TERMS AND CONDITIONS
1. General. This proposal (“Agreement”) is subject to change without notice prior to full acceptance by
Contractor and is automatically withdrawn on the 15th day following the date of issue if not accepted in
writing and a copy of this proposal returned to RED FOX ROOFERS, LLC (“Contractor”). If Customer
cancels this Agreement prior to the start of work, and not before midnight of the third business day after
Customer signs this Agreement, Customer is liable for 15% of the total Agreement price as liquidated
damages because Contractor is unable to accurately measure its damages for the cancellation of the
Agreement. By executing this Agreement, Customer and Contractor agree that the liquidated damages
amount is not a penalty. All documentation/loan packages from a third party will be sent directly to
Customer. Customer agrees and understands that the financed amount may increase based on change
orders or material costs and is subject to lender approval. If lender does not approve said costs, then
Customer is responsible for additional costs. Contractor reserves the right to cancel this Agreement prior
to commencing work if the cost to complete the work varies from the initial standard pricing due to a
typographical or mathematical error. As used in this Agreement, (a) the word “or” is not exclusive, (b) the
word “including” is always without limitation, (c) “days” means calendar days and (d) singular words
include plural and vice versa.

2. Access. Customer shall provide Contractor with adequate access to electricity and other utilities as
needed, the work site, and the work area adjacent to the structure. Contractor disclaims any and all
liability for the grading, leveling, slope or construction of the roof deck, the roofing system, structure
and/or appurtenances. Customer represents to Contractor that all of the existing surfaces are suitable to
receive the materials identified in the scope of work. Customer shall provide Contractor with access to
deliver and/or remove materials and debris. Prior to the commencement of work, Customer shall provide
Contractor with access to the interior of the structure, upon reasonable notice by Contractor, to inspect
the premises for stains, ceiling damage and/or structural damage. Contractor shall not be responsible for
any preexisting stains, ceiling damage and/or structural damage. Customer shall provide Contractor with
all information necessary to prepare the Notice of Commencement. Customer and/or owner shall hold
harmless and indemnify Contractor from all damages, liabilities, attorney’s fees and other expenses
incurred as a result of the Customer and/or Customer’s failure to fulfill its obligations under this
paragraph.

3. Payment Terms. By signing this Agreement, Customer gives Contractor the right to obtain a credit check
on the signatory. Customer agrees to pay interest at the rate of 1 1/2 % per month (ANNUAL
PERCENTAGE RATE OF 18%), unless otherwise required by law, on the balance of any and all unpaid
amounts. The total Agreement amount, including the charges for changes/extras outside the scope of
work identified herein, shall be payable to Contractor in accordance
with the Agreement. No portion of the agreed upon payment may be withheld, back charged or used as
a setoff of the agreed upon payment amount without the written consent of Contractor. Customer
acknowledges that the full contractual amount plus any additional amount for Change Orders will be due
immediately upon substantial completion. Customer acknowledges and agrees that it has an
independent obligation to pay Contractor. If Customer does not make payment, Contractor shall be
entitled to recover from Customer all costs of collection incurred by Contractor, including attorney’s fees,
costs, and expenses incurred whether or not litigation is initiated. Collection matters may be processed
through litigation or arbitration at Contractor’s sole discretion. If Customer fails to pay Contractor in
accordance with this Agreement, then Contractor may, at its sole discretion, suspend performance of all
work, suspend shipments and/or warranties until full payment is made, and/or terminate this Agreement.
If a suspension occurs that is not caused solely by the Contractor, the Agreement sum shall be
increased by the amount of contractor’s reasonable costs of shut-down delay and start-up. The parties
acknowledge and agree that the substitution of materials and price adjustments may be required based
on changes in material availability and the cost to obtain and deliver materials to the project between the
date of this Agreement and the delivery date. In such event, Contractor and Customer shall work
together in good faith to identify substitute materials that are similar in price and quality and that do not
cause an increase to the Agreement amount. If Customer selects substitute materials that increase the Agreement amount, then the Agreement will be adjusted to reflect the additional costs incurred by the
Contractor to purchase and deliver the materials.

4. Change Order: Customer agrees and consents to the following change order/wood costs: Each
additional layer of top roof covering: $45.00 per square (100 square feet). Each additional layer of
underlayment: $7.50 per square (100 square feet). Each additional sheet of decking replacement:
$80.00 per sheet if OSB and $100.00 per sheet if Plywood). Additional linear lumber replacement:
$4.00 per linear foot. This is above and beyond the roofing quote and does not require an additional
signature.

