Consumer Terms & Conditions
IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A REQUIREMENT TO ARBITRATE DISPUTES, WHICH (I) REQUIRES THAT YOU AND LESSEN ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT; AND (II) LIMITS CLASS ACTION CLAIMS.
You acknowledge and agree that, by accepting these Terms & Conditions (the “Terms”), you are entering into a binding legal contract with Lessen LLC, on behalf of itself and its affiliates (“Lessen”, “we”, “us” or “our”). These Terms apply whenever they are referenced in a Work Order Authorization Form or any other approval you provide that includes these Terms. You acknowledge that you have had the opportunity to read the Terms, Work Orders (defined below), and any executed Proposals (defined below) and any other documents referenced in a Work Order, which comprise the entire contract between you and us concerning the services specified on a Work Order (the “Work”) (collectively, the “Agreement”). You and Lessen, in consideration of the mutual covenants set forth, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, you and Lessen agree as follows:
PLEASE READ THE AGREEMENT CAREFULLY BECAUSE THIS AGREEMENT CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN YOU AND LESSEN. BY AGREEING TO THE TERMS, YOU AGREE (1) TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE AT LEAST 18 YEARS OLD, (3) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT (4) YOU ACCEPT THIS AGREEMENT AND (5) YOU ARE EITHER THE OWNER OF THE PROPERTY WHERE THE WORK WILL BE PERFORMED OR HAVE WRITTEN LEGAL AUTHORIZATION TO ACCEPT THIS AGREEMENT FROM THE OWNER.
WORK. We will perform the Work identified in a Work Order at the property address (“Property”) specified on a Work Order (“Work Order”). The Work will not include the repair, replacement, or remedy of any existing condition of the Property not specifically described in a Work Order, and Lessen will have no responsibility or duty with respect thereto. We will provide and be responsible for all materials, equipment, labor, transportation, equipment and machinery, tools, appliances, and incidentals necessary for the furnishing, performance, and completion of the Work, except as specified in a Work Order. You agree that our ability to perform the Work is contingent upon your full and timely performance of your obligations under a Work Order, including, without limitation, providing access to the Property. Despite anything in a Work Order to the contrary, if the commencement and/or progress of the Work is interrupted or delayed by (i) changes in the Work, or (ii) any causes beyond our reasonable control, then we shall be entitled to an extension of the time for performance, and to the extent the delay adversely and directly affects the cost, additional compensation from you for the Work which will be documented in a Proposal (as defined below).
SUBCONTRACTORS. Lessen performs the Work using independent subcontractors (“Service Providers”). We will be responsible for all acts and omissions of our Service Providers. Nothing in the Agreement will create any contractual relationship between you and any such Service Provider, nor will it create any duty on the part of you to pay any such Service Provider, except as may otherwise be required by laws and regulations.
CONTRACT PRICE. You will pay us the amount stated on the Work Order (“Contract Price”) for completion of the Work. In the event a Work Order will cost in excess of the established not-to-exceed (“NTE”) amount, we will send you a proposal outlining such increase for your approval (“Proposal”).
DIFFERING SITE CONDITIONS. If, in the performance of Work, Lessen finds latent, concealed, or subsurface physical conditions which differ from the conditions reasonably expected, or if physical conditions are materially different from those normally found and generally recognized as inherent in the Work provided for in the Work Order (“Differing Site Conditions”), then the parties agree to work together to determine whether a Proposal would allow completion of the Work. If the Differing Site Condition discovered by Lessen is a known or suspected “Hazardous Material” (meaning any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal or clean-up), Lessen shall be entitled to immediately stop the Work in the affected area and report the condition to you and, if required, the authority having jurisdiction. Lessen shall be entitled to an equitable adjustment to the Contract Price and the time for performance for any adverse impact thereto due to the presence of such known or suspected Hazardous Material, which shall be reflected in a Proposal or new Work Order. Unless agreed in the Work Order, the Work does not include detection, reporting, permitting, analysis, or abatement of asbestos, Hazardous Material, or toxic materials, including without limitation molds and fungus. Lessen shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or exposure of people to, Hazardous Material or toxic substances in any form.
YOUR OBLIGATIONS. Your acceptance of the Work Order serves as your written permission for us to schedule the Work. You must provide reasonable and safe access for us to perform the Work. If you fail to provide us with such access, we may discontinue the Work and charge you for any incurred costs. You shall cooperate and work in good faith with us and our Service Providers, at no additional cost to us. If applicable to the Work, you will provide a plan and profile of existing utilities. Unless otherwise stated herein or a Work Order, you shall secure and pay for necessary permits, approvals, easements, assessments, and charges required to complete the Work. You will cooperate and respond promptly to avoid delay in orderly progress of the Work and are responsible for obtaining all necessary approvals from your HOA promptly, if applicable.
