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Texas HomePro LLC – Comprehensive Work Order and Contract Terms

Section 1A: Insurance Company Authorization and Payment Assignment

The undersigned Homeowner (“Owner”) hereby irrevocably authorizes Texas HomePro LLC (“Contractor”), its employees, representatives, and authorized agents to communicate directly with Owner’s insurance carrier, public adjuster, or any third-party administrator regarding the insurance claim related to the referenced property for a period of one hundred twenty (120) calendar days from the execution of this Work Order.

Owner expressly assigns, transfers, and authorizes payment of all related insurance proceeds — including Actual Cash Value (ACV), Replacement Cost Value (RCV), depreciation holdbacks, and supplemental payments — directly to Contractor, unless otherwise stated in writing.

Owner agrees to remit any insurance checks or funds issued in their name to Contractor within five (5) business days of receipt. Deductibles, depreciation, and any supplement payments approved by the insurer are due before the final invoice submission and prior to project closeout.

Failure to remit payments as required constitutes a material breach of contract and may subject Owner to collection action, mechanics lien enforcement, interest accrual, and recovery of reasonable attorney’s fees, court costs, and expenses as permitted under Texas law.

Definitions

  • Insurance Deductible: The out-of-pocket amount required from Owner before insurance proceeds are released.

  • Supplement: Additional work, materials, or costs discovered during the project and approved by insurer after initial claim submission.

  • Actual Cash Value (ACV): The insurer’s valuation for the depreciated property prior to repair or replacement.

  • Replacement Cost Value (RCV): The full cost to repair or replace property with materials of like kind and quality, payable upon proof of completion.

Section 1B: Authorization for Mortgage Company Communication

Owner authorizes Contractor to communicate directly with all mortgage lenders, lienholders, escrow agents, and inspection departments regarding project documentation, payment release, insurance disbursement, and verification of completion for 120 days following contract execution. Owner agrees to execute any additional lender-required documentation to facilitate payment.

Section 1C: Authorization for Government, Utility, and HOA Liaison

Owner grants Contractor full authority to communicate with all relevant city, county, state, and federal agencies, including HOAs, zoning authorities, building departments, and utility providers, for the purposes of permit acquisition, inspection scheduling, or other actions required to fulfill the contractual scope of work.

This authorization shall remain valid for 120 days from the effective date of this Work Order, or until project completion, whichever is later.

Section 1D: Contractor Roles and Advisory Limitations

Contractor acts solely in the capacity of General Contractor. Contractor and its employees are not licensed public adjusters or insurance consultants and do not interpret policy coverage, negotiate settlement values, or provide insurance or legal advice.

All claim-related questions, disputes, or policy interpretations must be directed to the insurance carrier or licensed adjuster.

Homestead Lien Acknowledgment and Owner’s Consent

Owner(s) acknowledge that the property may be designated as a homestead under Article XVI, Section 50 of the Texas Constitution and Chapter 53 of the Texas Property Code. Owner(s), including all spouses and co-owners, knowingly consent to the creation and enforcement of a valid mechanic’s and materialman’s lien for all services, labor, and materials provided.

Failure of any spouse or co-owner to sign this agreement renders the lien void as to the homestead, but the contractual obligations of the signing party remain enforceable.

Notice of Mechanic’s Lien Rights

Pursuant to the Texas Property Code, Owner is hereby notified that if Contractor, subcontractors, or suppliers are not paid, they may enforce a lien against the property. Owner must ensure prompt and complete payment to prevent such filings.

Spousal Consent

All parties holding ownership interest or marital rights in the property must execute this contract. Failure to obtain full spousal consent voids lien enforceability but does not void underlying contractual obligations.

Waiver of Subrogation and Limitation of Liability

Owner, and any insurer acting on their behalf, hereby waives all rights of subrogation against Contractor, its employees, subcontractors, and assigns for any claim or loss not directly resulting from Contractor’s proven negligence.

Contractor’s total liability is limited to the cost of work expressly defined in the written scope. Contractor shall not be liable for indirect, incidental, consequential, or pre-existing damages outside said scope.

Contractual Agreement Disclaimer

Terms such as “Estimate,” “Scope of Work,” “Work Order,” “Proposal,” or “Quote” constitute binding contractual instruments when signed or accepted in writing, electronically, or via payment authorization. By signing any such document, Owner agrees to all terms herein.

Dispute Resolution and Arbitration

All disputes, controversies, or claims arising from this contract shall be submitted to binding arbitration under Texas Civil Practice & Remedies Code §171, administered by the American Arbitration Association (AAA) unless otherwise agreed in writing. Venue shall be in the county where the work was performed.

Right of Rescission

Owner may rescind this agreement within three (3) business days of execution, pursuant to 15 U.S.C. §1635 and Texas Property Code §41.007, by delivering written notice to Contractor’s principal office.

After the rescission period, cancellations are subject to a 25% administrative fee.

Payment, Billing & Interest Policy

Payment is due in full within 30 days of invoice issuance unless otherwise stated. Accounts past due accrue interest at 18% per annum (1.5% monthly) as permitted under the Texas Finance Code. Contractor may suspend or terminate work until payment is received.

Failure to pay voids all warranties and constitutes breach of contract, authorizing lien enforcement and collection proceedings.

Warranty Terms

Contractor warrants that all labor and materials furnished will be free from defects in workmanship and installation for a period of four (4) years from completion.
Warranty coverage requires that:

  1. All payments are current.

  2. No unauthorized third-party modifications have occurred.

  3. Maintenance requirements are met.

Warranty excludes normal wear, storm damage, or misuse.

Permits, Inspections, and Approvals

Contractor shall secure required building permits, zoning clearances, and inspections. Owner shall cooperate in signing necessary forms and scheduling site access for inspections.

Material, Finish, and Color Disclaimer

Exact matching of materials and finishes cannot be guaranteed due to manufacturing, batch, and aging differences. Contractor shall use the closest available materials in grade and color to achieve a substantially similar appearance.

Material Selection Deadline

Owner must finalize all material selections within five (5) business days of project commencement. Failure to do so may incur a delay fee of $250 per day until selections are finalized and approved.

Project Timeline and Delay Disclaimer

Contractor shall use reasonable efforts to begin work within 8–12 weeks after full documentation, payment, and approvals. Start dates and completion schedules are estimates only. Delays caused by weather, permit processing, insurance holdbacks, or Owner inaction do not constitute breach of contract.

Utility Usage

Owner grants Contractor permission to use water, electricity, sewer, and trash disposal services necessary to complete the project. All related utility costs remain Owner’s responsibility.

Property Access and Customer Delay Clause

Owner agrees to provide daily access during business hours (Monday–Friday, up to eight hours per day). Any restriction or failure to provide access may result in timeline extensions and delay fees of $250 per day.

Project Completion and Acceptance

Project completion shall be determined by Contractor’s project manager upon final inspection confirming that all contracted items have been substantially performed. Owner’s inspection or interim observations do not alter this determination.

Force Majeure (“Acts of God”)

Contractor is not responsible for any delay, damage, or cost escalation caused by circumstances beyond its control, including natural disasters, war, strikes, pandemics, governmental acts, or material shortages.

Refund and Cancellation Policy

After the 3-day rescission period, Owner may cancel in writing, subject to a 25% cancellation fee plus reimbursement for labor, materials, and mobilization costs incurred. Refunds, if applicable, are issued within 60 days.

Insurance Claim Payment Disclaimer

If any part of the insurance claim is denied or underpaid, Owner remains personally responsible for full payment for all work completed, as this contract is not contingent on insurance payment.

End Product Clause

This contract is for a finished result, not for individual materials or labor components. All unused materials remain property of Contractor and may be reclaimed without credit or refund.

Photo, Video, and Marketing Consent

Owner authorizes Contractor to photograph and/or video the project for documentation and marketing purposes. No personal identifying details will be disclosed without separate written consent.

Owner Responsibilities

Owner shall remove personal items, valuables, and fragile materials from work areas. Owner is responsible for ensuring children, pets, and occupants remain clear of active work zones for safety compliance.

Notice to Owner – Important Statutory Warning (Texas Property Code §41.007)

IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract.
If you sign this contract and fail to meet these terms, you may lose legal ownership rights in your home.
KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.

SEC 1A: Insurance Company Authorization and Payment Assignment

The homeowner grants permission for their insurance company to speak with Texas HomePro LLC regarding their claim for 120 days from the date of this work order. The homeowner agrees to endorse and remit any insurance proceeds relating to the contracted scope of work to Texas HomePro LLC unless otherwise stated in writing on this work order. The insurance deductible, as required by Texas law, must be paid before the claim is closed and the final invoice is sent to the insurance company. All supplements issued by the insurance company must also be paid to Texas HomePro LLC. All insurance funds must be remitted to Texas HomePro LLC promptly upon the homeowner's receipt.

Note: Texas law requires that homeowners pay their insurance deductibles. Insurance funds should be remitted promptly but are not subject to a mandatory 48-hour or 5-business-day deadline under Texas law.

SEC 1B: Authorization for Mortgage Company Communication

The homeowner grants permission for the mortgage company associated with the property located at [property address] (see work order) to speak with Texas HomePro LLC regarding the project for 120 days from the date on this work order.

