Terms of Service

By contacting Prime Restoration, requesting an estimate or inspection, scheduling services, permitting our personnel to enter your property, accepting any work performed, or making any payment to Prime Restoration, you signify your unconditional acceptance of these Terms of Service. These Terms apply to all services performed by Prime Restoration, including but not limited to emergency mitigation, restoration, remediation, reconstruction, and any ancillary services.

Your continued use of our services following any modification to these Terms constitutes acceptance of the modified Terms. We reserve the right to update, amend, or modify these Terms at any time without prior notice. The most current version will always be available on our website. It is your responsibility to review these Terms periodically.

If you are engaging our services on behalf of a business, trust, estate, or any other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" and "your" shall refer to that entity.

We provide property restoration services including but not limited to water damage restoration, fire damage restoration, mold remediation, storm damage repair, sewage cleanup, and reconstruction. Services are subject to inspection and assessment.

The specific scope of services for each project will be determined following an on-site inspection and assessment. We reserve the right to modify the scope of work at any time if additional damage, hazardous conditions, or unforeseen circumstances are discovered during the course of restoration. Any material changes to scope will be communicated to the Client, but in emergency or time-sensitive situations, we may take immediate action to prevent further damage without prior Client approval.

We are licensed to perform restoration and reconstruction services in the State of Michigan. We do not provide architectural, engineering, legal, medical, environmental testing, or insurance adjustment services. Any referrals to third-party professionals are provided as a courtesy and do not constitute an endorsement or warranty of their services.

Restoration outcomes vary based on numerous factors including but not limited to the extent of damage, pre-existing conditions, environmental factors, material availability, and timing of intervention. We do not promise specific results, timelines, or outcomes.

Without limiting the generality of the foregoing, Prime Restoration LLC makes no representations or warranties — express, implied, statutory, or otherwise — regarding:

• The ability to fully restore any property, material, finish, or personal belonging to its pre-loss condition;
• Specific timelines for completion, including but not limited to drying times, material procurement, permit approvals, or reconstruction schedules;
• The prevention of secondary damage, including but not limited to mold growth, structural deterioration, odor persistence, or staining, particularly when intervention is delayed;
• The match of replacement materials (including paint color, flooring pattern, texture, or finish) to existing materials;
• The long-term durability or performance of restored or reconstructed areas;
• The effectiveness of mold remediation in preventing future mold growth, as mold may recur due to environmental conditions, moisture intrusion, or other factors outside our control;
• The elimination of all odors, contaminants, or biological agents following fire, smoke, water, or sewage damage.

All estimates of timelines, costs, and outcomes are provided as good-faith approximations and are expressly not warranties of any kind.

Prime Restoration may prepare damage assessments, scope-of-work documents, moisture readings, photographs, estimates, and other documentation ("Claim Support Documentation") to assist you in filing or supporting an insurance claim. However, the preparation of such documentation does not create any agency, fiduciary, or advisory relationship between Prime Restoration and you with respect to your insurance claim.

You acknowledge and agree that:

• All decisions regarding insurance coverage, claim approval, payment amounts, depreciation, deductibles, and policy interpretation are made solely and exclusively by your insurance carrier;
• Prime Restoration has no control over, and accepts no responsibility for, any decision made by your insurance carrier;
• Estimates and documentation provided by Prime Restoration may differ from the amounts approved or paid by your insurance carrier, and you remain personally responsible for any difference;
• Prime Restoration cannot promise that any insurance claim will be approved, fully funded, or paid in a timely manner;
• You are solely responsible for understanding the terms, conditions, limitations, and exclusions of your insurance policy;
• Any assistance we provide in communicating with your insurance carrier is a courtesy and does not constitute insurance adjustment, negotiation, or advocacy.

You agree that Prime Restoration shall not be held liable for any claim denial, underpayment, delay in payment, or any other adverse insurance decision. You are responsible for the full cost of services rendered regardless of insurance claim outcomes.

We do not adjust, negotiate, or advocate insurance claims on behalf of clients. We provide restoration services and associated documentation only.