PAYMENT. By accepting a Work Order, you acknowledge that we will pre-authorize your credit card up to the NTE amount listed in the Work Order. Payment for the Contract Price shall be due immediately upon completion of the Work and will be charged to the credit card on file. The making of final payment shall be a waiver of claims by you except those arising from (i) unsettled warranty arising out of the Agreement during the Warranty Period (defined below); (ii) unsettled indemnification Claims (defined below); or (iii) terms of special warranties required by the Agreement. Any payment that is not received when due or that is reversed or declined shall bear interest at the lesser of 1.5% interest per month or the highest rate permissible under applicable law.
LIMITED WARRANTY. For a period of thirty (30) days from completion of the Work or such longer period as may be prescribed by laws or regulations (the “Warranty Period”), we represent and warrant that: (i) all Work will be performed in a professional and workpersonlike manner and in accordance with a Work Order; (ii) we will use appropriately licensed Service Providers; (iii) we will follow all applicable laws and regulations in performing the Work; (iv) all materials and equipment will be new, except as otherwise provided in a Work Order; and (v) all materials and equipment will be installed and connected in accordance with the instructions of the applicable manufacturer or supplier. If any Work is determined to be deficient by Lessen, we will correct such deficiency cost to you. At completion, we will pass through to you all warranties obtained from any material and/or equipment suppliers to you. Any warranty issues arising related to material and/or equipment after completion must be addressed directly with the material and/or equipment supplier. You agree to look only to the suppliers of the material and equipment for any claims related thereto and acknowledge that you have selected the materials and equipment included in the Work based upon your own judgment and with no reliance upon statements made by us and that we shall have no liability for any damages, whether direct, indirect, general, special, incidental, exemplary, or consequential, incurred by you because of any defect or malfunction of any material and/or equipment.
WARRANTY REMEDY. Our sole obligation and your exclusive remedy for any breach of the limited warranty by us, is, at our option, the correction of the nonconforming Work or the refund of an amount not to exceed the actual payments received by us for such Work. This warranty applies to you only and is not transferable or assignable. This limited warranty shall not apply to any Work where the damage or defect results from: (i) alterations to the Work not performed by us, (ii) abuse of, or damage to, the Work caused by third parties, (iii) improper use of the material and equipment other than for its intended purpose, or your failure to properly operate or maintain the Work, including monitoring or servicing equipment if required by the specifications, and (iv) normal wear and tear. This Agreement is solely to benefit the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature under or from this Agreement.
WARRANTY CLAIMS. To submit a warranty claim, you must request a new Work Order, describing the condition of the item(s) requiring repair and providing photo documentation of the issue, if possible. All warranty requests must be received by us within thirty (30) days of completion. We, in our sole discretion, will review all warranty requests to determine whether the reported issue is covered by this limited warranty. If your warranty claim is validated by us, we will identify a date and time for our Service Provider to return to the site to complete the repair and notify you in advance of the repair date and time. Performance of any warranty work shall not extend the Warranty Period.
WARRANTY DISCLAIMER. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THESE TERMS, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, HEREUNDER OR WITH RESPECT TO THE WORK, AND WE, TO THE MAXIMUM EXTENT LAWFUL HEREBY DISCLAIMS ANY AND ALL AND EACH AND EVERY EXPRESS OR IMPLIED WARRANTIES, WHETHER ESTABLISHED BY STATUTORY, COMMON; CASE LAW OR OTHERWISE, AS TO THE DESIGN, CONSTRUCTION, SOUND AND/OR ODOR TRANSMISSION, EXISTENCE AND/OR DEVELOPMENT OF MOLDS, MILDEW, TOXINS OR FUNGI, FURNISHING AND EQUIPPING OF THE PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, COMPLIANCE WITH PLANS, ALL WARRANTIES IMPOSED BY STATUTE AND ALL OTHER EXPRESS AND IMPLIED WARRANTIES OF ANY KIND OR CHARACTER. YOU AGREE THAT WE HAVE NOT GIVEN AND YOU HAVE NOT RELIED ON OR BARGAINED FOR ANY SUCH WARRANTIES. YOU AGREE THAT YOU HAVE NOT RECEIVED NOR RELIED ON ANY WARRANTIES AND/OR REPRESENTATIONS FROM US OF ANY KIND, OTHER THAN AS EXPRESSLY PROVIDED HEREIN. AS TO ANY IMPLIED WARRANTY WHICH CANNOT BE DISCLAIMED ENTIRELY, ALL SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES ARE SPECIFICALLY EXCLUDED AND DISCLAIMED (CLAIMS FOR SUCH SECONDARY, INCIDENTAL AND CONSEQUENTIAL DAMAGES BEING CLEARLY UNAVAILABLE IN THE CASE OF IMPLIED WARRANTIES WHICH ARE DISCLAIMED ENTIRELY ABOVE).