SEC 1C: Authorization for Government and Utility Company Communication

The homeowner grants permission for the county, state, utility companies, municipality, and HOA (if applicable) to speak with Texas HomePro LLC for 120 days regarding matters pertaining to the property located at [property address] (see work order). This includes, but is not limited to, filing permits, ordering inspections, and conducting any other official business related to repairs.

SEC 1D: Contractor Role and Insurance Disclaimer

Texas HomePro LLC acts as a Contractor and General Contractor and does not provide advice on insurance policies, coverage, or claims. We do not act as an adjuster and do not determine what is covered under your policy. For any policy-related questions, the homeowner should contact their insurance carrier directly.

ACKNOWLEDGMENT

By signing this work order or estimate, the homeowner acknowledges that they have read and agreed to all terms and conditions outlined in this document.

Waiver of Subrogation & Limitation of Liability

The undersigned Homeowner acknowledges that the scope of work performed by Texas HomePro LLC is limited to repairs on the roofing system and does not constitute a full roof replacement. As such, Texas HomePro LLC shall not be held liable for any existing damage, future damage, or deficiencies in areas of the roofing system that were not specifically addressed in the scope of work provided.

To the fullest extent permitted by law, the Homeowner waives any and all rights of subrogation against Texas HomePro LLC and its subcontractors, employees, and agents, whether arising from their own insurance policy or that of a third party. This waiver includes, but is not limited to, any claims made by the Homeowner's insurance carrier for subsequent roofing failures, water intrusion, or damage arising from areas outside of the repair work performed.

By signing below, the Homeowner acknowledges and accepts full responsibility for the condition of the remainder of the roofing system not included in the scope of repair and releases Texas HomePro LLC from any liability related to such areas.

Contractual Agreement Disclaimer

Contractual Agreement:
The terms "Estimate," "Scope of Loss," "Work Order," "Scope of Work," and "Quote" each represent a contractual agreement between the homeowner and Texas HomePro LLC. By signing any of these documents, the homeowner acknowledges and agrees to the terms and conditions outlined on this page, including all associated policies, disclaimers, and responsibilities.

A signature on any of the listed documents constitutes full acceptance of the terms set forth in this agreement and binds the homeowner to the contractual obligations described herein.

By proceeding, the homeowner confirms that they have reviewed, understood, and agreed to the terms and conditions associated with their project.

Insurance Specific Disclaimer

Insurance Proceeds and Payment Requirements:

The homeowner is required by Texas Business & Commerce Code § 27.02 to pay their insurance deductible directly to Texas HomePro LLC. Texas HomePro LLC cannot waive, absorb, or rebate this deductible, as doing so would violate state law. All insurance supplements and proceeds must be remitted to Texas HomePro LLC to complete project work as approved by the insurance carrier.

Deductible Payment Requirement:

As required by Texas law under Business & Commerce Code § 27.02, the homeowner is responsible for paying their insurance deductible directly to Texas HomePro LLC. This deductible payment is required before work commences and is a statutory obligation.

Role of Texas HomePro LLC:

Texas HomePro LLC is a licensed Contractor and General Contractor. We do not act as public adjusters or provide advice regarding your insurance policy or claim coverage. For questions related to coverage, payments, or claim decisions, please contact your insurance provider directly.

Project Timelines and Communication:

Due to high demand and the quality of our work, Texas HomePro LLC typically operates on an 8-10 week lead time for most projects. For project updates, please contact us at (512) 540-4050, email office@texashomepro.org, or visit our office located at 401 W Bus 190, Copperas Cove, Texas 76522.

By proceeding with this agreement, the homeowner acknowledges and agrees to the terms outlined in this Insurance Specific Disclaimer.

CASH PRICING (DOES NOT APPLY TO INSURANCE WORK)

We have financing options available! Please call (512) 540-4050 when you are ready to move forward with your project! Thank you for choosing Texas HomePro.

Estimate pricing is valid for 30 days, and a deposit is required within 30 days of estimate signing to lock in current pricing.

DOWN PAYMENT CHART - CASH ONLY

  • $1,500 and under: No down payment required. Payment due upon completion.

  • $1,501 - $10,000.00: 50% down payment due and 50% remainder due on completion.

  • $10,001.00 - $50,000.00: 25% down payment due upfront, 25% when job is started, 25% at halfway mark, and remainder due upon completion. Total of 4 payments.

  • $50,000 - $150,000: 20% down payment due upfront, 20% when job is started, 20% at halfway mark, 20% due at 75% completion, and remainder due upon completion of project. Total of 5 payments.

  • $150,001+: To be determined before contract is signed. Must be approved by a manager.

We accept Cash, Check, or online payment via bank transfer or credit card (3% fee on credit card payments to cover banking fees).

Cancellation Policy: 25% cancellation fee if estimate is accepted and down payment is made and NO WORK OR MATERIALS have been performed or delivered to job site. (Only applicable to payments received, not total estimate price.)

Financing Note: This is a cash price only. If you choose financing with one of our partner banks, the price will increase by 10% (we do not get paid at all until the job is 100% completed when financing through our partner lenders).

Insurance Claims and Estimate Voiding

If you receive an estimate and then your insurance carrier gets involved, the estimate is VOID. Insurance documents and settlements supersede this estimate.

If any additional work is requested or required, we will write a new estimate for the additional work and have you sign the new estimate if one is required. The additional work will be billed at 50% down and 50% due upon completion.

The newest estimate always supersedes the previous version.

Custom Glass, Shower Enclosures, and Special Order Items

If custom glass, shower enclosures, doors, or custom-ordered or special-order items are to be installed, we will bill for all work completed BESIDES the custom glass products, or a maximum of $1,500 will be withheld by customer until glass is installed. Custom glass can take 1-3 weeks to be made and installed AFTER the rest of the job is done. Payment for work performed is due upon receipt, and we will bill for the custom glass when it is installed and you are satisfied.

Permits and Inspections

The Contractor shall obtain and pay for all required permits, inspections, and approvals by local authorities necessary to perform the work described herein. The homeowner has ultimate responsibility for permit acquisition, inspections, and fees related to HOA or municipal regulations affecting the property.

Change Orders

Any modifications to the scope of work or changes to the Contract Price shall be documented in a written Change Order signed by both Parties. Any changes may affect the timeline and/or costs of the project, and the Contract Price will be adjusted accordingly. All change orders will be charged a $150.00 document fee to be paid at the end of the project.

DEDUCTIBLE LAW

Texas law requires a person insured under a property insurance policy to pay any deductible applicable to a claim made under the policy. It is a violation of Texas law for a seller of goods or services who reasonably expects to be paid wholly or partly from the proceeds of a property insurance claim to knowingly allow the insured person to fail to pay, or assist the insured person's failure to pay, the applicable insurance deductible.

Citation: Texas Business & Commerce Code § 27.02 ("Goods or Services Paid for by Insurance Proceeds: Payment of Deductible Required").

Also: The statute makes it a Class B misdemeanor to violate this provision. Texas Penal Code § 27.02.

Additionally, the insurer-education program must include information regarding the requirements of this chapter and Section 27.02. Texas Insurance Code § 707.004.

Understanding ACV, RCV, Supplements, and Recoverable Depreciation

Actual Cash Value (ACV) represents the initial payment made by the insurance company based on the value of the damaged property after depreciation (the wear and tear or age of materials). It's essentially the amount the homeowner receives upfront to begin repairs.

Replacement Cost Value (RCV) is the full amount the insurance company estimates it will cost to replace the damaged property with materials of like kind and quality, without considering depreciation. Once the repairs are complete and verified, the insurance company releases the recoverable depreciation—the difference between the RCV and ACV—to bring the total payout up to the full replacement cost.

Recoverable Depreciation is the portion of the claim that is withheld by the insurance carrier until the work has been fully completed and proof of completion is submitted. This ensures the repairs are finished according to the insurance scope before final payment is made. Once the insurance company confirms the job is complete and the homeowner is satisfied, that final portion of funds is released.

Supplements are additional funds requested from the insurance company when hidden or unforeseen damages are discovered during construction, or when the insurance scope or pricing is incomplete. Supplements are common in roofing and restoration projects and are paid out separately as they are approved by the carrier.

Our Payment Process - INSURANCE ONLY

At Texas HomePro, we follow a clear and transparent collection process consistent with insurance and construction law:

  1. ACV + Deductible Upfront — We collect the homeowner's deductible (as required by Texas Business & Commerce Code §27.02) along with the initial ACV payment before starting work.

  2. Supplements — Any approved supplements are billed and collected as they are issued by the insurance company.

  3. Homeowner Notification — The homeowner should notify Texas HomePro promptly upon receiving any insurance payment to ensure proper accounting and application toward the repair balance.

  4. Recoverable Depreciation — After the project is completed and the homeowner is satisfied, we submit final documentation to the insurance company. Once the carrier releases the recoverable depreciation, that amount becomes due to Texas HomePro as the final payment.