Prime Restoration is a property restoration company. We are not licensed, registered, or authorized to negotiate insurance claims, insurance adjuster, insurance agent, insurance broker, or insurance consultant in the State of Michigan or any other jurisdiction. We do not:

• Negotiate, adjust, or settle insurance claims on your behalf;
• Advise you on the adequacy, fairness, or terms of any insurance settlement offer;
• Represent you in any dispute, mediation, arbitration, appraisal, or litigation with your insurance carrier;
• Interpret or advise you on your insurance policy terms, conditions, coverage, limits, or exclusions;
• Accept assignment of benefits or direct payment from your insurance carrier as a substitute for your payment obligation to us, unless otherwise agreed in a separate written contract.

If you require insurance claim advocacy, negotiation, or adjustment, we recommend consulting an attorney. Any referral we provide to such professionals is a courtesy only and does not constitute an endorsement.

We do not provide medical advice. We do not certify properties as safe or habitable. For health concerns related to mold, fire damage, or contaminated water, consult a licensed healthcare professional. For habitability assessments, consult a licensed building inspector.

Property damage events — including water intrusion, fire, smoke, sewage backups, and mold growth — may create conditions that pose health risks. Prime Restoration is not a medical provider, environmental health consultant, industrial hygienist, or public health authority. We do not:

• Diagnose, treat, or advise on any health condition or symptom;
• Test for or certify the absence of hazardous substances including but not limited to asbestos, lead paint, radon, volatile organic compounds (VOCs), or biological contaminants;
• Certify air quality, water quality, or environmental safety;
• Advise on the health risks of occupying a property before, during, or after restoration;
• Provide clearance testing following mold remediation (clearance testing should be performed by an independent, qualified third-party environmental consultant).

If you or any occupant of the property experience health symptoms that may be related to the property's condition, seek immediate medical attention from a licensed healthcare provider.

Our services do not constitute certification that a property is safe for occupancy. We restore properties but do not certify habitability.

Completion of restoration services by Prime Restoration does not constitute, and shall not be construed as, a certification, representation, or warranty that the property is safe for occupancy, habitable, or free from hazards. Determining whether a property is safe for occupancy is the responsibility of the property owner and/or a licensed building inspector, code enforcement official, or other qualified authority.

You acknowledge that:

• We do not issue certificates of occupancy, habitability certifications, or safety clearances;
• Local building codes, permits, and inspections may be required before a property can be re-occupied, and it is your responsibility to obtain all necessary approvals;
• Concealed or latent conditions may exist that are not visible or detectable during the restoration process;
• You assume all risk associated with occupying or allowing others to occupy the property following restoration services.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) Cap on Liability. The total aggregate liability of Prime Restoration, its members, managers, officers, employees, agents, contractors, and subcontractors (collectively, the "Released Parties"), arising out of or related to the services provided, these Terms, or any related agreement, whether in contract, tort (including negligence), strict liability, warranty, or any other legal theory, shall not exceed the total amount actually paid by you to Prime Restoration for the specific services giving rise to the claim. This cap applies regardless of whether the claim arises from a single incident or a series of related incidents.

(b) Exclusion of Damages. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF USE, LOSS OF DATA, DIMINUTION IN PROPERTY VALUE, COST OF SUBSTITUTE SERVICES, LOSS OF RENTAL INCOME, LOSS OF PERSONAL PROPERTY, EMOTIONAL DISTRESS, PAIN AND SUFFERING, OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND REGARDLESS OF WHETHER PRIME RESTORATION LLC WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Pre-Existing Conditions. Prime Restoration shall have no liability whatsoever for any damage, deficiency, or condition that existed prior to the commencement of our services, including but not limited to: pre-existing structural damage, pre-existing mold growth, pre-existing water damage, code violations, deferred maintenance, latent defects, or any condition not caused by or resulting from our services. We are not responsible for identifying, disclosing, or remediating pre-existing conditions unless expressly included in the agreed-upon scope of work.

(d) Decisions Based on Documentation. Prime Restoration LLC shall have no liability for any decisions you, your insurance carrier, your attorney, or any third party makes based on estimates, reports, photographs, moisture readings, assessments, or any other documentation we provide. All documentation is prepared for informational purposes only and should not be relied upon as legal, financial, medical, or insurance advice.

(e) Third-Party Actions. We are not liable for damage caused by third parties, including but not limited to other contractors, subcontractors not engaged by us, utility companies, insurance adjusters, or any other person or entity not under our direct control.

(f) Statute of Limitations. Any claim arising out of or related to the services provided by Prime Restoration must be brought within one (1) year from the date the services giving rise to the claim were completed, or the claim shall be permanently barred.

