#4140082 T/C Booklet v2014

2014

PF2341

TERMS &CONDITIONS PREMIER BATHS, INC

2330 S. Nova Road, South Daytona, Florida 32119

NOTICE

This booklet contains important information regarding your contract agreement with Premier Baths, Inc. Please carefully review the section specific to your geographic region before signing your contract agreement, and consult your Premier Care Bathing Specialist if you have questions regarding terminology.

Content Table

UNITED STATES...................................................02 All States and Territories except California

CALIFORNIA........................................................08

CANADA..............................................................13 All Provinces and Territories

ACKNOWLEDGEMENT...........................................16 Must be signed by Buyer (Back Cover)

Š2014 Premier Care in Bathing. All rights reserved.

Printed in United States of America.

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Premier Care in Bathing takes your privacy seriously.

Please visit http://premiercarebathing.com/privacy. for answers to your questions about your privacy, or consult your friendly Bathing Consultant.

The parties hereby covenant and agree to as follows: 1. The party executing as customer (“Buyer”) represents to the Company that the Buyer is now the owner of the land and buildings as described in the Job Address (“Property”). The Buyer represents to the Company that the Buyer has the ability to authorize the Specifications and work to be completed on the Property. The Buyer is solely responsible to ensure that the Specifications in the Agreement do not violate (a) any building covenants to which Buyer is subject, (b) any building code requirements, (c) any home owner/condominium association requirements, or (d) any other third party requirements affecting the Property (all four collectively referred to as “Third Party Requirements”). If any third party attempts to impose Third Party Requirements on the Company, the Company may notify such third party of the Buyer’s representations herein. If the Company is damages by the Third Party Requirements, including without limitation to additional costs to complete the Specifications, the Buyer shall be responsible for reimbursing the Company for such damage.

2. In the event that the Buyer shall sell or otherwise dispose of the Property, file or be subject to the authority of any bankruptcy court, allow a judgement and/or lien to be registered against the Property, the unpaid balance due or to be due hereunder shall immediately become due and payable, regardless of the terms of any other document executed between the Company and Buyer to the contrary.

3. The Company shall not be responsible for any damage, or delay due to strike, fire, accident, or other causes beyond their control.

4. This Agreement does not include any additional work other than expressly specified herein. Any alteration or deviation from the Specifications herein, involving extra costs or material or labor will become an extra charge in addition to the Total Contract Price stated in this Agreement. All modifications or additional agreements with respect to this Agreement in favor of the Buyer, must be in writing and signed by the Company. No oral statements by an agent or employee of the Company are binding upon the company unless in writing and executed by an authorized agent of the Company.

5. To the extent required or allowed by law or regulation, Buyer will apply for all applicable State and local building and construction permits necessary for the installation (“Permits”) as required under State laws or local ordinances. The Company is not obligated to commence work until receipt of such Permits. Upon execution of the Agreement and notification of receipt of the Permits, the Company will arrange, the ordinary course of business, for an independent contractor to carry out the installation. No representation, whether oral or in writing, regarding a projected starting and ending date for the installation will be enforceable against the Company.

6. Electrical Work. The Company is not permitted to carry out or arrange electrical work. It is the Buyer’s responsibility and cost to arrange a licensed electrical contractor to fulfill such works.

7. Premier Baths, Inc. is not responsible for the condition or capacity of any existing plumbing fixtures in the home including but not limited to water heaters.

8. If the Buyer reschedules any installation, without at least twentyfour (24) hours prior notice, the Buyer will be responsible to the Company and its agents for any damages arising from such delay.

9. The acknowledges that, by signing this Agreement, the Company

UNITED STATES (except CA)

TERMS AND CONDITIONS

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UNITED STATES (except CA) 4

will incur costs in anticipation of performance of their obligations hereunder. The Buyer acknowledges that the exact amount of such costs if is extremely difficult and impractical to determine with any degree of certainty. Therefore, in the event the Buyer breaches this Agreement before the Company commences their performance under this Agreement, the Buyer agrees to pay the Company 33% of the Total Contract Price as liquidated damages. The parties agree that this charge represents a fair and reasonable estimate of the costs that the Company will incur, before commencing their performance of their obligations under this Agreement. After the Company has commenced installation of the Specifications, the Buyer agrees to be responsible for Total Contract Price and for all other damages incurred by the Company resulting from the Buyer’s breach of this Agreement. The Company does not waive any right to pursue any damages against the Buyer, even if the Company accepts partial payment. The Company reserves all rights to pursue any legal rights and remedies available to the Company.