Project Start & Scheduling Disclaimer

Texas HomePro strives to begin every project in a timely and efficient manner. However, due to industry factors outside our control, including material availability, weather conditions, insurance processing times, permit delays, and prior project schedules, we provide the following notice:

  1. Start Timeframe:
    Texas HomePro will make reasonable efforts to begin work within 8-12 weeks after contract execution, full insurance approval (if applicable), material confirmation, and receipt of initial payment (ACV + deductible). If work has not commenced within 120 days of full contract execution and initial payment, the homeowner may cancel in writing and receive a full refund, unless delays are expressly due to insurance processing, permitting, or force majeure events.

  2. Estimated Start Window:
    Although we make every effort to begin sooner, most projects begin approximately 8-12 weeks after full scope approval, material confirmation, and receipt of the initial payment (ACV + deductible). This estimate is subject to change and does not constitute a fixed start date.

  3. Weather and Uncontrollable Delays:
    Project timelines are contingent on weather, temperature, and site conditions. Work may be delayed or rescheduled if Texas HomePro determines conditions are unsafe or unsuitable for proper installation. Such delays do not constitute breach of contract or grounds for cancellation.

  4. Material Availability and Insurance Adjustments:
    Delays may occur due to backordered materials, supplier lead times, or pending insurance supplements. Texas HomePro will not be held liable for such delays, and project timelines will adjust accordingly.

  5. Owner Cooperation Requirement:
    The homeowner agrees to notify Texas HomePro promptly upon receipt of any insurance payment or correspondence related to the project to ensure timely coordination and scheduling. Failure to do so may result in additional scheduling delays or rescheduling fees.

  6. Right to Reschedule or Extend:
    Texas HomePro reserves the right to reschedule or extend project start and completion dates for any reason beyond our control, including but not limited to: weather, insurance claim processing, material availability, permitting, inspections, or other unforeseen circumstances.

  7. Limitation of Liability:
    Under Texas Property Code §§ 28.002–28.003 and standard industry practice, Texas HomePro shall not be liable for incidental, consequential, or liquidated damages arising from reasonable project delays, scheduling changes, or external factors outside its control.

Acknowledgment

By signing below or authorizing Texas HomePro to proceed, the homeowner acknowledges understanding and acceptance of the scheduling terms above. These provisions are intended to protect both parties, ensure quality workmanship, and comply with Texas law governing residential construction timelines.

Warranty

The Contractor, Texas HomePro, warrants that all work will be completed in a good and workmanlike manner in accordance with industry standards and will remain under warranty for a period of 4 years from the date of completion. The Contractor further warrants that all materials used in the work shall be new and free of defects.

Warranty Conditions:

  1. Payment Requirements:
    This warranty is void if the final payment is not made in full within 30 days of the date of the final invoice.

  2. Third-Party Alterations:
    This warranty is void if any other contractor, individual, or entity modifies, alters, or works on any portion of the work completed by Texas HomePro without prior written consent.

  3. Exclusions:
    This warranty does not cover damages or defects caused by:

    • Normal wear and tear.

    • Misuse, neglect, or improper maintenance by the homeowner.

    • Acts of nature, including but not limited to storms, floods, or earthquakes.

    • If another contractor/person has altered or touched the work performed.

Claims Process:

To initiate a warranty claim, the homeowner must notify Texas HomePro in writing within 10 business days of discovering any defects or issues. The Contractor will evaluate the claim and determine the appropriate course of action, which may include repairs or replacements at the Contractor's discretion.

Homestead and Liens

Owner(s) acknowledge that the property described in this Contract is or may be designated as a homestead under the Texas Constitution. The Owner(s) consent to the creation of a valid mechanic's and materialman's lien against the property to secure payment for the work performed by the Contractor, in accordance with Chapter 53 of the Texas Property Code. The Owner(s) further agree to execute any affidavits, liens, or other documents required to perfect such liens, to the extent allowed by Texas law.

Homestead Lien Acknowledgment:

The Owner(s) hereby acknowledge that the Contractor may file a mechanic's lien against the property in the event of nonpayment under this Contract. The lien shall secure payment for labor, materials, and services provided under this Contract, and such lien shall be enforceable under Texas law. By signing this Contract, the Owner(s) acknowledge that they have been provided the required notices under Texas law and consent to the filing of such a lien on their homestead.

Notice of Lien Rights

Texas law requires the Contractor to notify the Owner of certain lien rights. The Owner is advised as follows:

  • If the Contractor or any subcontractors or suppliers are not paid, they may have the right to enforce a lien against your property to recover the unpaid amounts.

  • To avoid a lien, you should ensure that your contractor pays all subcontractors and suppliers as required under Texas law.

  • The Contractor shall provide to the Owner a list of all subcontractors and suppliers to be used on this project before work commences.

Either Party may terminate this Contract if the other Party fails to comply with any material term of this Contract. Termination must be made in writing and provide at least five (5) days' notice of intent to terminate. Upon termination, the Contractor shall be paid for all work performed up to the date of termination.

Spousal Consent (if applicable)

If the property is owned by more than one person or is community property of a married couple, both spouses or co-owners must sign this Contract. Failure of any spouse or co-owner to sign this Contract will render the provisions related to the creation of a lien on the homestead null and void.

HOMESTEAD LIEN ACKNOWLEDGMENT AND OWNER'S CONSENT

This Homestead Lien Acknowledgment and Consent ("Acknowledgment") is made pursuant to Chapter 53 of the Texas Property Code and the Texas Constitution, Article XVI, Section 50.

Property Description

The Owner(s) acknowledge that the property described in this Contract (the "Property") is or may constitute the Owner's homestead under the laws of the State of Texas.

Lien Authorization and Consent

The Owner(s) knowingly and voluntarily consent to the creation of a valid mechanic's and materialman's lien against the Property to secure payment for the improvements, labor, services, and materials furnished by the Contractor under this Contract. The lien shall be created and enforceable only to the extent permitted by the Texas Constitution and the Texas Property Code.

The Owner(s) agree to execute, upon request, any necessary affidavits, lien acknowledgments, or other documents reasonably required to perfect, validate, or evidence such lien rights consistent with Texas law.

Notice of Mechanic's Lien Rights

Texas law affords the Contractor, subcontractors, and suppliers certain lien rights, as follows:

  • If the Contractor or any subcontractor or supplier is not paid for labor or materials supplied for improvements to the Property, they may have the right to enforce a mechanic's lien against the Property.

  • To avoid such liens, the Owner(s) should ensure that the Contractor makes timely payment to all subcontractors and suppliers. Prior to commencement of work, the Contractor shall provide the Owner(s) with a written list of all subcontractors and suppliers expected to perform or furnish work or materials for this project.

Right to File Lien

In the event of nonpayment under the terms of this Contract, the Contractor may file a mechanic's lien claim against the Property in accordance with Chapter 53 of the Texas Property Code. The lien shall secure payment for the labor, materials, services, and improvements supplied hereunder and shall be enforceable as provided by Texas law.

Termination

Either Party may terminate this Contract by providing written notice at least five (5) days prior to the effective date of termination if the other Party fails to comply with a material term of this Contract. Upon termination, the Contractor shall be entitled to payment for all authorized work performed and materials supplied through the termination date.

Spousal and Co-Owner Consent

If the Property is owned by more than one person, or is community property of a married couple, each spouse and co-owner must sign this Acknowledgment and the Contract. Failure of any required owner or spouse to execute this Contract and Acknowledgment shall render any purported lien on a homestead invalid and unenforceable.

Right of Rescission (If Applicable)

To the extent this transaction qualifies as a home improvement contract on a homestead, the Owner(s) acknowledge their right of rescission in accordance with applicable federal law (Truth in Lending Act, 15 U.S.C. §1635) and Texas law. The Owner(s) may rescind this Contract within three (3) business days after signing, by delivering written notice of rescission to the Contractor.

Acknowledgment

By signing below, the Owner(s) acknowledge that:

  • They fully understand the nature and effect of granting a mechanic's and materialman's lien against their homestead property;

  • They have received required lien notices pursuant to Texas law; and

  • They voluntarily consent to the filing and enforcement of such lien to the extent permitted by the Texas Constitution and Texas Property Code.

Right of Rescission Notice

NOTICE OF RIGHT OF RESCISSION

Date of Transaction: [SEE WORK ORDER]
Borrower/Homeowner(s): [SEE WORK ORDER]
Property Address: [SEE WORK ORDER]
Lender/Contractor: Texas HomePro

Under federal law (the Truth in Lending Act) and Texas law, you have the legal right to rescind (cancel) this transaction, without cost, within three (3) business days from the following: [SEE WORK ORDER DATE]

Mail to: 401 W BUS 190 Copperas Cove Texas.

  1. The date of the transaction, which is the date you signed the contract;

  2. The date you received your Truth in Lending disclosures; or

  3. The date you received this notice of your right to rescind, whichever occurred last.

Citation: Tex. Bus. & Comm. Code Ann., Sec 601.051

Full refund if canceled within 3 days; cancellation fee policy in effect after 3 day Right of Rescission Period.

ARBITRATION AGREEMENT

This Arbitration Agreement ("Agreement") is entered into by and between the undersigned parties ("Parties"). The Parties agree to submit to binding arbitration all disputes that arise out of or relate to the services provided or the contract between the Parties in accordance with the terms and conditions set forth below.

