Waiver & Assumption of Risk

Effective Date: [PENDING โ€” effective upon attorney approval]

This Waiver describes the inherent risks of home repair and maintenance and allocates certain risks for pre-existing and hidden conditions. It includes important provisions on hidden and latent conditions (Section 4), hazardous materials (Section 5), and a release that โ€” to the extent permitted by law โ€” does NOT cover gross negligence or willful misconduct and does NOT waive the Workmanship Warranty (Sections 8โ€“9).

1. Purpose & Scope

This Waiver & Assumption of Risk (the "Waiver") describes risks inherent in home repair and maintenance work and allocates certain of those risks between you (the "Client") and the independent service professional (the "Provider") matched through the NorTech platform (the "Platform"). It supplements the NorTech Terms of Service, which control in the event of any conflict. By booking a Job and permitting work at your property, you acknowledge and agree to this Waiver to the extent permitted by law.

2. Assumption of Inherent Risks

Home repair and maintenance work carries inherent risks even when performed carefully, including dust, noise, vibration, minor cosmetic marks, the temporary disruption of utilities, and the possibility that working on aging or hidden building systems reveals further problems. You voluntarily assume these inherent and unavoidable risks. This assumption of risk does not relieve the Provider of the duty to perform the Job with reasonable care, and it does not apply to harm caused by gross negligence or willful misconduct.

3. Pre-Existing Conditions

You agree to disclose pre-existing conditions of the property that you know about and that are relevant to the Job, including prior water damage, prior repairs, structural issues, and known defects. Neither NorTech nor the Provider is responsible for pre-existing conditions, for the failure of pre-existing work or materials, or for damage that results from a condition that existed before the Job and was not caused by the Provider's work.

4. Hidden & Latent Conditions

Some conditions are hidden, latent, or concealed and cannot reasonably be discovered before work begins. Neither NorTech nor the Provider is responsible for undisclosed or concealed conditions, including hidden water damage, mold, asbestos, lead paint, knob-and-tube or other concealed wiring, concealed structural defects, and pest infestation. If such a condition is encountered, the Provider may pause the Job, and any further or remediation work โ€” if possible within scope โ€” requires a change order under the Terms of Service.

5. Hazardous & Regulated Materials

If the Provider encounters or reasonably suspects hazardous or regulated materials (such as asbestos, lead paint, mold, or other regulated substances), the Provider may stop or pause work in the affected area for safety. Neither NorTech nor the Provider performs the testing, abatement, or remediation of regulated materials, and neither is responsible for such remediation; that work must be handled by a qualified, appropriately licensed specialist arranged by the Client. The Provider may resume only after the area is made safe.

6. Protection of Valuables & Fragile Items

You are responsible for removing or securing valuables, fragile items, irreplaceable items, electronics, artwork, and other personal property in and around the work area before the scheduled start. While the Provider will use reasonable care, neither NorTech nor the Provider is responsible for damage to or loss of items that you failed to secure, except to the extent caused by gross negligence or willful misconduct.

7. Pets & Children

You agree to keep pets and children clear of the work area for their safety and the safety of the Provider for the duration of the Job. Neither NorTech nor the Provider is responsible for injury to, or behavior of, pets or children that are not kept clear of the work area, except to the extent caused by gross negligence or willful misconduct.

8. Release & Hold Harmless (To the Extent Permitted by Law)

To the extent permitted by law, and in consideration of the Services, you release and agree to hold harmless NorTech and its officers and affiliates, and the Provider, from claims arising out of the inherent risks described in this Waiver and out of conditions you failed to disclose or secure. This release does NOT apply to, and does not limit liability for, gross negligence or willful misconduct, and it does NOT waive any right that cannot be waived under applicable law. Nothing in this Waiver is intended to limit liability beyond what California law permits.

9. This Is Not a Waiver of the Workmanship Warranty

This Waiver does not waive, reduce, or affect the limited Workmanship Warranty described on the Satisfaction Guarantee page. The Workmanship Warranty continues to apply to defects in workmanship according to its terms, separate from and in addition to this Waiver.

10. Insurance

NorTech maintains general liability insurance with a minimum of $1,000,000 per occurrence, as described in the Terms of Service and the License Disclosure. This Waiver does not limit any coverage available under that insurance, which remains subject to its own terms, conditions, and exclusions.

11. Dispute Resolution

Any dispute arising out of or relating to this Waiver is subject to the binding arbitration and class-action-waiver provisions in the NorTech Terms of Service, which are incorporated by reference. Please first contact us so we can try to resolve the issue informally before commencing arbitration as described in the Terms of Service.

12. Governing Law

This Waiver is governed by the laws of the State of California, without regard to conflict-of-laws rules. Subject to the arbitration provisions in the Terms of Service, the exclusive venue for any permitted court action is Santa Clara County, California.

13. Severability

If any provision of this Waiver is found to be unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. The unenforceability of any release language does not affect the other terms of this Waiver or the Terms of Service.

14. Contact

NorTech โ€” 2570 N First St, San Jose, CA 95131 ยท legal@nortech.site