10. This Agreement shall become binding upon the Company upon acceptance by the Company either in writing or by commencing hereunder.

11. If any Specification and/or Term and Condition of this Agreement is determined to be invalid or unenforceable, those unenforceable/invalid Specifications and/or Terms and Conditions shall be deemed to be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement.

12. The Company may reject this Agreement by providing written notice of termination to Buyer within three (3) days of Buyer’s execution of this Agreement.

13. The Buyer agrees to allow the Company and its agents access to the Property, as deemed necessary by the Company, to complete the Specifications, to inspect the completed job, and to investigate complaints regarding the installation and to address such allegations as the Company deems appropriate.

The Buyer further agrees that before the Buyer files any complaint with any governmental agency or business entity, the Buyer shall allow the Company every reasonable opportunity to remedy the Buyer’s complaint. If the Buyer fails to provide the Company with access requested by the Company, Buyer waives and releases the Company and its agents of any liabilities or damages arising from this Agreement, whether arising from the complaint or otherwise.

14. The Buyer authorizes the Company to obtain or exchange any personal and/or credit information with any agent towards establishing or verifying the Buyer’s financial status.

15. The Buyer fully understands that the Total Contract Price is due and payable in full immediately upon completion of the Specifications in this Agreement. The only exception is if the Total Contract Price has been financed through a third party lending institution or a separately agreed upon customer payment plan: in which case, the Buyer agrees to sign all necessary papers and provide all stipulations required by such a lending institution immediately upon request. If the Buyer refuses to sign the paper work or provide the stipulations then interest shall accrue, at the rate of 1.5 percent per month, upon the Company completing the Specifications, and will be added to the Total Contract Price remaining due and unpaid.

16. Amounts past-due hereunder shall incur a late fee equal to 1.5 percent per month of the portion of the Total Contract Price remaining due and unpaid each month thereafter until the Total

UNITED STATES (except CA)

Contract Price is paid in full. The Company shall be entitled to an award of its attorneys fees in connection with any legal action brought to collect any amounts due and owing hereunder to cover the extra administrative and other costs.

17. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration pursuant to the AAA rules and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

18. The Company has a policy of continued improvement and reserves the right to modify its products as displayed in any advertisements or sales material, from time to time as it deems necessary, without notice or liability to the Buyer.

19. The parties agree that the courts of the State of Florida, or the courts of the United States located in the Middle District of the State of Florida, shall have the sole and exclusive jurisdiction to entertain any action between the parties hereto and the parties hereto waive any and all objections to venue being in the state courts located in Volusia County (and agree that the sole venue for such challenges shall be Volusia County) or the Middle District of Florida, if federal jurisdiction is appropriate.

20. Both the sales contractor executing this Agreement on behalf of the Company and the installations contractor performing the Specifications under this Agreement are independent contractors of the Company and are not employees of the Company. By executing this Agreement, Buyer waives any claims to argue that such persons are an employee and release the Company from any claims arising from the Company’s engagement of such consultants. THE COMPANY IS NOT LIABLE TO BUYER IF BUYER MAKES ANY PAYMENT UNDER THIS AGREEMENT PAYABLE DIRECTLY TO ANYONE OTHER THAN “PREMIER BATHS, INC.” 21. Buyer hereby indemnifies the Company from any damages arising from Buyer’s breach of any representation, covenants or obligation hereunder, or including without limitation reasonable attorneys fees and costs. Buyer represents to the Company that Buyer has no knowledge of any condition or fact regarding the Property which might pose a danger to the company or its agents or that might make the installation more difficult or expensive.

22. THE EXPRESS WARRANTIES, IF ANY, CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF MANUFACTURER. 23. Upon completion of the installation, the Buyer shall inspect the installation and either execute a reasonable acceptance and satisfaction, in a form satisfactory to the Company, or notify the Company of any objections or complaints. If Buyer fails to execute acceptance and satisfaction and to notify the Company of any objections or complaints within three (3) days of installation, the Buyer will waive any claims against the Company, and the Company shall have no duty to address any objections or complaints.