1. Scope of Arbitration

The Parties agree that any controversy, dispute, or claim arising out of, or relating to, this Agreement, including any breach or termination thereof, or any other claims arising from the relationship between the Parties (whether contractual, tort-based, statutory, or otherwise), shall be resolved through final and binding arbitration.

2. Governing Law

The arbitration shall be conducted in accordance with the laws of the State of Texas and governed by the Federal Arbitration Act (FAA), to the extent applicable, and Texas arbitration law.

3. Arbitration Rules and Procedures

The arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA) or another mutually agreed-upon arbitration service. In the absence of mutual agreement on an arbitration service, the AAA rules shall apply.

The arbitration shall be conducted before a single arbitrator selected by mutual agreement of the Parties. If the Parties cannot agree on an arbitrator, the arbitrator shall be appointed in accordance with the AAA rules.

Costs and Fees Note: To the extent permitted by law, Texas HomePro will bear any arbitration administrative fees in excess of ordinary court filing fees so as not to limit the homeowner's access to dispute resolution on financial grounds.

4. Location of Arbitration

The arbitration shall take place in Gatesville, Texas, unless the Parties mutually agree to a different location.

5. Costs and Fees

The costs of arbitration, including any AAA administrative fees, the arbitrator's fees, and costs of any hearing room, shall be handled in accordance with the AAA rules or as modified above. Each Party shall be responsible for its own attorneys' fees and costs, unless the arbitrator awards attorneys' fees and costs to the prevailing Party, as permitted by applicable law.

6. Decision and Award

The arbitrator shall render a written decision and award within 30 days after the final hearing. The arbitrator's decision shall be final and binding on the Parties, and may be entered and enforced in any court of competent jurisdiction.

7. Waiver of Jury Trial

The Parties expressly waive any right to a trial by jury on any matter subject to arbitration under this Agreement.

8. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

9. Survival of Agreement

This Agreement shall survive the termination of the contract or business relationship between the Parties and shall remain binding with respect to any claims or disputes arising out of the relationship between the Parties.

10. Confidentiality

All proceedings and the arbitration award shall be kept confidential by the Parties, except to the extent that disclosure is required by law or necessary to enforce the award.

11. Modification of Agreement

Any amendments or modifications to this Agreement must be made in writing and signed by both Parties.

12. Entire Agreement

This Agreement constitutes the entire agreement between the Parties regarding arbitration and supersedes any prior agreements or understandings.

13. Acknowledgment

The Parties acknowledge that they have read this Agreement carefully, fully understand its terms, and have had the opportunity to consult legal counsel if desired. The Parties voluntarily agree to its terms.

(SIGNATURE ON WORK ORDER FORM)

WAIVER OF THE LIST OF SUBCONTRACTORS AND SUPPLIERS

AN OWNER IS NOT REQUIRED TO WAIVE THE RIGHT GRANTED BY SECTION 53.256, PROPERTY CODE, TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

BY SIGNING THIS DOCUMENT, I AGREE TO WAIVE MY RIGHT TO RECEIVE FROM THE CONTRACTOR AN ORIGINAL OR UPDATED LIST OF SUBCONTRACTORS AND SUPPLIERS.

I UNDERSTAND AND ACKNOWLEDGE THAT, AFTER SIGNING THIS DOCUMENT, THIS WAIVER MAY NOT BE CANCELED AT A LATER DATE. (SEE WORK ORDER FORM)

I HAVE VOLUNTARILY CONSENTED TO THIS WAIVER.

THE FOLLOWING SIGNATURE(S) CONSTITUTES A WAIVER OF THE RIGHT TO RECEIVE A LIST OF SUBCONTRACTORS AND SUPPLIERS PURSUANT TO SECTION 53.256 OF THE TEXAS PROPERTY CODE:

Retainage Clause for Materials and Labor

  1. Purpose and Scope: This clause applies to all materials supplied, labor performed, and services rendered for the property located at [Property Address]. It ensures the protection of Texas HomePro's rights in the event of non-payment of the final balance by the homeowner.

  2. Non-Payment of Final Balance:

    • If the homeowner fails to pay the final balance within 30 days of receiving an invoice or written request for payment, Texas HomePro reserves the right to pursue all remedies available under Texas law, including filing a mechanic's lien.

    • Texas HomePro cannot legally remove installed materials from the property after installation, as such materials become part of the real property. Texas HomePro's remedy for non-payment is to file a mechanic's lien under Texas Property Code Chapter 53.

  3. Lien Rights: In the event of non-payment, Texas HomePro retains the right to file a mechanic's lien or similar legal claim against the property until full payment is received. The lien may include all labor, materials, and any additional costs incurred, including legal fees and interest.

  4. Interest on Outstanding Balance: The homeowner will be responsible for interest on any unpaid balance at a rate of 1.5% per month (18% annually, the maximum allowed by Texas law), starting from the due date of the invoice.

  5. Remediation of Retainage:

    • Upon full payment of the outstanding balance, any retainage held by Texas HomePro shall be released.

    • If non-payment persists beyond 30 days, Texas HomePro may exercise additional remedies, including legal action, to recover costs.

  6. Termination of Warranty: Failure to pay the final balance in full will result in the termination of any warranties or guarantees on labor and materials provided by Texas HomePro.

  7. Notification of Non-Payment: Prior to exercising any rights under this clause, Texas HomePro will issue a written notice to the homeowner, providing 30 days to cure the non-payment issue.

Material and Finish Matching Clause

Texas HomePro LLC will make every reasonable effort to source materials and finishes that closely match the existing items in your home or property. However, perfect matching of materials, colors, textures, or finishes is not guaranteed due to factors such as product availability, manufacturing variations, age, and wear of existing materials.

For insurance-related claims, it is the responsibility of the homeowner to address material or finish matching concerns directly with their insurance provider. Texas HomePro LLC is not liable for discrepancies between existing and new materials or for decisions made by the insurance company regarding matching allowances or replacements.

Color Matching, Texture, and Material Disclaimer

Texas HomePro LLC will make every reasonable effort to match paint colors, drywall textures, flooring, baseboards, vinyl siding profiles and colors, shingles, and brickwork to the existing surfaces. However, due to variations in lighting, aging, manufacturing differences, and application techniques, perfect matching of colors, textures, and materials is not guaranteed.

  • Newly painted areas may appear slightly different from existing surfaces.

  • Drywall texture blending may not result in an exact match due to differences in material composition and surface conditions.

  • Flooring, baseboards, and vinyl siding (profile and color) may not perfectly match existing materials. Texas HomePro LLC reserves the right to paint vinyl siding when necessary.

  • Shingle repairs will not perfectly match existing shingles due to differences in weathering and material availability.

  • Brick repairs and replacements will not match the color or texture of existing brickwork.

By proceeding with this agreement, the homeowner acknowledges these limitations and agrees that Texas HomePro LLC is not responsible for any discrepancies in the appearance of repaired or replaced materials.

Project Completion Disclaimer

A project is not considered complete until a Texas HomePro LLC manager has inspected the work and determined, at their sole discretion, that the project meets the required standards of quality and is fully completed as per the agreed scope of work.

The homeowner acknowledges that the project may appear incomplete, messy, or unorganized at various stages of progress or prior to the manager's final approval of completion. These interim appearances are part of the construction process and do not reflect the final outcome or quality of the work.

By proceeding with this agreement, the homeowner agrees to allow Texas HomePro LLC to determine when the project is officially completed and acknowledges that appearances during the process do not constitute grounds for dispute.

Unforeseen Delays Disclaimer

Texas HomePro LLC strives to complete projects within the agreed timeline; however, certain factors beyond our control may cause delays. These include, but are not limited to:

  • Staffing shortages or scheduling conflicts.

  • Inclement weather or other environmental conditions.

  • Supply chain disruptions or material shortages.

  • Unforeseen site conditions or regulatory requirements.

The homeowner acknowledges that such delays may impact the project timeline and agrees that Texas HomePro LLC is not liable for any inconvenience or costs resulting from these unforeseen circumstances.

By proceeding with this agreement, the homeowner accepts that timelines may need to be adjusted to accommodate these challenges while maintaining the quality and safety of the work.

Drying and Curing Time Disclaimer

The drying and curing times of building products such as caulking, paint, concrete, mortar, and other materials may vary based on environmental factors such as temperature, humidity, and product specifications. These factors can extend the time required to complete the project.

Texas HomePro LLC is not responsible for delays caused by necessary drying or curing times, as these are critical to ensuring the quality and durability of the work. Homeowners acknowledge that adhering to proper drying and curing times is essential and may impact the overall project timeline.

By proceeding with this agreement, the homeowner accepts these potential delays and acknowledges that Texas HomePro LLC will not compromise quality by rushing these processes.

Project Start Time Disclaimer

Texas HomePro LLC will use reasonable efforts to begin the project within 8-12 weeks after contract execution, full scope approval, and payment. If work has not commenced within 120 days of contract execution and initial payment, the homeowner may cancel in writing and receive a full refund unless delays are due to insurance processing, permitting, or force majeure events. Any dates provided are estimates and subject to change based on scheduling, availability of materials, permits, weather conditions, or other unforeseen circumstances.