COMMUNICATION & PRIVACY. By providing your contact information, you expressly consent and agree to accept being contacted by us and our Service Providers, via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means. Your personal data will be managed under our Privacy Policy here: https://www.lessen.com/privacy-policy and to the extent you access our technology platform, you must accept our platform terms and conditions to log in.
INSURANCE. While performing Work, we shall carry the following insurance: (i) worker's compensation insurance as required by statute (but not less than $500,000); (ii) employer’s liability coverage with minimum limits of $500,000 per accident or employee illness; (iii) fidelity or crime insurance coverage of its employees performing Work in the amount of $250,000 per occurrence; and (iv) commercial general liability coverage with a minimum limit of not less than $1,000,000 per occurrence (which may be met with any combination of primary and umbrella or excess coverage). Upon request, we will provide certificates of insurance evidencing the insurance required under this Agreement. You and Lessen each waive all rights against each other and any Lessen’s employees and Service Providers for damages caused by fire, or other causes of loss, to the extent those losses are covered by property insurance required by this Agreement or other property insurance applicable to the Property, except such rights as either party has to proceeds of such insurance. The policies of insurance bought and maintained by each party agreeing to waive claims under this Section shall not prohibit this waiver of subrogation. If during the performance of the Work you insure properties, real or personal or both, at or adjacent to the site by property insurance under policies separate from those insuring the Property, or if after final payment property insurance is to be provided on the completed Work on the Property through a policy or policies other than those insuring the Work during our performance of the Work, to the extent permissible by such policies, you agree to waive all rights for damages caused by fire or other causes of loss covered by this separate property insurance.
INDEMNIFICATION. We agree to defend you from any claims, suits, judgments, actions, proceedings, or investigations of any kind or nature (“Claims”) (or settle such Claims on your behalf) to the extent directly caused by the gross negligence or willful misconduct of us, our employees and Service Providers in connection with this Agreement and shall indemnify and hold you harmless from any loss, damage, liability, fine, penalty, settlement amount, cost and expense (including, but not limited to, reasonable attorneys’ fees and dispute resolution expenses) of any kind or nature incurred (collectively, “Losses”) to the extent awarded in a final judgment by a court of competent jurisdiction or a validly appointed arbitrator. You agree to indemnify, defend and hold harmless Lessen and its employees and Service Providers from and against any Losses in connection with Claim arising from or related to (i) your negligent acts or omissions or intentional misconduct or anyone directly or indirectly employed by you or anyone for whose acts you may liable; (ii) any personal or bodily injury or death or property damage caused by you, your Property, anyone directly or indirectly employed by you or anyone for whose acts you may be responsible; provided however, that you shall not be obligated for any indemnification to the extent such Claim was directly caused by the negligence or willful misconduct of us, our employees or Service Providers. Any party seeking indemnification from a Claim under this provision (the “Indemnitee”) shall notify the party from whom indemnification is sought (the “Indemnitor”) of Indemnitee’s notice of any claim, proceeding or investigation. Such notice shall (i) be in writing, (ii) be delivered to Indemnitor promptly after Indemnitee receives notice of such Claim (although failure to promptly notify the Indemnitor shall not relieve it of its indemnification obligations unless such failure materially prejudices its ability to defend the Claim), and (iii) indicate the nature and basis of the Claim. The Indemnitee shall permit the Indemnitor to control the defense and settlement of the Claim. The Indemnitee may not consent to any settlement or judgment in connection with the Claim without the Indemnitor’s prior written consent. The Indemnitee may participate in the defense of the Claim with its own counsel at its own expense.
TERMINATION. If we breach any of our obligations under this Agreement, then you may give us written notification identifying such breach. If we have not cured such breach within seven (7) calendar days from its receipt of your written notification or if such breach cannot be cured within such seven (7) day period, then if we either do not begin cure within such seven (7) day period or fail to diligently prosecute cure to completion, you may terminate this Agreement. If you breach any of your obligations under this Agreement, then we may give you written notification identifying such breach. If you have not cured such breach within seven (7) calendar days from your receipt of our written notification, or if such breach cannot be cured within such seven (7) day period, then if you either do not begin cure within such seven (7) day period or fail to diligently prosecute cure to completion, we may terminate this Agreement. This Agreement may be terminated immediately by either party if the other party is dissolved or liquidated, makes a general assignment for the benefit of its creditors, or files or has filed against it a petition in bankruptcy or has a receiver appointed for a substantial part of its assets. Either you or we may terminate a Work Order with five (5) business days prior written notice, subject to the following sentence. Upon termination, you shall pay us for (i) the Work performed through the effective date of termination, (ii) direct costs paid or for which we are liable in connection with the Work, and (iii) cancellation costs payable to third parties, in each case under the applicable Work Order. In the event we terminate this Agreement due to your breach, you shall also pay Lessen an amount equal to ten percent (10%) of the total of subsections (i)-(iii) herein as an early termination fee.