24. This Agreement constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes any oral statements. The rights, obligations, and interests of the parties may not be changed, modified or amended except by written agreement of the parties hereto, including without limitation by oral statements of the sales consultant, contractor or any other person or entity.

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UNITED STATES (except CA)

NOTICE TO BUYER All installation work and improvements to be made hereunder will be performed by an Authorized Contractor. As used herein, “Authorized Contractor” shall mean an independent contractor properly licensed by the State and if required, by any country, city or other municipality in which the improvements described herein are to be made.

Florida Residents Construction Industries Recovery Fund Payment may be available from the Construction Industries Recovery Fund is you lose money on a project performed under contract, where the loss results from specified violations of Florida law by a state-licensed contractor. For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following telephone number and address: CILB Recovery Fund 7960 Arlington Expressway, Suite 300, Jacksonville, FL 32211 BUYER’S RIGHT TO CANCEL You may cancel this transaction, without any obligation, within three (3) business days from the date this Agreement was signed.

However, you may not cancel if you have requested the seller to provide goods or services without delay because of an emergency and: 1. The Company in good faith makes a substantial beginning of performance or the Agreement before you give notice of cancellation; and 2. In the case of goods, the goods cannot be returned to the Company in substantially as good condition as when received by the buyer.

If you cancel, any property trade in, any payments made by you under the contract of sale, and any negotiable instrument executed by you will be returned within fifteen (15) business days following receipt by the Company of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the Company at your residence, in substantially as good condition as when received, any goods delivered to you under this Agreement; or you may, if you wish, comply with the instruction of the Company regarding the return shipment of the goods at the Company’s expense and risk. If you do make the goods available to the Company and the Company does not pick them up within twenty (20) business days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Company, or if you agree to return the goods to the Company and fail to do so, then you remain liable for performance of all obligations set under this Agreement.

To cancel this Agreement, send a written cancellation notice by registered mail within three (3) business days from the date of this Agreement to:

Premier Baths, Inc. 2330 South Nova Road South Daytona, Florida 32119

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CONTRACT PRICE

PAYMENT: Owner agrees to pay Contractor a total price of $ OWNER represents that this agreement is a cash transaction wherein no financing is contemplated and contractor acts in reliance on said representation. The down payment for one improvements must not exceed $1000 or 10% of the contract price, whichever is least. For a swimming pool, the maximum down payment is $200 or 2% of the contract price. There are no exceptions for special order materials. (Section 7159 (d) California Business and Professional Code). The payment schedule will be: (1) Down Payment of $ (2) Payment schedule as follows:

NOTICE TO THE BUYER

(1) Do not sign this agreement before you read it or if it contains any blank spaces. (2) You are entitled to a completely filled in copy of this agreement Owner acknowledges that Owner has read and received a legible copy of this agreement signed by Contractor, including all terms and conditions herein included, before any work was done, and that Owner has read and received a legible copy of every document that owner has signed during the negotiation. If owner cancels this agreement after the right of recession has expired an d before commencement of construction, Owner shall pay Contractor the amount of expenses incurred to that date plus loss of profits.

TERMS AND CONDITIONS

The terms and conditions on the following are expressly incorporated into this Agreement. This Agreement constitutes the entire understanding ofthe parties. No other understanding or representations, verbal or otherwise, shall be.binding unless in writing and signed by both parties. This Agreement shall not become effective or binding upon Contractor until signed by Contractor or a principal of Contractor. By his signature below, Owner acknowledges receipt of a fully completed copy of the Agreement.

CALIFORNIA RESIDENTS

Upon satisfactory payment being made for any portion of the work performed, the Contractor shall, prior to any further payment being made, furnish to the person contracting for the home improvement or swimming pool, a full and unconditional release from any claim of mechanic’s lien pursuant to #3114 of the Civil Code, for that portion of the work for which payment has been made. All payments will be made within five (5) days after bil ling. Overdue payments will bear interest at the maximum legal permissible rate. If any payment is not made when due, Contractor may keep the job idle until such time as all payments have been made. A failure of payment for a period in excess of five (5) days shall be considered a major breach. Contractor or Owner prior to commencement of construction and subject to lending institution (if any) approval, may request funds to be placed in an Escrow of Funding Voucher Control Service prior to commencement of work with funds to be disbursed to Contractor in accordance with he escrow instructions or voucher orders signed by the Contractor. In the absence of an Escrow or Funding Control Service, funds wi ll be paid directly to the Contractor in accordance with the progress payment schedule referred to above.