By proceeding with this agreement, the homeowner acknowledges and accepts these scheduling terms and conditions.

Utility Usage Disclaimer

Texas HomePro LLC is permitted to use utilities at the property, including water, electricity, and trash disposal, as necessary for the completion of the project. All utility costs incurred during the project will be at the homeowner's expense.

By proceeding with this agreement, the homeowner acknowledges and agrees to provide access to these utilities and accepts responsibility for any associated costs.

Property Access and Project Delay Disclaimer

The homeowner/customer agrees to provide Texas HomePro LLC with reasonable access to the property for up to 8 hours per day, Monday through Friday, to allow for uninterrupted work on the project.

Any delays caused by the homeowner/customer, including but not limited to restricted access, unavailability for necessary decisions, or interference with scheduled work, will result in project timeline adjustments. In such cases, Texas HomePro LLC reserves the right to reallocate resources to other projects. Work on the delayed project will resume at Texas HomePro LLC's discretion and when it is operationally convenient.

Additionally, if delays caused by the homeowner exceed 5 business days, Texas HomePro LLC may impose a delay fee not to exceed $250 per day for each additional day of delay. Any such charge must be justified by documented additional costs incurred and provided to the homeowner in writing before being assessed.

By signing this agreement, the homeowner/customer acknowledges and accepts these terms and the potential financial and timeline impacts of any significant delays they may cause.

Material Selection Disclaimer

Material Selection Deadline: Homeowners are required to select all materials (e.g., paint, flooring, fixtures, etc.) within 10 business days of the job start date. Failure to finalize material selections within this timeframe may result in project delays.

If delays extend beyond the 10-business-day period, a delay fee not to exceed $250 per day may be charged for each additional day until materials are chosen and provided to Texas HomePro LLC. This fee covers the cost of lost time, rescheduling, and associated impacts on project timelines, and must be justified by documented costs.

By proceeding with this agreement, the homeowner acknowledges and accepts responsibility for meeting the material selection deadline and any fees incurred due to delays.

Photo and Marketing Disclaimer

Photo and Video Release:

The homeowner grants Texas HomePro LLC permission to take photos or videos of the project for documentation and marketing purposes. No personal identifying information will be shared without prior consent.

Homeowner Responsibilities Disclaimer

Homeowner Obligations:

The homeowner is responsible for removing or securing personal items from work areas and ensuring that pets and children are kept away from the job site for their safety. Texas HomePro LLC is not liable for damages to unsecured belongings or injuries caused by access to the work area.

Late Payment and Interest Disclaimer

Late Payment and Interest Charges:

All payments are due within 30 days of the due date specified in the agreement or invoice. If payment is not made within this time frame, Texas HomePro LLC reserves the right to charge interest on the unpaid balance at the maximum rate allowed by law in the State of Texas, which is 18% annually (1.5% per month), unless a different rate is agreed upon in writing.

The homeowner acknowledges and agrees to pay any accrued interest on overdue amounts in addition to the principal balance. By proceeding with this agreement, the homeowner accepts these terms and acknowledges their legal obligation to comply with timely payment requirements.

Note: This policy complies with the State of Texas Finance Code § 302.001 and related statutes governing maximum allowable interest rates.

Acts of God Disclaimer

Force Majeure:

Texas HomePro LLC is not liable for delays or damages caused by events beyond our control, including but not limited to severe weather, natural disasters such as floods, rain, hail, tornadoes, or hurricanes, pandemics, labor strikes, supply chain disruptions, or any other Acts of God. In such events, project timelines may be adjusted, and any additional costs incurred as a result of these delays may be communicated to the homeowner.

Furthermore, Texas HomePro LLC is not liable for any damages to the property that may occur as a result of an Act of God during the course of the project. Homeowners are encouraged to maintain adequate insurance coverage to protect their property from such unforeseen events.

By proceeding with this agreement, the homeowner acknowledges and accepts that Texas HomePro LLC is not responsible for delays or damages caused by Acts of God or other circumstances beyond our control.

Permits, Inspections, and Insurance Supplement Disclaimer

The process of obtaining permits, scheduling inspections, and supplementing with your insurance carrier may involve significant delays due to factors outside the control of Texas HomePro LLC. These factors can include, but are not limited to, municipal processing times, inspector availability, regulatory requirements, and the responsiveness of your insurance carrier.

While Texas HomePro LLC will make every reasonable effort to expedite these processes, we cannot guarantee specific timelines for their completion. Any delays caused by these factors may impact the project schedule, and Texas HomePro LLC is not liable for such delays. Homeowners are encouraged to communicate directly with their insurance carrier for updates on supplement processing times.

Once a permit is approved, Texas HomePro LLC reserves the right to begin or continue work within 30 days of the approval date. This timeframe allows us to appropriately allocate resources and schedule work in a manner that ensures project efficiency and quality. Delays caused by homeowner actions or external factors may further impact this timeline.

By proceeding with this agreement, the homeowner acknowledges and accepts these terms, including potential delays and the 30-day window for work commencement or continuation following permit approval.

Billing Disclaimer

Billing and Payment:

Texas HomePro LLC reserves the right to issue invoices and bill for work completed at our discretion, regardless of insurance company payouts, mortgage disbursements, or the homeowner's assessment of project completion percentages. The determination of the project's completion percentage is made solely by Texas HomePro LLC based on industry standards and internal evaluations.

Unless the homeowner is a licensed professional builder or certified building inspector, their assessment of project progress will not be considered binding. Homeowners are responsible for timely payment of all invoices issued in accordance with the terms of this agreement, regardless of external factors.

By proceeding with this agreement, the homeowner acknowledges and accepts these billing terms.

Insurance Claim Payment Disclaimer

Homeowner Responsibility for Denied Insurance Payments:

For insurance claim projects, the homeowner acknowledges that Texas HomePro LLC is performing work based on the scope of loss or authorization provided by the homeowner. If the insurance company declines to pay for any portion of the work performed, the homeowner agrees to be fully responsible for payment to Texas HomePro LLC for the completed work.

This disclaimer applies specifically to insurance claims. By proceeding with this agreement, the homeowner accepts responsibility for all costs incurred, regardless of the insurance company's payment decisions.

Materials and Labor Disclaimer

End Product Agreement:

By hiring Texas HomePro LLC, the customer acknowledges and agrees that they are contracting us for the completion of an end product, not for the purchase of materials or labor separately. Any materials procured or unused during the project remain the property of Texas HomePro LLC, and the company reserves the right to retain or dispose of them at its discretion.

Additionally, Texas HomePro LLC is not obligated to provide detailed material information, receipts, or warranties for materials used in the project. Any applicable manufacturer warranties for materials are separate and must be obtained directly from the manufacturer, if available.

By proceeding with this agreement, the homeowner acknowledges and accepts these terms regarding materials, labor, and warranties.

Refund and Cancellation Policy

Refund and Cancellation Policy:

If the homeowner decides to cancel the project after the 3-day rescission period, a 25% cancellation fee will be applied. This fee covers administrative costs, project planning, scheduling, and any materials or labor already allocated to the project.

Refunds for payments made will be issued after deducting the 25% cancellation fee and any additional costs incurred by Texas HomePro LLC for work performed or materials purchased up to the cancellation date. Texas HomePro LLC reserves the right to issue refunds within 60 days of receiving the written cancellation notice.

By signing this agreement, the homeowner acknowledges and accepts the terms of this refund and cancellation policy, including the 25% cancellation fee and the 60-day refund issuance period.

Full refund if canceled within 3 days; cancellation fee policy in effect after 3 day Right of Rescission Period.

Material Shortages and Price Increases Disclaimer

Material Availability and Costs:

Texas HomePro LLC is not responsible for delays caused by material shortages or supply chain disruptions. Any increase in material costs exceeding 2% from the estimate date will be passed on to the homeowner, with prior notice. Substitutions may be made at Texas HomePro LLC's discretion if original materials are unavailable, and the homeowner will be notified of these changes.

Lawn and Landscaping Disclaimer

Lawn and Landscaping:

Texas HomePro LLC is not liable for any damages to the homeowner's lawn, landscaping, or outdoor features (e.g., trees, shrubs, flowerbeds, or hardscaping) that may occur during the course of the project. While reasonable care will be taken to minimize impact, some damage may be unavoidable due to the nature of construction work, equipment use, and material staging.

By proceeding with this agreement, the homeowner acknowledges and accepts these terms and understands that Texas HomePro LLC is not responsible for repairing or replacing any damaged landscaping or outdoor features.

Clean-Up and Disposal Disclaimer

Job Site Clean-Up:

Texas HomePro LLC will clean up the job site at the end of the project to a reasonable degree. However, we are not responsible for the removal of hazardous materials, pre-existing debris, or waste generated by the homeowner during the project. Additional charges may apply for special waste removal or excessive cleanup requirements.

Work Scope Disclaimer

Scope of Work:

Texas HomePro LLC will only perform work explicitly listed in the approved estimate or scope of loss. Any additional work not included in these documents is outside the agreed-upon scope and will not be performed unless a signed change order is completed and approved by both parties.