You agree to indemnify, defend, and hold harmless Prime Restoration LLC, its members, managers, officers, employees, agents, contractors, subcontractors, and affiliates (the "Indemnified Parties") from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees, expert witness fees, court costs, and settlement amounts) arising out of or related to:

• Your breach of any provision of these Terms;
• Your misrepresentation of ownership, authority, or authorization to permit work on the property;
• Any claim by a third party (including but not limited to co-owners, tenants, lienholders, mortgage holders, or homeowners' associations) arising from the services we performed at your direction;
• Your failure to maintain, insure, or protect the property following the completion of restoration services;
• Any claim arising from your use of or reliance on documentation, estimates, or reports provided by Prime Restoration;
• Any claim arising from pre-existing conditions at the property that are attributed to Prime Restoration's services;
• Your negligence, willful misconduct, or violation of any applicable law, regulation, or ordinance.

This indemnification obligation shall survive the termination or completion of the services and these Terms.

Estimates Are Not Binding. All estimates, quotes, and proposals provided by Prime Restoration are good-faith approximations based on visible conditions at the time of inspection. Actual costs may vary and may exceed initial estimates due to hidden damage, unforeseen conditions, material price fluctuations, code requirements, or changes in scope. You agree to pay the actual cost of services rendered, which may differ from any initial estimate.

Payment Obligation. Payment is due upon completion of services unless otherwise agreed in writing. For projects involving multiple phases, progress payments may be required. You are personally responsible for the full cost of all services rendered, regardless of insurance claim status, coverage decisions, or payment delays by your insurance carrier.

Late Payment. Invoices not paid within thirty (30) days of the invoice date shall accrue interest at the rate of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less. You shall be responsible for all costs of collection, including but not limited to reasonable attorneys' fees, court costs, and collection agency fees.

Mechanic's Lien. Prime Restoration reserves all rights under the Michigan Construction Lien Act (MCL 570.1101 et seq.) to file a construction lien against the property for any unpaid amounts.

Deposits. We may require a deposit prior to commencing work. Deposits are non-refundable to the extent that materials have been ordered or work has commenced, unless otherwise specified in writing.

By engaging Prime Restoration, you certify and warrant that you are the lawful owner of the property or that you have obtained written authorization from the property owner to authorize restoration work on the property. You represent that you have full legal authority to grant Prime Restoration access to the property and to authorize all work to be performed.

You further acknowledge and agree that:

• You grant Prime Restoration and its employees, agents, contractors, and subcontractors a license to enter the property as necessary to perform the agreed-upon services;
• You will provide safe, unobstructed access to the work area and will remove or secure personal property, valuables, and pets as reasonably necessary;
• You will disclose all known hazards, including but not limited to: asbestos, lead paint, structural instability, aggressive animals, security systems, and any other condition that may pose a risk to our personnel;
• If you are a tenant, property manager, or agent, you represent that you have obtained all necessary authorizations from the property owner and that the property owner is bound by these Terms;
• Prime Restoration is not liable for damage to personal property that was not removed from the work area after reasonable notice was provided.

Before Work Commences. You may cancel scheduled services by providing written notice at least forty-eight (48) hours before the scheduled start date at no charge. Cancellations made less than forty-eight (48) hours before the scheduled start date may be subject to a cancellation fee to cover mobilization costs, scheduling losses, and materials already procured.

After Work Commences. Once work has commenced, you are responsible for payment of all services rendered, materials procured, and costs incurred through the date of cancellation, plus a reasonable demobilization fee. Cancellation of work in progress does not relieve you of your payment obligation for work already performed.

Emergency Services. Emergency mitigation services (water extraction, board-up, tarping, etc.) cannot be cancelled retroactively. By authorizing emergency services, you accept responsibility for the full cost of those services.

Company Cancellation. Prime Restoration reserves the right to cancel, suspend, or refuse services at any time if: (a) hazardous conditions are discovered that pose an unreasonable risk to our personnel; (b) the Client fails to make required payments; (c) the Client breaches any provision of these Terms; or (d) for any other reason at our sole discretion.

All content on the Prime Restoration website — including but not limited to text, graphics, logos, images, photographs, videos, software, design elements, and compilation thereof — is the exclusive property of Prime Restoration or its licensors and is protected by United States copyright, trademark, and other intellectual property laws.

