiles within forty-eight (48) hours of service completion, clearly describing the issue. HomeSmiles will make reasonable efforts to review and resolve the concern. Concerns raised after this period may not be eligible for review. All undisputed charges remain due and payable on time.

Consequences of Non-Payment: Failure to pay when due may result in suspension or termination of services, a late payment charge of up to 10% per month (compounded monthly) or the maximum rate permitted by law, and full recovery of all legal, administrative, and collection costs incurred by HomeSmiles.

Communications:
Client consents to receive service-related communications via phone, text, and email, and is responsible for obtaining necessary consents from others at the property.

Subscription Terms:
Your subscription to HomeSmiles services commences on the Subscription Start Date, which is triggered by any of the following actions:

• Electronic approval of a HomeSmiles CRM proposal.
• Written email confirmation.
• Verbal confirmation during a phone call with a HomeSmiles representative.
• Submission and successful processing of your initial credit card payment.

Initiating any of these actions, including the first processed payment, signifies your agreement to the pricing, scope of work, and all Subscription terms detailed herein.

1. Payment Method & Authorization

• A valid credit card must be maintained on file for the duration of your subscription or installment plan.
• By enrolling, you authorize HomeSmiles to charge the payment method on file for all applicable subscription fees and authorized additional services.
• Failure to maintain an active, valid payment method may lead to service suspension or termination without notice.

2. Automatic Renewal & Termination

• This agreement automatically renews monthly.
• Either party may terminate the subscription at the end of a billing cycle with a minimum of sixty (60) days’ prior written notice.
• HomeSmiles may terminate the agreement immediately for non-payment, declined charges, or any breach of these terms.

3. Non-Refundable Policy

• All subscription payments are non-refundable once processed.
• No credits or refunds will be issued for partial months of service, unused services, or early termination, except where legally mandated.

4. Price Adjustments

• HomeSmiles reserves the right to adjust subscription pricing, not to exceed 15% annually.
• Clients will receive a minimum of thirty (30) days’ advance written notice for any price adjustments.
• Continued use of the subscription service following such notice constitutes acceptance of the updated pricing.

5. Scheduling and Service Access

• Client agrees to allow access to property as needed to perform subscription services.
• Missed appointments of denied access may result in scheduling delays and do not qualify for refunds.

Confidentiality & Data Use:
HomeSmiles will protect Confidential Information and use it only for service-related purposes. Data collected may be used for research if anonymized. Client grants HomeSmiles joint ownership of service-related data. Feedback provided by Client becomes HomeSmiles’ property.

Privacy Policy: In addition to this Agreement, the HomeSmiles Privacy Policy at https://homesmiles.com/privacy-policy/  (“Privacy Policy”) applies to how HomeSmiles may process information (including without limitation Service-Related Information) provided as part of the Services. Client acknowledges and agrees that by accessing or using the Services, HomeSmiles may receive certain information about Client, including personal information, as set forth in the Privacy Policy, and HomeSmiles may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.

Assignment & Severability:
Client may not assign this Agreement. HomeSmiles may assign it as part of business changes. Invalid terms will be replaced with enforceable ones, and the remaining terms will remain valid.

Notices:
All changes or notices must be in writing. Notices are effective upon certified mail delivery.

Third-Party Services Disclaimer:
HomeSmiles makes no warranty, representation, or guarantee regarding third-party services.

Liability Limitations:
Your Local HomeSmiles Business shall not be liable for any indirect, incidental, special, punitive, or consequential damages—including lost profits, data loss, goodwill, or business interruption, regardless of foreseeability or prior knowledge. Total liability shall not exceed the amount paid by Client for the services giving rise to the claim.

Client agrees to indemnify and hold harmless the HomeSmiles Business, its affiliates, and their officers, directors, employees, agents, and partners (“HomeSmiles Parties”) from all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of: (a) information provided by Client; (b) Client’s violation of this Agreement, applicable laws, or third-party rights; (c) misuse of services; or (d) Client’s interaction with other HomeSmiles customers.

No Waiver; Entire Agreement:
No delay or failure to enforce any right shall constitute a waiver. This Agreement may only be modified in writing signed by both parties. It is the complete and exclusive agreement governing the subject matter herein, superseding all prior discussions or agreements.

Final Terms:
This Agreement is the entire understanding between Client and HomeSmiles and may only be modified in writing.

By using HomeSmiles services, Client acknowledges and agrees to all terms herein, including all waivers, releases, and indemnifications.

Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:

info@homesmiles.com