Homeowners are responsible for reviewing the estimate or scope of loss thoroughly to ensure all desired work is included. Any additional work requested after the agreement may result in added costs and timeline adjustments.

By proceeding with this agreement, the homeowner acknowledges and accepts that work not included in the estimate or scope of loss will not be performed without prior written approval.

Permits and Regulatory Compliance Disclaimer

Permits and Approvals:

Texas HomePro LLC will obtain any required permits for the project, as agreed in the contract. However, we are not responsible for delays caused by permit processing times, inspections, or regulatory requirements. Homeowners are responsible for ensuring compliance with any HOA or neighborhood association rules. Failure to obtain HOA approval, if required, is solely the homeowner's responsibility.

Digital Signature and Document Acknowledgment Disclaimer

Digital Signature and Document Acknowledgment:

By digitally signing this agreement, the customer acknowledges and agrees that the digital signature is legally binding and carries the same authority as a handwritten signature under the Texas Uniform Electronic Transactions Act (Chapter 322, Texas Business & Commerce Code). The customer further confirms that they have read this document or webpage in its entirety, including all terms, disclaimers, and policies, and have clicked any provided links on the work order to review this document fully.

By proceeding, the customer agrees to these terms and confirms their understanding and acceptance of all provisions outlined herein.

Insurance Claim Non-Recoverable Depreciation Disclaimer

Non-Recoverable Depreciation (NRD) Responsibility:

For insurance claim projects, if your insurance carrier designates any portion of the claim as Non-Recoverable Depreciation (NRD), the homeowner is responsible for paying the NRD amount directly to Texas HomePro LLC in addition to the insurance deductible.

This disclaimer applies exclusively to insurance claim projects and does not apply to cash or financed jobs. By proceeding with this agreement, the homeowner acknowledges and accepts their responsibility to pay any NRD amounts as outlined by their insurance carrier.

DIGITAL SIGNATURE ACKNOWLEDGMENT AND CONSENT

The Owner(s) acknowledge and agree that the original agreement underlying this lien acknowledgment is an electronically signed contract, quote, estimate, scope of loss, or work order executed using a recognized digital contracting platform including, but not limited to, JobTread, JobNimbus, or JotForm. All such documents are collectively referred to herein as the "Contract." Each party consents to the use of electronic signatures and understands these are legally binding to the same extent as an original signature pursuant to Chapter 322 of the Texas Business & Commerce Code (Texas Uniform Electronic Transactions Act), Chapter 15 of the Texas Property Code, and all other applicable law.

The parties further agree that the electronic record of their signatures, as maintained and produced by these digital contracting platforms, constitutes proof of their execution of the Contract. All parties expressly consent to receive and execute this Homestead Lien Acknowledgment and Consent electronically. If notarization is required for recording or enforcement of a lien, electronic notarization performed in compliance with Texas law is acceptable.

Non-Itemization Disclaimer

Non-Itemization Policy:

Texas HomePro LLC provides lump sum pricing for project estimates and invoices for cash contracts. For insurance claim projects, Texas HomePro LLC will provide itemization to the insurance carrier as required. Requests for detailed breakdowns of labor and materials for cash projects will not be accommodated, as all estimates and invoices represent the total cost of the project as a whole, including labor, materials, and any other associated expenses.

By proceeding with this agreement, the homeowner acknowledges and accepts this policy.

Errors and Omissions Disclaimer

Texas HomePro strives to provide accurate and reliable information, services, and documentation. However, mistakes, inaccuracies, or omissions may occur. By engaging with Texas HomePro's services, you acknowledge and agree to the following:

  1. No Guarantees of Perfection:
    While every effort is made to ensure the accuracy and completeness of information, Texas HomePro disclaims any liability for errors, omissions, or inaccuracies in the estimates, contracts, invoices, or other documents provided.

  2. Notification of Errors:
    If any errors or omissions are discovered, the homeowner or authorized party must notify Texas HomePro in writing within 10 business days of the error being identified. Texas HomePro will take reasonable steps to address and correct the issue promptly.

  3. Limitation of Liability:
    Texas HomePro shall not be held liable for any direct, indirect, incidental, or consequential damages resulting from errors or omissions in the provided services or documentation, except as required by applicable law.

  4. Scope of Corrections:
    Any corrections made will apply solely to the identified errors or omissions and will not invalidate the overall contract, agreement, or warranty between Texas HomePro and the homeowner.

  5. Responsibility for Verification:
    The homeowner agrees to review all estimates, invoices, and agreements carefully and to communicate any discrepancies before accepting the terms or commencing work.

  6. Exclusions:
    This disclaimer does not waive the homeowner's rights under applicable consumer protection laws, and it is not intended to exclude or limit Texas HomePro's responsibility in cases of gross negligence or willful misconduct.

Vocabulary Definitions Clause

Vocabulary Definitions:

For the purposes of this agreement, the following terms are defined as follows:

  1. Owner(s): Refers to the individual(s) listed as the property owner(s) or their authorized representative(s) on the signed work order or estimate document.

  2. Signatures: Refers to the legally binding signatures provided on the work order or estimate document, acknowledging acceptance of the terms, conditions, and disclaimers outlined in this agreement.

  3. Work Order: Refers to the document outlining the scope of work to be performed by Texas HomePro LLC, including itemized tasks, estimated costs, and any other specific terms agreed upon by the owner(s) and Texas HomePro LLC.

  4. Estimate: Refers to the document providing a breakdown of costs and services proposed by Texas HomePro LLC, which, upon signing, becomes a binding agreement between the parties.

  5. Document: Refers to the collective set of agreements, disclaimers, terms, and conditions, including but not limited to work orders, estimates, contracts, and supporting documentation.

  6. Scope of Loss: Refers to the document providing a breakdown of costs and services proposed by your insurance carrier or Texas HomePro LLC, which, upon signing, becomes a binding agreement between the parties.

  7. Contract: For the purposes of this agreement and all related documents, a contract is defined as any legally binding agreement—regardless of its title or form—including but not limited to work orders, estimates (if accepted), quotes, proposals, scopes of loss, and similar documents. This includes any document executed by the parties that sets forth the terms for labor, materials, services, or improvements to real property, whether signed by hand or electronically via recognized platforms such as JobTread, JobNimbus, JotForm, or their equivalents.

  8. Electronic Execution: When a work order, quote, proposal, or estimate is accepted, acknowledged, or executed (including by electronic signature or other digital authentication methods), it constitutes a binding contract that sets forth the scope, price, terms, and conditions of the parties' agreement and is fully enforceable under Texas law. All such documents, regardless of their specific label, are collectively considered "Contracts" for the purposes of Texas Property Code, the Texas Uniform Electronic Transactions Act, and other applicable state and federal law, and have the same legal effect as a traditional contract if agreed to by the parties.

By signing the work order or estimate document, the owner(s) confirm that they have read, understood, and agreed to all terms and conditions outlined herein, including the definitions provided in this clause.

Notice to Owner -- Important Statutory Warning

IMPORTANT NOTICE: You and your contractor are responsible for meeting the terms and conditions of this contract. If you sign this contract and fail to meet these terms, you may lose legal ownership rights in your home. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.

Furthermore, while every effort has been made to ensure the accuracy of the information contained in this notice, Texas HomePro LLC shall not be held liable for any inadvertent errors, omissions, or discrepancies in this document. Such errors do not invalidate the debt or the legal remedies available to Texas HomePro LLC to recover the unpaid balance. If you have questions or disputes about the content of this notice, please contact our office promptly for clarification.