5. Site Conditions. Should the Contractor discover concealed or unknown conditions in the existing
structure that vary from those conditions ordinarily encountered and generally recognized as inherent in
the work of the character identified in this Agreement, then the Agreement amount shall be equitably
adjusted upon notice thereof from the Contractor to the Customer for the costs incurred by Contractor to
perform the work.

6. Sealed Attic Liability Exclusion: Contractor shall not be liable for any roof or structural related issue
arising out of or relating to combining a sealed attic system with a self-adhered underlayment, and
Customer agrees to indemnify and hold harmless Contractor for any and all damages arising out of said
condition.
Restrictions and Requirements. Contractor shall carry worker’s compensation, automobile liability,
commercial general liability and any other insurance required by law. In the event that state, county, or
municipal codes or regulations require work not expressly set forth in this Agreement or that differs
materially from that generally recognized as inherent in work of the character provided for in this
Agreement, all extra costs for Contractor’s labor and materials shall be the sole obligation of the
Customer. If the substrate roof condition results in ponding pursuant to the Building Code and
modifications are required to correct the roof so ponding will not occur, Contractor will notify Customer
immediately. Prior to executing this Agreement, Customer shall notify Contractor in writing of all property
and deed restrictions and/or covenants that relate to or restrict the improvements contained in this
Agreement and shall obtain all necessary approvals for the work from any architectural review board,
and/or association board. If Customer fails to comply with the notice provisions found herein, Contractor
shall not be responsible for work performed that does not comply with or conform to the property
restrictions or covenants. Customer shall pay Contractor for all work performed in violation of any
covenant or restriction if Customer failed to notify Contractor in writing prior to executing this Agreement.

7. Customer Protection of Property. Contractor shall be responsible for damages to the Customer’s
property to the extent directly caused by Contractor’s negligence. Contractor shall, to the extent
reasonably practicable, take reasonable precaution to prevent damage to Customer’s property. However,
Customer acknowledges that, based on the nature of the work Contractor performs, there are certain
damages that could arise to Customer’s property, including but not limited to, damage to Customer’s
stucco, brick, mortar, concrete blocks, wood, window frames, window seals, window glass or equivalent
material, siding, awning, electrical lines, plumbing lines, curbs, walkways, driveways, structures, septic
tanks, HVAC, utility lines, pipes, gutters, landscaping, driveways, appurtenances, or other real or
personal property at the project location during construction, and as a result, Customer shall take all
reasonable precautions to secure and protect Customer’s property and to avoid damages or injury prior
to and throughout Contractor’s performance. Unless otherwise specified, there is no specific completion date for Contractor’s work. Contractor will perform the work within a reasonable time and in a workmanlike manner. If Customer requests Contractor to install permanent safety brackets to the subject
roofing system, Customer hereby authorizes Contractor and its subsidiaries, affiliates, employees,
agents, suppliers, and subcontractors to have sole access to use the safety brackets during Contractor’s
performance of the work. Accordingly, Customer hereby releases, acquits and forever discharges, and
shall indemnify and defend Contractor from any and all claims, demands, damages, rights, and causes
of action of every kind, nature and description whatsoever, arising out of or by reason of or in any
manner connected with the unauthorized use of the safety brackets by the Customer or any third party.
8. Choice of Law, Venue and Attorney’s Fees. This Agreement shall be governed by the laws of the State of
Florida. Venue of any proceeding arising out of this Agreement shall be Duval County, Florida. The nonprevailing
party in any legal or equitable action arising out of or relating to this Agreement including
arbitration, administrative, appellate and/or bankruptcy proceedings shall reimburse the prevailing party
on demand for all attorney’s fees, costs, and expenses incurred by the prevailing party in connection
with the action.

9. Jury Trial Waiver. In the event of litigation between the parties to this Agreement, the parties
KNOWINGLY, VOLUNTARILY, IRREVOCABLY AND INTENTIONALLY WAIVE THE RIGHT TO A TRIAL
BY JURY IN RESPECT TO ANY LITIGATION ARISING OUT OF OR PERTAINING TO THE
AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALINGS, STATEMENTS
(WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PERSON OR PARTY RELATED TO THIS
AGREEMENT; THIS IRREVOCABLE WAIVER OF THE RIGHT TO A JURY TRIAL BEING A MATERIAL
INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT

10. Damage Limitation. In no event, whether based on contract, warranty (express or implied), tort, federal
or state statute or otherwise arising from or relating to the work and services performed under the
Agreement, shall Contractor be liable for special, consequential, punitive, or indirect damages, including
loss of use or loss of profits. Contractor and Customer agree to allocate certain of the risks so that, to
the fullest extent permitted by law, Contractor’s total aggregate liability to Customer is limited to the
dollar amount of the Agreement for any and all injuries, damages, claims, expenses or claim expenses
including attorneys’ fees arising out of or relating to this Agreement regardless of whether it is based in
warranty, tort, contract, strict liability, negligence, errors, omissions, or from any other cause or causes.

