This Membership Advisory Agreement (“Agreement”) is made by and between The Builders & Cleaners of NY LLC, a Massachusetts registered home improvement contractor duly registered with the Massachusetts Office of Consumer Protection, Registration No. #HIC 2125810-DCWP (“Contractor”) having its principal office at 1280 Lexington Ave FRNT 2 #1233, New York, NY 10028, and-

1. Services to be Provided. The Contractor shall provide the following advisory, consulting, evaluation, and analysis services (“Services”) to the Owner pursuant to the terms and conditions set forth in this Agreement. Although Contractor is a licensed Home Improvement Contractor, this is not a contract for home improvement or construction work and is only for the Services stated above and in the programs set forth below. This Agreement is made effective as of the date signed by the Owner.

2. Contract Programs. Check the Program you wish to purchase.

Bronze Program: $69 paid monthly or $745 paid for twelve (12) months in advance.

• Unlimited Phone calls to provide the Services in order to trouble shoot and provide recommendations to the Owner.
• 1 on-site visit as needed to assess the need for repairs, cleaning, remodeling work, and an immediate quote, subject to a final written contract.
• 1 on-site emergency visit (within 24-48 hours) per yearly contract period. During the emergency visit, Contractor will assess the situation and provide Owner with a quote. Membership does not include construction work which will be set forth in a separate written contract to be mutually agreed upon by Contractor and Owner.
• Membership is transferable to a new location if Owner moves.
• The date and time of each regular on-site visit and emergency visit MUST be scheduled with the Contractor.
• From 10% to 20% discount on all projects done with Contractor during the membership.

Silver Program: $99 paid monthly or $1,069 paid for twelve (12) months in advance

• Unlimited Phone calls to provide the Services in order to trouble shoot and provide recommendations to the Owner.
• 2 on-site visit as needed to assess the need for repairs, cleaning, remodeling work, and an immediate quote, subject to a final written contract.
• 2 on-site emergency visits (within 24-48 hours) per yearly contract period. During the emergency visit, Contractor will assess the situation and provide Owner with a quote. Membership does not include construction work which will be set forth in a separate written contract to be mutually agreed upon by Contractor and Owner.
• The date and time of each regular on-site visit and emergency visit MUST be scheduled with the Contractor.
• Membership is transferable to a new location if Owner moves
• From 10% to 20% discount on all projects done with Contractor during the membership.

Golden Program: $199 paid monthly or $2,149 paid for twelve (12) months in advance.

• Unlimited Phone calls to provide the Services in order to trouble shoot and provide recommendations to the Owner.
• 3 on-site visit as needed to assess the need for repairs, cleaning, remodeling work, and an immediate quote, subject to a final written contract.
• 3 on-site emergency visits (within 24-48 hours) per yearly contract period. During the emergency visit, Contractor will assess the situation and provide Owner with a quote. Membership does not include construction work which will be set forth in a separate written contract to be mutually agreed upon by Contractor and Owner.
• The date and time of each regular on-site visit and emergency visit MUST be scheduled with the Contractor.
• Membership is transferable to a new location if Owner moves.
• From 10% to 20% discount on all projects done with Contractor during the membership.

3. Starting Date and Completion Date. The Services shall commence on the date signed by the Contractor and continue on a monthly or yearly basis depending on the program and payment option chosen by the Owner. The Contractor or Owner can terminate at any time by giving the other party not less than forty-eight (48) hours advance notice of cancellation by email and the Owner will receive a pro rata credit for the amount paid for any time remaining. The Contractor reserves the right to change the terms of this Agreement or the monthly fee, but must give the Owner at least seven (7) calendar days advance notice by email, during which time the Owner may give notice of termination by email and the Owner will receive a pro rata credit for the amount paid for any time remaining.

4. General Provisions.
           a. In the event the Owner fails to pay any payment when it is due under this Agreement, the Contractor may suspend or cease Services, pending payment or resolution of any dispute. Any such suspension or cessation of Services by the Contractor shall not constitute a breach of this Contract.

           b. If the Owner fails to pay the Contractor all sums due under this Contract, the Contractor may avail itself of any and all remedies available to it under the law and all costs of collection, including reasonable attorney's fees as permitted by law, shall be borne by the Owner.

           c. The Contractor and Owner acknowledge that previously unknown conditions (hazardous or otherwise) may be uncovered at any job site, and in particular where existing structures are being demolished and/or remodeled to accommodate new construction or to reutilize existing facilities. Any quote or estimate for construction work cannot take into account all such previously unknown conditions. Should a previously unknown condition later be encountered on the job site once construction work commences, Owner acknowledges that the Contractor shall be entitled to adjustments in the time to perform, and the price to perform the work.

           d. No Other Agreements or Representations: This Agreement and any attachments hereto constitute the complete an exclusive statement of the agreement between the parties with respect to the subject matter hereof and shall supersede or proposals, prior agreements, contracts, and representations, oral or written, and all communications between the parties relating to the subject matter hereof. No representative of Contractor has authority to make representations, guarantees, warranties, contracts, or other promises other than as are expressly set forth in this Contract, and this Contract shall not be varied by any agreement or representation other than an instrument in writing executed by the duly authorized officer of Contractor and Owner.

5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachsuetts.

6. Entire Agreement; Assignability. This Agreement constitutes the entire understanding and agreement between the Contractor and the Owner and supersedes all prior representations and agreements. This Agreement may not be assigned by either the Contractor or the Owner.

7. Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable in any respect, in whole or in part, by a judgment, order or decree of any court of competent jurisdiction or the award of any arbitrator, the validity of the remaining terms and provisions, and of the remaining part of any terms or provisions held to be partially invalid, illegal or unenforceable, shall continue in full force and effect to the extent permitted, modified or adjusted by such judgment, order, decree or award.

8. Waiver. . No consent or waiver, express or implied, by the Contractor or the Owner to or of any breach or default in the performance by the other of its or his obligations under this Agreement shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance by such other party of the same or any other obligations of such party under this Agreement. Failure on the part of a party to complain of any act or failure to act on the part of the other party or to declare the other party in default, irrespective of how long such failure continues, shall not constitute a waiver by such party of its or their rights under this Agreement.

9. Dispute Resolution. Owner agrees to notify Contractor of all complaints in writing and allow Contractor a period of 30 days to respond to and/or resolve such complaint. The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) arising out of or relating to this Agreement or the Services hereunder (a “Dispute”) through negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. In the event the parties are unable to resolve the Dispute within thirty (30) days of notice of the Dispute to the other party, the parties agree to submit the Dispute to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a single arbitrator, and the judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be held in Berkshire County, Massachusetts, unless the parties mutually agree to hold the arbitration earing remotely by Zoom or another similar video conferencing platform as may be required by the AAA. The arbitrator shall not award either party exemplary or punitive damages, and the parties shall be deemed to have waived any right to such damages. The prevailing party shall be entitled to request its reasonable attorney’s fees and costs incurred in connection with such arbitration.

IN WITNESS WHEREOF, the Contractor and the Owner have executed this Agreement as of the dates signed below.

Owner

By:

Contractor - The Builders & Cleaners of NY, LLC