RESIDENTIAL PLUMBING MEMBERSHIP AGREEMENT

1.      Purpose and Scope

This Residential Plumbing Membership Agreement (“Agreement”) is entered into between Dr. W. Plumber, LLC (“Company”) and the undersigned Customer (“Member”) for the provision of plumbing maintenance, inspection, and related services on the terms set forth in this agreement. This membership provides the Member with periodic maintenance services, priority scheduling, and exclusive benefits as part of an ongoing maintenance relationship—not as a one-time service contract. The scope of this membership covers only those services expressly listed in this Agreement and does not include work outside such scope unless separately authorized in writing.

2.      Member Benefits

Members in good standing are entitled to:

·         Annual plumbing inspections to prevent costly breakdowns;

·         Priority scheduling for all service calls;

·         Waiver of emergency service fees on nights, weekends, and holidays;

·         Exclusive access to residential plumbing services reserved for members; and

·         A full Plumbing Health Report following the annual inspection.

Benefits apply only to the Member’s residential property listed above and are non-transferable.

3.      Included Labor Services

All labor for the following services is included during the membership term:

General Services:

• Leak Detection • Replace Water Heater • Replace Water Heater Elements
• Replace Toilet • Replace Toilet Tank Parts • Replace Wax Ring on Toilet
• Replace Toilet Water Supply Line • Replace Angle Stop Valves
• Replace Lavatory Faucet w/ Pop-Up Assembly • Replace Faucet Water Supply Line
• Reinstall Lavatory Drain Assembly • Replace Shower Cartridge • Replace Shower Head • Replace Kitchen Faucet • Replace Garbage Disposal • Install New Icemaker Line • Install Dishwasher • Replace Main Shutoff Valve • Replace Hose Bibb • Sewer Gas Detection with Smoke Detector

Drain Cleaning Services:

• Main Sewer Line • Through Roof Vent • By Pulling Toilet and Resetting • Through Existing Cleanout

Additional Service:

• Sewer Video Camera Inspection

Labor services under this Membership are provided for normal, reasonable residential use, not to exceed one (1) service per listed item per twelve (12)-month period. Excessive or repeat calls for the same fixture or condition may incur standard service rates, in the reasonable discretion of the Company.

4.      Parts & Materials Policy

All labor associated with the above services is included in the membership. However, parts, fixtures, appliances, and materials required for any repair, replacement, or installation are not included and must be purchased and paid by the Member at the time of service. The Company will provide advance notice of estimated parts costs for approval before proceeding. Manufacturer warranties for such parts apply directly between the manufacturer and the Member.

5.      Payment Terms

Membership fees are due in advance on the Effective Date and thereafter on the first day of each renewal period. The Member authorizes the Company to automatically charge the designated payment method for membership renewals, service parts, and materials, and agrees to maintain current payment information. Payments not received when due shall result in suspension of services and benefits until paid in full. All payments are non-refundable except as expressly provided herein.

6.      Term and Renewal

The membership term shall be as indicated above. Unless the Member provides written notice of non-renewal at least thirty (30) days prior to expiration, the membership shall automatically renew for successive equal terms at the then-current rate. The Company may adjust membership fees or parts pricing upon thirty (30) days’ prior written notice, which will take effect at the next renewal period.

7.      Early Cancellation

If the Member cancels this Agreement before the completion of the agreed term, the Member agrees to pay a $500 early termination fee (“Cancellation Fee”). Failure to pay may result in collection action and a claim of lien for any unpaid labor or materials rendered under applicable Florida lien laws (Fla. Stat. Ch. 713). The Member shall be responsible for all costs of collection, including reasonable attorney’s fees and interest.

8.      Member Obligations

The Member shall provide safe and reasonable access to all plumbing areas and ensure that water, electricity, and system access are available at the time of service. The Member shall promptly notify the Company of any leaks or hazardous conditions. The Company may refuse or postpone service where unsafe conditions exist, where access is obstructed, or where utility connections are unavailable. The Member acknowledges that continued membership is contingent on compliance with these obligations.

9.      Limitations and Exclusions

This membership does not cover pre-existing plumbing issues, code violations, or failures caused by corrosion, neglect, or improper installation by others. It also excludes work requiring structural alteration, drywall, flooring, or concrete removal, and repairs to systems modified by non-licensed personnel. Water filtration systems, well pumps, irrigation systems, and gas line work are excluded unless expressly included in writing. The Company is not liable for consequential or incidental damages arising from plumbing failures or from the Member’s failure to maintain property systems.

10.  Warranty Disclaimer

Labor provided under this membership is warranted for thirty (30) days from completion. All manufacturer warranties on parts or fixtures shall apply directly from the manufacturer to the Member. Except as expressly provided herein, the Company disclaims all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

11.  Limitation of Liability

The Member acknowledges that plumbing systems, fixtures, and related components may contain latent defects, hidden deterioration, or pre-existing issues that are not reasonably discoverable through visual inspection or routine maintenance. The Company shall not be responsible or liable for any condition, defect, or damage that pre-dates the Company’s work, is concealed within walls, floors, foundations, or other inaccessible areas, or results from prior workmanship, materials, or code violations by others. If the Company’s work reveals, aggravates, or worsens a pre-existing or latent condition, such occurrence shall not constitute negligence or breach by the Company, provided the work was performed in a reasonable and workmanlike manner according to industry standards. The Member shall remain solely responsible for any corrective or remedial work to address such underlying or pre-existing conditions. The Company shall have no liability for the acts, omissions, or workmanship of any third party, including prior contractors, homeowners, or service providers, nor for any damage or failure caused by the modification, alteration, or tampering of its work or installations by any person other than the Company or its authorized representatives. In all cases, the Company’s maximum total liability for any claim, loss, or damage of any kind arising under or relating to this Agreement, whether in contract, tort, or otherwise, shall be limited to the total amount of membership fees actually paid by the Member to the Company during the twelve (12) months immediately preceding the event giving rise to such claim, and the Company shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to water damage, mold, loss of use, or loss of income.

12.  Default and Collection

If the Member fails to make any payment due under this Agreement, the Company may terminate membership and pursue all legal remedies, including collection of outstanding amounts. The Member shall be responsible for all reasonable attorney’s fees, court costs, and interest accruing at the maximum rate allowed by law. The Company reserves the right to report delinquent accounts to credit agencies and to file claims of lien for unpaid labor and materials where legally permissible.

13.  Right to Cancel

Pursuant to Section 501.025, Florida Statutes, if this Agreement results from a solicitation made at the Member’s residence or any location other than the Company’s place of business, the Member shall have the right to cancel this Agreement without penalty or obligation within three (3) business days after the date of execution. To exercise this right, the Member must provide written notice of cancellation to the Company at its business address or email address on file within that period.

14.  Force Majeure

The Company shall not be responsible for any delay or failure to perform services under this Agreement caused by events beyond its reasonable control, including but not limited to weather events, supply shortages, illness, accidents, governmental restrictions, or labor disputes. Performance shall be resumed as soon as reasonably possible following such events.

15.  Dispute Resolution

Any dispute, claim, or controversy arising under or related to this Agreement shall first be submitted to non-binding mediation in Miami-Dade County, Florida. If the dispute is not resolved through mediation, either party may bring an action in the state or federal courts located in Miami-Dade County, Florida, which shall have exclusive jurisdiction and venue over all such matters. The prevailing party in any dispute or proceeding. including any mediation, demand, negotiation, or other action taken to enforce the terms of this Agreement, whether or not a lawsuit is filed, shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, costs, and expenses incurred.

16.  Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Exclusive venue for any court action arising hereunder shall be in the state courts located in Miami-Dade County, Florida.

17.  Entire Agreement

This Agreement constitutes the entire understanding between the parties regarding the subject matter hereof and supersedes all prior proposals, advertisements, or oral representations. Any modification must be in writing and signed by both parties.

18.  Acknowledgment and Acceptance

By signing below, the Member acknowledges that they have read and understood this Agreement, agree to its terms, and authorize Dr. W. Plumber, LLC to perform the described services at the listed property.