11. Warranties. Unless otherwise provided: THERE ARE NO EXPRESS OR IMPLIED WARRANTIES
WHATSOEVER INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. All warranties/guarantees
provided by Contractor, if any, shall be deemed null and void if Customer fails to strictly adhere to the
payment terms contained in the Agreement. Any express warranty provided, if any, by Contractor is the
sole and exclusive remedy for alleged construction defects, in lieu of all other remedies, implied or
statutory. Applicable Warranties hereunder will be issued upon completion and full payment of this
Agreement. If there is a breach in the applicable Manufacturer’s warranty according to the stated terms
and conditions of the warranty supplied, Contractor’s responsibility and liability to correct, supplement,
rectify, fix, etc. any and all issue(s) shall be void as a result of the breach of the Manufacturer’s warranty.

12. Claims. It is Customer’s duty to notify Contractor in writing within five (5) days of the occurrence of any
claim, defect or deficiency arising out of work, services or materials provided by Contractor under this Agreement (“Occurrence”). Under no circumstances shall the warranty work/repairs exceed the original
contract price. Failure of the Customer to provide written notice of the Occurrence shall result in the
Customer waiving all claims that may be brought against Contractor arising out of or relating to the
Occurrence, including claims arising in law, equity, contract, warranty (express or implied), tort or federal
or state statutory claims.

13. Acts of God; Delay. Contractor shall not be responsible for loss, damage or delay caused by
circumstances beyond its reasonable control, including but not limited to acts of God, weather,
accidents, fire, vandalism, federal, state or local law, regulation or order; strikes, jurisdictional disputes,
failure or delay of transportation, shortage of or inability to obtain materials, equipment or labor; changes
in the work and delays caused by others. In the event of these occurrences, Contractor’s time for
performance under this Agreement shall be extended for a time sufficient to permit completion of the
Work.

14. Unforeseen Decking Lines. Installation of a new roof to the deck area of the building requires nails
and/or screws to be inserted into the deck area. By code, electrical, telephone and security wiring and
air conditioning wiring and lines should not be installed directly beneath the roof deck. If Customer is
aware of these or any other such lines, Customer must notify Contractor prior to commencement of the
work. Contractor will use reasonable efforts to avoid damaging such lines; however, Contractor shall not
be responsible for the puncture of improperly installed lines or lines within three inches of the roof deck,
whether Customer provides notice or not. Customer accepts full responsibility for any repair or
replacement that may be necessary.

15. Customer Delay. The Parties agree that the Contractor should be permitted to execute its work without
interruption. If Contractor’s work is delayed at any time by any act or neglect of Customer and/or
Customer’s representatives, employees, agents, guests, or invitees, or any other contractor employed by
the Customer, or by any changes ordered in the work, then Contractor shall be reimbursed or paid for all
additional costs or damages incurred as a result. This shall include damages related to lost use of
equipment caused by the delay.

16. Disclaimer. Contractor disclaims all liability for all claims, disputes, rights, losses, damages, causes of
action or controversies (“Claims”) pertaining to mildew, algae, fungus, mold, and/or other indoor air
allergens (“Mold”) including Claims arising out or relating to the detection, removal, disposal, or
remediation of Mold, whether those Claims arise in law, equity, contract, warranty, tort, or federal or state
statutory claims, and whether those Claims are based on the acts or omissions of Contractor or
individuals or entities under Contractor’s control. The Customer is solely liable and
responsible for all damages, whether actual or consequential, caused by Mold and incurred by
Customer, Contractor or third parties, and agrees to indemnify and hold harmless Contractor from any
and all Claims arising out of or relating to Mold.

17. Asbestos/Lead Abatement. The cost for testing and abatement of asbestos and lead is the sole
responsibility of the Customer. Customer shall be responsible for indoor air quality during the work and
shall hold Contractor harmless, indemnify and defend Contractor from any and all claims, actions,
proceedings, and complaints arising out of or relating to fumes, odors, and/or the indoor air quality
during Contractor’s performance of the work.