TEXAS HOMEPRO LLC HOMESTEAD LIEN ACKNOWLEDGMENT AND CONSENT (DIGITAL SIGNATURE VERSION)
PROPERTY DESCRIPTION
The Owner(s) acknowledge that the property described in this Contract (the "Property") is or may constitute the Owner's homestead under the laws of the State of Texas.
Property Address: [SEE WORK ORDER]
Owner(s) Name(s): [SEE WORK ORDER]
Date of Agreement: [SEE WORK ORDER]
LIEN AUTHORIZATION AND CONSENT
The Owner(s) knowingly and voluntarily consent to the creation of a valid mechanic's and materialman's lien against the Property to secure payment for the improvements, labor, services, and materials furnished by Texas HomePro LLC under this Contract. The lien shall be created and enforceable only to the extent permitted by the Texas Constitution and the Texas Property Code, Chapter 53.
The Owner(s) agree that by executing this document electronically, they are providing the same legal consent as would be provided by a traditional handwritten signature, and they further agree to execute, upon request, any necessary affidavits, lien acknowledgments, or other documents reasonably required to perfect, validate, or evidence such lien rights consistent with Texas law.
NOTICE OF MECHANIC'S LIEN RIGHTS
Texas law affords Texas HomePro LLC, subcontractors, and suppliers certain lien rights, as follows:
IMPORTANT NOTICE TO PROPERTY OWNER:
  • If Texas HomePro LLC or any subcontractor or supplier is not paid for labor or materials supplied for improvements to the Property, they may have the right to enforce a mechanic's lien against the Property.
  • To avoid such liens, the Owner(s) should ensure that Texas HomePro LLC makes timely payment to all subcontractors and suppliers.
  • Prior to commencement of work, Texas HomePro LLC may provide the Owner(s) with a written list of all subcontractors and suppliers expected to perform or furnish work or materials for this project, unless such list has been expressly waived by the Owner(s) in accordance with Texas Property Code § 53.256.
RIGHT TO FILE LIEN
In the event of nonpayment under the terms of this Contract, Texas HomePro LLC may file a mechanic's lien claim against the Property in accordance with Chapter 53 of the Texas Property Code. The lien shall secure payment for the labor, materials, services, and improvements supplied hereunder and shall be enforceable as provided by Texas law.
The Owner(s) acknowledge that this consent to lien is a material inducement for Texas HomePro LLC to enter into this Contract and perform the work described herein.
TERMINATION RIGHTS
Either Party may terminate this Contract by providing written notice at least five (5) days prior to the effective date of termination if the other Party fails to comply with a material term of this Contract. Upon termination, Texas HomePro LLC shall be entitled to payment for all authorized work performed and materials supplied through the termination date, plus any applicable cancellation fees as outlined in this agreement.
SPOUSAL AND CO-OWNER CONSENT
CRITICAL REQUIREMENT FOR HOMESTEAD PROPERTIES:
If the Property is owned by more than one person, or is community property of a married couple, each spouse and co-owner must sign this Acknowledgment and the Contract.
Important: Under Texas law, both spouses must consent to any lien on a homestead property. If all required owners and spouses do not execute this Contract and Acknowledgment, any purported lien on a homestead may be subject to challenge or may be invalid and unenforceable.
By executing this document, each Owner represents that:
  • They have authority to bind the Property to this lien
  • All necessary co-owners and spouses are executing this document
  • They understand the legal consequences of creating a lien on homestead property
RIGHT OF RESCISSION
THREE-DAY CANCELLATION NOTICE:
To the extent this transaction qualifies as a home improvement contract on a homestead, the Owner(s) acknowledge their right of rescission in accordance with applicable federal law (Truth in Lending Act, 15 U.S.C. § 1635) and Texas law (Texas Business & Commerce Code Chapter 601).
YOU HAVE THE RIGHT TO CANCEL THIS CONTRACT WITHOUT PENALTY WITHIN THREE (3) BUSINESS DAYS FROM THE DATE YOU SIGN THIS AGREEMENT.
To exercise your right of rescission, you must provide written notice to Texas HomePro LLC within the 3-business-day period by:
  1. Completing the online cancellation form: https://form.jotform.com/250145763122146
  2. Mailing written notice to:
    Texas HomePro LLC
    401 W Bus 190
    Copperas Cove, Texas 76522
  3. Emailing written notice to: office@texashomepro.org
  4. Hand-delivering written notice to the address above
If you cancel within the 3-day period, you will receive a full refund of any payments made.
After the 3-day rescission period expires, the cancellation policy outlined in the Terms and Conditions applies, including the 25% cancellation fee for projects where work has not yet commenced.
CANCELLATION POLICY (AFTER 3-DAY RESCISSION PERIOD)
If the homeowner decides to cancel the project after the 3-business-day right of rescission period has expired, the following cancellation policy applies:
Cancellation Fee: A 25% cancellation fee will be applied to all payments received. This fee covers administrative costs, project planning, scheduling, and any materials or labor already allocated to the project.
Refund Timeline: Refunds for payments made will be issued after deducting the 25% cancellation fee and any additional costs incurred by Texas HomePro LLC for work performed or materials purchased up to the cancellation date. Texas HomePro LLC reserves the right to issue refunds within 60 days of receiving the written cancellation notice.
How to Cancel:
To cancel after the 3-day rescission period, submit a written cancellation request using the online form: https://form.jotform.com/250145763122146
This cancellation policy is included in the Terms and Conditions provided with your signed agreement.
DIGITAL SIGNATURE ACKNOWLEDGMENT AND CONSENT
The Owner(s) acknowledge and agree that the original agreement underlying this lien acknowledgment is an electronically signed contract, quote, estimate, scope of loss, or work order executed using a recognized digital contracting platform including, but not limited to, JobTread, JobNimbus, JotForm, or similar platforms. All such documents are collectively referred to herein as the "Contract."
Legal Effect of Electronic Signatures:
Each party consents to the use of electronic signatures and understands these are legally binding to the same extent as an original handwritten signature pursuant to:
  • Chapter 322 of the Texas Business & Commerce Code (Texas Uniform Electronic Transactions Act)
  • Chapter 15 of the Texas Property Code
  • Federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act)
  • All other applicable federal and state law
Digital Record Retention:
The parties further agree that the electronic record of their signatures, as maintained and produced by these digital contracting platforms, constitutes proof of their execution of the Contract and this Homestead Lien Acknowledgment.
Consent to Electronic Execution:
All parties expressly consent to receive and execute this Homestead Lien Acknowledgment and Consent electronically. The Owner(s) understand that their electronic signature has the same legal force and effect as a handwritten signature.
No Notarization Required:
The parties acknowledge that while Texas law historically has recommended notarization of homestead lien contracts for enhanced enforceability, this document is executed electronically in compliance with Texas electronic signature laws and constitutes a valid and enforceable agreement. The parties agree that electronic execution through the approved digital platforms listed above satisfies all formal execution requirements.
ACKNOWLEDGMENT AND VOLUNTARY CONSENT
By signing below (or by electronically executing this document through the approved digital platform), the Owner(s) acknowledge that:
  1. Understanding: They fully understand the nature and effect of granting a mechanic's and materialman's lien against their homestead property.
  2. Receipt of Notice: They have received all required lien notices pursuant to Texas Property Code Chapter 53.
  3. Voluntary Consent: They voluntarily consent to the filing and enforcement of such lien to the extent permitted by the Texas Constitution and Texas Property Code.
  4. Review of Terms: They have read and understood all terms and conditions of this Homestead Lien Acknowledgment and the underlying Contract.
  5. Right to Cancel: They understand their right to cancel this agreement within three (3) business days without penalty by completing the cancellation form at https://form.jotform.com/250145763122146.
  6. Cancellation Policy: They understand that cancellation after the 3-day rescission period will result in a 25% cancellation fee as outlined in the Terms and Conditions.
  7. Legal Authority: They have legal authority to bind the Property and all necessary co-owners and spouses are executing this document.
  8. Electronic Signature Validity: They understand that their electronic signature is legally binding and enforceable under Texas and federal law.
  9. Document Access: They have access to a complete copy of this Homestead Lien Acknowledgment and the Terms and Conditions.
  10. Opportunity for Legal Counsel: They have had the opportunity to consult with legal counsel before executing this agreement.
STATUTORY WARNING TO OWNER
NOTICE TO OWNER -- IMPORTANT STATUTORY WARNING:
YOU AND YOUR CONTRACTOR ARE RESPONSIBLE FOR MEETING THE TERMS AND CONDITIONS OF THIS CONTRACT. IF YOU SIGN THIS CONTRACT AND FAIL TO MEET THESE TERMS, YOU MAY LOSE LEGAL OWNERSHIP RIGHTS IN YOUR HOME. KNOW YOUR RIGHTS AND DUTIES UNDER THE LAW.
MECHANIC'S LIEN WARNING:
Contractors, subcontractors, and suppliers who work on your property or provide materials may file a mechanic's lien against your property if they are not paid. This lien could result in foreclosure and loss of your home if the debt is not satisfied. To protect yourself, you should ensure that your contractor pays all parties who work on your property.
RIGHT TO RECEIVE SUBCONTRACTOR LIST:
Under Texas Property Code § 53.256, you have the right to receive a list of all subcontractors and material suppliers who will work on your project, unless you voluntarily waive this right. If you have waived this right, you may request the list at any time, though the waiver will remain in effect unless revoked by separate written agreement.
DEFINITIONS
For purposes of this Homestead Lien Acknowledgment:
"Contract" means any legally binding agreement—regardless of its title or form—including but not limited to work orders, estimates (if accepted), quotes, proposals, scopes of loss, and similar documents executed by the parties.