All estimates, reports, scope-of-work documents, photographs, moisture maps, diagrams, and other documentation prepared by Prime Restoration LLC in the course of providing services ("Work Product") are and shall remain the intellectual property of Prime Restoration. We grant you a limited, non-exclusive, non-transferable license to use Work Product solely for the purpose of supporting your insurance claim and maintaining records related to your property. You may not reproduce, distribute, publish, or use Work Product for any commercial purpose without our prior written consent.

You may not copy, modify, distribute, sell, lease, or create derivative works from any Prime Restoration content or Work Product without our express written permission.

By engaging our services, you authorize Prime Restoration to photograph and video record the property and work performed. These images may be used for documentation, quality assurance, training, marketing, and promotional purposes. No personally identifiable information will be associated with marketing materials without separate written consent.

You specifically acknowledge and agree that:

• Prime Restoration may photograph and/or video record the property before, during, and after the performance of services;
• Such photographs and videos may be used in marketing materials, social media, website content, advertising, case studies, training materials, and industry publications;
• Photographs and videos are the property of Prime Restoration and may be used in perpetuity without additional compensation to you;
• Property addresses, owner names, and other personally identifiable information will not be disclosed in marketing materials without your separate written consent;
• You may opt out of marketing use (but not documentation use) by providing written notice to Prime Restoration prior to the commencement of services.

Prime Restoration shall not be liable for any delay, failure to perform, or interruption of services resulting from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, pandemics, epidemics, government orders or restrictions, civil unrest, war, terrorism, labor disputes, strikes, supply chain disruptions, material shortages, utility failures, extreme weather conditions, road closures, permit delays, or any other event beyond our reasonable control ("Force Majeure Event").

In the event of a Force Majeure Event, our obligations under these Terms shall be suspended for the duration of the event. We will make reasonable efforts to resume services as soon as practicable. A Force Majeure Event shall not relieve you of your obligation to pay for services already rendered.

Governing Law. These Terms and any disputes arising out of or related to the services provided by Prime Restoration LLC shall be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of laws principles.

Mandatory Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms, the services provided, or the breach, termination, or validity thereof, shall be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in Macomb County, Michigan. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against Prime Restoration.

Jurisdiction. To the extent that any dispute is not subject to arbitration or the arbitration clause is found unenforceable, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Macomb County, Michigan. You waive any objection to jurisdiction or venue in such courts.

Attorneys' Fees. In any dispute arising under these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs from the non-prevailing party.

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and all remaining provisions shall continue in full force and effect.

It is the express intent of the parties that each provision of these Terms be enforced to the fullest extent permitted by law. If any limitation of liability, indemnification, or other protective provision is found unenforceable, it shall be reformed to provide the maximum protection permitted by applicable law rather than voided entirely.

These Terms of Service, together with any written work authorization, estimate, contract, or change order signed by you and Prime Restoration, constitute the entire agreement between you and Prime Restoration with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous oral or written communications, proposals, representations, warranties, and agreements between the parties relating to such subject matter.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

No modification, amendment, or waiver of any provision of these Terms shall be effective unless in writing and signed by an authorized representative of Prime Restoration.

If you have questions about these Terms of Service, please contact us:

Emergency services are provided on a best-effort basis. Response times are estimates only.

Prime Restoration offers emergency response services including but not limited to: water extraction, emergency board-up, roof tarping, sewage cleanup, and emergency mitigation. While we strive to respond promptly to all emergency requests, you acknowledge and agree that:

• Response times are approximate and depend on factors including call volume, crew availability, weather conditions, traffic, distance, and the nature and scale of the emergency;
• We cannot promise any specific response time, arrival time, or completion time for emergency services;
• During widespread disasters, storms, or catastrophic events, response times may be significantly extended due to overwhelming demand;
• Emergency services may be limited in scope to immediate mitigation and stabilization; full restoration services may require separate scheduling;
• We are not liable for any damage that occurs or worsens during the period between your initial contact and our arrival on-site;
• Emergency services are subject to all other provisions of these Terms, including but not limited to limitation of liability, payment terms, and indemnification.

In the event of a life-threatening emergency, fire, gas leak, or structural collapse, call 911 immediately. Prime Restoration is a property restoration company, not an emergency rescue service.