18. Pre-Existing Conditions. Under no circumstances shall Contractor be responsible for damages caused
by preexisting conditions of which Contractor was not aware or could not have reasonable foreseen. In
particular, cracks, voids, chips, and other damage to stucco or masonry exterior finishes that may
contribute to water or moisture intrusion are not the responsibility of Contractor. Contractor will not be
held liable for damage caused by such damages or deficiencies. Customer acknowledges that
Contractor will be repairing work that was previously damaged by mold, water, termites, or other
conditions (“Pre-Existing Conditions”) unrelated to the work performed by Contractor. Accordingly,
Contractor disclaims all liability for all claims, disputes, rights, losses, damages, causes of action, or
controversies (“Claims”) pertaining to Pre-Existing Conditions, whether those Claims arise in law, equity,
contract, warranty, tort, or federal or state statutory claims. Customer is solely liable and responsible for
all damages, whether actual or consequential, arising out of or relating to Pre-Existing Conditions.

19. Working Hours. The Agreement is based upon the performance of all work during Contractor’s regular
working hours, excluding weekends and National holidays. Extra charges will be made for overtime and
all work performed other than during Contractor’s regular working hours if required by Customer.

20. Materials. All materials and work shall be furnished in accordance with normal industry tolerances for
color, variation, thickness, size, weight, amount, finish, texture and performance standards. Specified
quantities are intended to represent an average over the entire roof area. Contractor is not responsible
for the actual verification of technical specifications of product manufacturers, i.e., R value, ASTM or UL
compliance, but rather the materials used are represented as such by roofing and especially lengthy flat
span sheet metal panels will often exhibit waviness, commonly referred to as “oil-canning.” Oil-canning
pertains to aesthetics and not the performance of the panels and is not controlled by the Contractor.
Contractor is not responsible for oil-canning or aesthetics. Oil-canning shall not be grounds to withhold
payment or reject panels of the type specified. Title to roofing products passes to the Customer when
said products are delivered to the job site. In the event of impending high wind conditions, hurricanes,
tornados, or other adverse weather conditions, if Contractor is requested to remove/reposition product
from/on the job site, Contractor shall use its reasonable efforts (subject to weather conditions, life/safety
concerns and manpower/equipment constraints) to comply with the request. Customer agrees to
promptly pay Contractor for these extra services. Contractor is not responsible for any costs, damages,
claims, etc., associated with any remediation of supposed harm caused by a defective product if
Contractor did not know such products were defective prior to the installation of same. A defective
product shall not be grounds to withhold payment or reject the work performed by Contractor.

21. Construction and Interpretation. Each provision of the Agreement shall be construed as if both parties
mutually drafted this Agreement. If a provision of this Agreement (or the application of it) is held by a
court or arbitrator to be invalid or unenforceable, that provision will be deemed separable from the
remaining provisions of the Agreement, will be reformed/enforced to the extent that it is valid and
enforceable, and will not affect the validity or interpretation of the other provisions or the application of
that provision to a person or circumstance to which it is valid and enforceable. Headings are for
convenience only and do not affect interpretation. This Agreement records the entire agreement of the
parties and supersedes any previous or
contemporaneous agreement, understanding, or
representation, oral or written, by the parties. All documents/exhibits referred to in this Agreement are an
integral part of the Agreement and are incorporated by reference. This Agreement specifically
incorporates the documents entitled “Proposal/Contract,” “Statutory Warnings,” “Limited Workmanship
Warranty” (if applicable), and “Work Authorization” (if applicable), as well as any other document issued
to Customer by Contractor and intended to be a part of this Agreement (the “Contract Documents”).
Customer represents that he or she has read and fully understands the Contract Documents and has
been provided the opportunity to consult with counsel of his or her choosing prior to executing this
Agreement. In the event of a conflict between this Agreement and any other Contract Document, the order of precedence is Work Authorization (to the extent it exists) followed by these terms and
conditions.

22. Drone Disclaimer. Customer agrees that Contractor and/or any related entities, supplier, subcontractor,
or vendor may use a drone or other aerial device to take photos and/or videos if Customer’s property.
Customer hereby allows Contractor to use any images or video footage obtained for promotional, legal,
or any other use as desired by Contractor. In consideration for the added benefit received by Customer
by way of Contractor’s use of the aforementioned technology, Customer agrees to hold Contractor
harmless for any unintentional damage caused by the use of a drone to Customer’s real or personal
property.

23. Use of Photo and Likeness. I consent to photographs/videos/images being taken of my residence and
agree to allow my photo, video, or likeness to be used for any legitimate purpose by Red Fox Roofers,
LLC or its partners, producers, sponsors, organizers, and assigns, including but not limited to
promotional and marketing uses.

24. Severability. Customer and Contractor agree that each of the provisions included in this Agreement is
separate, distinct and severable from the other remaining provisions of this Agreement, and that the
invalidity of any Agreement provision shall not affect the validity of any other provision(s)
of this Contract.