WORK AUTHORIZATION AND AGREEMENT
THIS AGREEMENT CONTAINS A PROVISION WHICHAT THE SOLE DISCRETEON OF DISASTER PLUS, MAY SUBJECT ANY DESPUTE ARISING HEREUNDER TO BINDING ARBITRATION PURSUANT TO S15-48-10 ET SEQ. OF THE SOUTHCAROLINA CODE
The undersigned, having the authority to do so, hereby authorizes Norris, Inc. d/b/a Disaster Plus (DP) to render such services as it deems reasonably necessary to protect the property located at
Article 1: The undersigned customer (the “Customer’) hereby understands and agrees that: Di is not employed by and does not represent any insurance company but has been hired by the Customer; that the Customer is responsible for making payment for all services rendered at the Property by DP, regardless of whether and to what extent there may be insurance for said services; that the Customer hereby agrees to hold harmless and indemnify DP from liability for personal injury or property damage arising from the unauthorized use of DP’s equipment or materials on the Property; that the Customer hereby waives and releases DP from all liability for damages of every nature and kind resulting from an order by or on behalf of the Customer for DP to cease providing its services prior to the completion of the same; that the Customer will provide timely information to DP related to Project for the safety and the protection of the Property and DP personnel, equipment, and materials; and, that the Customer may request from DP a written list of standard operating procedures, chemicals (with MSD sheets) intended to be used in performing the work, and rates for DP’s personnel and equipment and, upon the receipt of such information, the Customershall immediately review the same inform DP of any known hazards to the safety and health of the persons occupying the above-identified property.
Article 2: The Customer hereby understands and agrees that: DP and its subcontractors, if any, are hereby granted permission to enter the property with unlimited access to perform their work; that the accumulation of moisture in a structure may give rise to the presence of biological or other pollutants, which may pose significant health risks to certain individuals; that although DP will make every effort to identify existing biological or other pollutants and dry the structure, DP does not guarantee or assure that the Property is free of biological or other pollutants and shall not be held liable for hazards to health or structural damages caused by biological or other pollutants; that if the Property has suffered water damage, currently or in the past, which has or could result in the presence or growth of biological pollutants, the Customer is advised to contact a Certified Industrial Hygienist, environmental expert, or medical professional to engage their services.
Article 3: The Customer hereby understands and agrees that in the absence of a written estimate signed by DP and the Customer, the cost of DP’s work shall be determined on a time and materials basis. The standard charge for a DP employee’s time is based on an eight (8) hour workday, Monday through Friday. Any DP employee working (a) in excess of an eight (8) hour workday, Monday through Friday, or (b) during a weekend, will be billed at 1% times the standard hourly charge. Any DP employee working on a nationally observed holiday will be billed at 2% times the standard hourly charge.
Article 4: The Customer hereby authorizes payment directly to DP from the undesigned’s insurance carrier for the work performed pursuant heretoor, ifso requested by DP, to include DP as a co-payee on any draft or check issued by the Customer’s insurance carrier for all or part of the work performed by DP, Payment is due to DP within ten(10) days of the date of DP’s invoice for its work, and ail amounts past due shall accrue at the rate of 1.5% per month from the date of IDP’s invoice. In the event DP turns this matter over to its legal counsel for collection, the Customershall pay reasonable attorney’s fees, arbitration fees, court costs, and related expenses associated therewith. The law of the State of South Carolina shall apply to any disputes hereunder.
Article 5: The Customer understands and agrees that it specifically waives its right to a jury trial for any and all claims, demands, losses, and disputesofevery nature and kind arising out of or in any manner whatsoever related to this Work Authorization and Agreement ancifor the work performed by DP pursuant hereto. The Customer further understands and agrees that any and all disputes, claims, or demands arising out ofor in any manner whatsoever related to this Work Authorization and Agreement shall, at DP’s sole discretion and option, be decided by either by non-jury litigation or by arbitration as follows:
(A) If the Customer desires to assert any such dispute, claim, or demand against DP, the Customer shall provide written notice to DP of the same, and DP shall within 10 days after its receipt of said notice provide written notice to the Customer of DP’s decision regarding whether the dispute, claim, or demand is to be resolved by non-jury litigation or by arbitration. IfDP fails to provide the Customer with written notice of its decision as required hereunder, the Customer’s dispute, claim, or demand shall be resolved by arbitration to be conducted by a single arbitrator mutually agreed to by the parties, and the venue for the arbitration of any dispute hereunder shall be Charleston County, South Carolina. The award rendered in any arbitration may be enforced by any court having jurisdiction thereof,
(B) fP desires to assert any such dispute, claim, or demand against the Customer, DP shall choose from the following options at its sole discretion: (i) DP shall make written demand to the Customer for arbitration of the dispute, claim, or demand to be to be conducted by a single arbitrator mutually agreed to by the parties, and the venue for the arbitration shall be Charleston County, South Carolina, with the award rendered in any such arbitration being enforced by any court having jurisdiction thereof; or, (ii) DP shall file suit in the appropriate legal forum (Small Claims Court or Circuit Court) seeking a non-jury adjudication of said dispute, claim, or demand.
I HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FOR THE HEREIN, I HAVE THE AUTHORITY TO EXECUTE THIS CONTRACT AND BY DONG SO HEREBY AUTHORIZE DISASTER PLUS TO COMMENCE WORK IMMEDIATELY.
RELATIONSHIP TO PROPERTY