DISPUTE RESOLUTION & MANDATORY ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Where the relief sought by you is $10,000.00 or less, the parties agree to settle any dispute, claim, question, or disagreement arising out of or relating to this Agreement directly through good faith negotiations. All disputes where the relief sought by you is $10,00.01 or more shall be resolved by binding arbitration. This arbitration will be administered by JAMS under its JAMS Streamlined Arbitration Rules and Procedures in Phoenix, Arizona, or if that entity is unavailable or declines, a similar impartial tribunal. The ruling of said tribunal shall be binding and non-appealable. Judgment upon an award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this provision shall prohibit a party from seeking an injunction or order of specific performance in a court of competent jurisdiction to the extent that such equitable remedy may exist.
CLASS ACTION WAIVER. YOU AND LESSEN AGREE THAT EACH MAY BRING BILATERAL CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A REPRESENTATIVE PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING, WHETHER IN COURT OR IN ARBITRATION. FURTHER, IF THE PARTIES’ DISPUTE IS RESOLVED THROUGH BILATERAL ARBITRATION, THE ARBITRATOR MAY NOT COMBINE OR CONSOLIDATE ANOTHER PERSON'S CLAIMS WITH YOUR CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
WAIVER OF JURY TRIAL. WITHOUT MODIFYING THE PARTIES’ AGREEMENT TO RESOLVE DISPUTES AS SET FORTH ABOVE, YOU AND LESSEN EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING ANY WORK ORDERS, EXHIBITS, SCHEDULES, RIDERS, AND APPENDICES ATTACHED TO THIS AGREEMENT, OR THE TRANSACTIONS CONTEMPLATED HEREBY.
LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL EITHER YOU OR LESSEN BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR SIMILAR DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND REGARDLESS OF THE CAUSE OF ACTION FROM WHICH THEY ARISE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, COMMERCIAL LOSS, BUSINESS INTERRUPTION, BREACH OF SECURITY, LOSS OF USE, OR LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. IN ADDITION, IN NO EVENT WILL EITHER YOUR OR OUR AGGREGATE LIABILITY FOR ANY CLAIMS OF ANY KIND ASSOCIATED WITH THIS AGREEMENT EXCEED TO TOTAL AMOUNTS DUE OR PAYABLE UNDER THIS AGREEMENT. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT INCREASE THIS LIMIT. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED TO YOU BY LESSEN AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE US. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT. NO OFFICERS, DIRECTORS, PRINCIPALS, FOUNDERS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, MEMBERS, MANAGERS OR AGENTS OF LESSEN SHALL HAVE ANY PERSONAL LIABILITY UNDER OR RELATING TO THIS AGREEMENT.
NON-SOLICITATION OF SERVICE PROVIDERS. To the fullest extent permitted by applicable law, during the term of this Agreement, and for twelve (12) months thereafter, you agree not to, either through or on behalf of yourself, a third party or another person/entity, whether directly or indirectly, solicit any services or work directly from, or attempt to interfere with our relationship with our Service Providers.
MISCELLANEOUS. This Agreement shall be governed by and construed under the laws of the state in which the Work is performed, without regard to its conflicts of laws principles. This Agreement contains all understandings and agreements between you and Lessen regarding the subject matter contained herein. Any change or addition to this Agreement must be in writing and signed by the other party, except that Lessen may update these Terms by posting a modified version of these Terms to our website or mobile app and providing you with email notice. To the extent any clause or provision of this Agreement shall be determined to be invalid and/or unenforceable, such clause or provision shall be deleted and the validity and enforceability of the remainder of this Agreement shall be unaffected. No failure or delay by a party in exercising any right or remedy under this Agreement will operate as a waiver thereof, and any waiver will be enforceable only if made in a signed writing by the party waiving the right or remedy. This Agreement may be executed in or more counterparts (including electronic signatures), each of which will be deemed an original, but all of which together will constitute one and the same instrument. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the drafter of this Agreement. You and Lessen respectively bind themselves, their partners, successors, assigns, and legal representatives to the other party and to partners, successors, assigns, and legal representatives of such other party regarding covenants, agreements, and obligations in the Agreement. You may not assign the Agreement without the written consent of Lessen. All notices, requests, claims, demands, and other communications (each, a "Notice") shall be in writing and addressed to the parties at the addresses on the Work Order (or to such other address that may be designated by the receiving party occasionally under this Section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage pre-paid), with a copy of any such Notice sent via email to notices@lessen.com.
RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies provided by this Agreement are cumulative and the use of any one right or remedy by any party shall not preclude or waive the right to use any other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise.