In consideration of the mutual promises set forth below, the parties agree as follows:

1. DESCRIPTION OF SERVICES. Beginning on the start date noted above, The Wright Group will provide to Client the services described in the completed SmartShield Home Check Application (collectively, the “Services”.)

2. SCOPE OF WORK. The Wright Group will provide a subscription-based home inspection service to Client. This service includes one annual home inspection, called a “checkup,” at the property registered at time of signup. The home checkup will be performed by a licensed home builder or an employee of a licensed home builder who has been trained to perform this type of inspection. Only areas of the home that are visible and accessible will be inspected. A report of all inspected areas will be provided to Client within 48 hours of the date the checkup is performed. The price of the Plan and the services included in the Plan may change, and The Wright Group is not required to notify Client of changes to the Plan in advance. Changes to the Plan will be updated on the website.

3. COMPLIANCE WITH LAWS. The Wright Group shall provide the Services in a workmanlike manner, and in compliance with all applicable federal, state and local laws and regulations. Client agrees to hold The Wright Group harmless for any costs associated with a determination that the home and its improvements are not compliant with the law including building codes and ordinances.

4. WORK SITE. Client warrants that Client owns the property herein described, free and clear of any liens and encumbrances. Prior to the start of the Services, Client shall provide an easily accessible Worksite. The Wright Group makes no warranties as to the zoning of the Worksite and Client agrees that they are not relying on any promise by The Wright Group that the services will comply with zoning or covenants and restrictions that may be on the property. Client warrants that all necessary approvals have been obtained including but not limited to HOA’s, historical review board, etc.

5. PAYMENT. Payments for monthly fees shall be made via automatic draft from a credit or debit card.
Client agrees that The Wright Group’s fees and payment for services accrue upon signing of this contract. If a transaction is declined, the transaction will be re-attempted. If the second attempt is not successful, this Contract will be automatically canceled. Client shall pay all costs of collection, including without limitation, reasonable attorney fees through actual collection of funds.

6. INSURANCE. Before work begins under this Contract, Upon request The Wright Group shall furnish certificates of insurance substantiating that The Wright Group has placed in force valid insurance covering its full liability under the Workers’ Compensation laws of the State of South Carolina and shall furnish and maintain general liability insurance, for injury to or death of a person or persons, and for personal injury or death suffered in any construction related accident and property damage incurred in rendering the Services.

7. RELEASE. Client agrees that The Wright Group may take and use photographs of the property before during and after construction for promotional and sales purposes and releases any rights that may be associated with such photos. Client also agrees to allow the Wright Group to display signs within the property’s boundaries for promotional purposes and to identify the job site for subcontractors and suppliers.

8. WARRANTY. The Wright Group shall provide its services and meet its obligations under this Contract in a professional and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in The Wright Group’s community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to The Wright Group on similar projects. Client agrees that the failure to perfectly perform does not amount to a breach of this agreement.
THE WRIGHT GROUP DOES NOT PROVIDE ANY WARRANTY, EXPRESS OR IMPLIED, ON THE INSPECTION SERVICES OR THE RESULTING REPORTS PROVIDED TO THE HOMEOWNER.

9. FREE ACCESS TO WORKSITE. Client will allow free access to work areas for workers and vehicles. The Wright Group will make reasonable efforts to protect driveways, lawns, shrubs, and other vegetation.

10. UTILITIES. Client shall provide and maintain water and electrical service, gas service or oil service, whichever is applicable. Client shall permit The Wright Group to use, at no cost, any electrical power and water necessary to carry out and complete the inspection.

11. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:

• The failure of Client to make a required payment when due.
• The failure of Client to make the building site available
• The failure of The Wright Group to deliver the Services in the time and manner provided for in this Contract.
• Receipt of notice by one party of the other parties’ intent to cancel

12. REMEDIES. In addition to any and all other rights a party may have available according to law of the State of South Carolina, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving said notice shall have ten days from the effective date of said notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract. Failure to send this notice of right to cure precludes the party asserting breach of the agreement from seeking legal recourse.

13. FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“Force Majeure”), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, casualty, illness, injury, general unavailability of materials or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

14. MEDIATION. Client and the Wright Group agree that before either party files suit against the other in a court of competent jurisdiction, the parties must undergo mediation. The mediation must be performed by a certified mediator and the parties will equally divide the costs thereof. Mediation must meet the requirements of mediation for any mediation mandated county within the State of South Carolina. Parties agree that they will make a good faith effort at resolving any issues with mediation.

15. ENTIRE CONTRACT. This Contract contains the entire Contract of the parties, and there are no other promises or conditions in any other contract whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties. Client agrees that its assent to this agreement is not reliant upon any oral promises or statements made by The Wright Group. Any previous statements not reflected in this contract were for negotiation purposes only.

16. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

17. AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment. Change order may be amended by email as previously mentioned herein.

18. GOVERNING LAW. This Contract shall be construed in accordance with, and governed by the laws of the State of South Carolina, regardless of the choice of law provisions of South Carolina or any other jurisdiction. Any dispute between the parties concerning this Contract shall come within the jurisdiction of the courts of Lexington County, South Carolina.

19. NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if sent by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

20. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.