"Owner(s)" means the individual(s) or entity listed as the property owner(s) on the signed work order or estimate document.
"Property" means the real property and homestead located at the address specified in the work order.
"Homestead" means the property designated as the Owner's primary residence under Texas Constitution Article XVI, Section 50.
"Mechanic's Lien" means a statutory lien created under Texas Property Code Chapter 53 to secure payment for labor, materials, and services provided for improvements to real property.
"Electronic Signature" means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record, as defined by Texas Business & Commerce Code § 322.002.
ENTIRE AGREEMENT
This Homestead Lien Acknowledgment, together with the Terms and Conditions and the underlying Contract (work order, estimate, or scope of loss), constitutes the entire agreement between the parties regarding the creation of a lien on the Property. Any modifications must be made in writing and executed by both parties.
SEVERABILITY
If any provision of this Homestead Lien Acknowledgment is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
GOVERNING LAW
This Homestead Lien Acknowledgment shall be governed by and construed in accordance with the laws of the State of Texas, including but not limited to:
  • Texas Constitution, Article XVI, Section 50
  • Texas Property Code, Chapter 53 (Mechanic's, Contractor's, or Materialman's Lien)
  • Texas Business & Commerce Code, Chapter 322 (Uniform Electronic Transactions Act)
  • Texas Property Code, Chapter 15 (Uniform Electronic Transactions Act - Property)
  • All other applicable Texas statutes and common law
EXECUTION
BY EXECUTING THIS DOCUMENT (EITHER BY HANDWRITTEN SIGNATURE OR ELECTRONIC SIGNATURE THROUGH AN APPROVED DIGITAL PLATFORM), THE OWNER(S) CERTIFY THAT:
  • They have read and understand this entire Homestead Lien Acknowledgment
  • They voluntarily consent to all terms and provisions
  • They acknowledge receipt of all required legal notices
  • They understand their right to cancel within 3 business days
  • They understand the cancellation policy after the 3-day period
  • They consent to the creation of a mechanic's lien on their homestead property
  • Their electronic signature (if applicable) is legally binding
CANCELLATION INSTRUCTIONS:
To cancel within 3 business days: Complete the form at https://form.jotform.com/250145763122146 or send written notice to Texas HomePro LLC at 401 W Bus 190, Copperas Cove, Texas 76522.
To cancel after 3 business days: Complete the same form (25% cancellation fee applies).
OWNER SIGNATURE(S):
[Electronic signature captured via JobTread, JobNimbus, JotForm, or equivalent approved platform]
Owner Name: _________________________________ Date: _____________
Co-Owner/Spouse Name: _________________________________ Date: _____________
(If property is owned jointly or is community property, BOTH spouses/co-owners must sign)
CONTRACTOR SIGNATURE:
Texas HomePro LLC
By: _________________________________ Date: _____________
Authorized Representative Name and Title
ACKNOWLEDGMENT OF RECEIPT:
By signing above or electronically executing this document, the Owner(s) acknowledge receipt of:
  • This Homestead Lien Acknowledgment and Consent
  • The complete Terms and Conditions
  • Notice of Right to Cancel (3-day rescission notice)
  • Notice of Mechanic's Lien Rights
  • Cancellation form link: https://form.jotform.com/250145763122146
END OF HOMESTEAD LIEN ACKNOWLEDGMENT
TEXAS HOMEPRO LLC CONTACT INFORMATION
Mailing Address:
401 W Bus 190
Copperas Cove, Texas 76522
Phone: (512) 540-4050
Email: office@texashomepro.org
Cancellation Form: https://form.jotform.com/250145763122146
NOTICE OF RIGHT TO CANCEL
TEXAS HOMEPRO LLC
Date of Transaction: ___________________________
Property Owner(s) Name(s): ___________________________
Property Address: ___________________________
Contract Amount: $ ___________________________
YOUR RIGHT TO CANCEL
You are entering into a transaction that will result in a lien on your home. You have a legal right to cancel this transaction, without cost, within three (3) business days from whichever of the following events occurs last:
  1. The date of the transaction, which is the date you signed the contract; OR
  2. The date you received your Truth in Lending disclosures; OR
  3. The date you received this notice of your right to cancel.
IMPORTANT INFORMATION ABOUT YOUR CANCELLATION RIGHTS
Federal Law Protection (Truth in Lending Act)
Under federal law (Truth in Lending Act, 15 U.S.C. § 1635), you have the right to cancel this transaction if it involves your principal dwelling and creates or retains a security interest (lien) on that property.
Texas Law Protection
Under Texas law (Texas Business & Commerce Code Chapter 601), you also have the right to cancel certain home improvement contracts within three (3) business days.
What "Business Days" Means
"Business days" means all calendar days except Sundays and federal legal public holidays. This means you do NOT count Sundays or federal holidays when calculating your three-day cancellation period.
HOW TO CANCEL
To cancel this transaction, you may use ANY of the following methods:
Method 1: Online Cancellation Form (Recommended)
Complete the online form at:
https://form.jotform.com/250145763122146
Method 2: Mail Written Notice
Send written notice to:
Texas HomePro LLC
401 W Bus 190
Copperas Cove, Texas 76522
Method 3: Email Written Notice
Email your cancellation notice to:
office@texashomepro.org
Method 4: Hand Delivery
Deliver written notice in person to:
Texas HomePro LLC
401 W Bus 190
Copperas Cove, Texas 76522
Business Hours: Monday - Friday, 8:00 AM - 5:00 PM
CANCELLATION DEADLINE
You must cancel by midnight of the third business day following the latest of the three events listed at the top of this notice.
Your cancellation deadline is: ___________________________
(To be filled in by Texas HomePro LLC at time of contract execution)
WHAT HAPPENS IF YOU CANCEL
If you cancel this transaction within the three (3) business day period:
  1. Any lien on your home arising from this transaction becomes void.
  2. You will receive a full refund of any money you have paid, including any deposit or down payment.
  3. You are not liable for any amount, including any finance charges.
  4. Texas HomePro LLC must return any property or money you have given as part of this transaction within 10 calendar days of receiving your cancellation notice.
  5. If Texas HomePro LLC has already performed any services on your property before receiving your cancellation notice:
    • You are not required to pay for those services
    • Texas HomePro LLC may keep materials delivered to your property as long as they do not damage the property when removing them
    • If materials cannot be removed without causing damage, they become your property at no cost to you
SAMPLE CANCELLATION NOTICE
You may use this sample notice to cancel. Simply fill it out, sign it, and send it using one of the methods listed above.
CANCELLATION NOTICE
Date: ___________________________
To: Texas HomePro LLC
401 W Bus 190
Copperas Cove, Texas 76522
I/We hereby cancel the transaction for home improvements at the following property:
Property Address: ___________________________________________
Contract Date: ___________________________
Owner Name(s): ___________________________________________
Signature(s): ___________________________________________
Date Signed: ___________________________
IMPORTANT WARNINGS
DO NOT Sign This Notice If:
  • You do not own the property described in the contract
  • The property is not your principal dwelling (primary residence)
  • You do not understand your cancellation rights
  • You have questions about this notice or your rights
Contact Us With Questions:
If you have any questions about your right to cancel, contact:
Texas HomePro LLC
Phone: (512) 540-4050
Email: office@texashomepro.org
You may also wish to consult with an attorney before signing.
LEGAL AUTHORITY
This Notice of Right to Cancel is provided pursuant to:
  • Federal Truth in Lending Act - 15 U.S.C. § 1635
  • Regulation Z - 12 C.F.R. § 1026.23
  • Texas Business & Commerce Code - Chapter 601 (Home Solicitation Sales)
  • Texas Finance Code - Chapter 346 (Deceptive Trade Practices)
ACKNOWLEDGMENT OF RECEIPT
I/We acknowledge that:
  1. I/We have received two (2) copies of this Notice of Right to Cancel.
  2. I/We understand that I/we have the right to cancel this transaction within three (3) business days.
  3. I/We understand how to calculate the three (3) business day period.
  4. I/We know how to cancel this transaction if I/we choose to do so.
  5. I/We understand that if I/we cancel within the three (3) business day period, I/we will receive a full refund and any lien on my/our home will be void.
  6. I/We have been provided with the online cancellation form link: https://form.jotform.com/250145763122146
  7. I/We have been given contact information for Texas HomePro LLC if I/we have questions.
  8. I/We understand my/our rights and obligations under this notice.
OWNER SIGNATURE(S): DIGITAL SIGNATURE ON JOB TREAD 
Primary Owner:
Signature: _________________________________________ Date: ______________
Printed Name: _________________________________________
Co-Owner/Spouse (if applicable):
Signature: _________________________________________ Date: ______________
Printed Name: _________________________________________
FOR OFFICE USE ONLY
Transaction Date: ___________________________
Date Notice Provided to Owner: ___________________________
Cancellation Period Expires: ___________________________
Method of Delivery:
☐ Hand Delivered
☐ Email (with read receipt)
☐ Certified Mail, Return Receipt Requested
☐ Electronic via JobTread/JobNimbus/JotForm
Delivered By: ___________________________
Received By: ___________________________
RETAIN THIS NOTICE
Keep one copy of this notice for your records. You have until the cancellation deadline shown above to cancel this transaction without penalty.
TEXAS HOMEPRO LLC
401 W Bus 190
Copperas Cove, Texas 76522
Phone: (512) 540-4050
Email: office@texashomepro.org
Online Cancellation Form:
https://form.jotform.com/250145763122146
This form complies with federal Truth in Lending Act (15 U.S.C. § 1635), Regulation Z (12 C.F.R. § 1026.23), and Texas Business & Commerce Code Chapter 601 requirements for notice of right to cancel home improvement transactions involving a lien on the borrower's principal dwelling.

Contact Us

401 US-190 Copperas Cove Texas 76522

(512) 540-4050

Servicing: Killeen, Copperas Cove, Harker Heights, Nolanville, Temple, Belton, Waco, Round Rock, Georgetown, Leander, Liberty Hill, Burnet, Lampasas, Kempner, Gatesville, Pflugerville, and Cedar Park. 

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