NOTICE

Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to any structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar: Contractors’ State License Board PO BOX 26000 Sacramento, California 95826 You, as Owner or Tenant, have the right to require the Contractor to have a Performance and Payment Bond. You, the buyer may cancel this t ransaction at any time prior to midnight of the third business day after date of this transaction. Or, if this is a contract for the repair of damages resulting from an earthquake, flood, fire, hurricane, riot, storm, tidal wave, or other similar catastrophic occurrence for which a state of emergency has been declared, you the buyer may cancel this transaction at anytime prior to midnight of the seventh business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right. The company shall have the discretion, without any obligation, to refund the Buyer’s deposit, or any portion thereof, when the Buyer cancels the contract more than three (3) business days from the date this agreement was signed.

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ASBESTOS/HAZARDOUS MATERIALS

1. Owner represents that the propeny being remodeled does not contain asbestos and/or other hazardous materials. This contract does not contemplate the removal of. testing for appropriate corrective work and an 1 other additional expenses incurred by corrective work.

CONTRACTOR’S RIGHTS AND RESPONSIBILITIES

1. SUBCONTRACTORS. Contractor may subcontract all or any ponion of the work.

2. Contractor shall heove the right to stop work and keep the job idle lf payments are not made when due. Failure to make payment with in five (5) days of the date that payment is due will be considered a material t1reach of this agreement. If the work shall be stopped for any reason for a period of sixty (60) days, then the Contractor may, at Contractor’s option, upon flve (5) days written notice. demand and receive payment for all work executed and material ordered or supplied and any other loss sustained induding Contractor’s usual tee for overhead and profit based upon the contract price.

Thereat er, Contractor is relieved from any funher liability, in the event of work stoppage for any reasc n. Owner. shall provide for protection of and be responsible for, any damage, warpage. racking. or material on the premises.

3. Contractor, at Contractor’s option, may alter specifications only so far as to comply with requirement of governmental agencies having jurisdiction over same. Any alterations or work undertaken to further tr 1is end shall be treated as an Extra Work.

CONTRACTOR’S RESPONSIBILITIES & LIMITED WARRANTY

CALIFORNIA RESIDENTS

Contractor agree to furnish the materials for the project and complete the work in a professional manner materials furnished under this Agreement shall be construction grade and meet industry standarc,s. Where brand names have been specified.

Contractor may select substitutes when such substitutior s are due to unavailability or other circumstance beyond the Contractors control. All substitutions shall be consistent in quality and character to the selections previously specified.

THE LIABILITY OF THE CONTRACTOR FOR DEFECTIVE MATERIAL OR INSTALLATION IS HEREBY LIMITED TO THE REPLACEMENT OR CORRECTIONS OF SAID DEFECTIVE MATERIAL AND/OR INSTALLATlON, AND NO OTHER CLAIMS OR DEMANDS WHATSOEVER SHALL BE MADE UPON OR ALLOWED AGAINST THE CONTRACTOR. THIS LIMITED WARRANTY EXTEND ONLY TO THE OWNER AND IS NOT TRANSFERABLE. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED WARRANTY OF FITN ESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE DESCRIPTION WITHIN THIS PARAGRAPH #1. THIS WARRANTY SHALL TERMINATE ONE YEAR FROM FlNAL BUILDING INSPECTION OR THE DATE OF COMPLETION, WHICHEVER IS FIRST NOTE THAT EQUIPMENT, ASSEMBLIES, OR UNITS PURCHASED BY THE CONTRACTOR, INCLUDED IN THIS CONTRACT ARE SOLD AND INSTALLED SUBJECT TO THE MANUFACTURER’S OR PROCESSOR’S GUARANTEE OR WARRANTIES, AND NOT CONTRACTO’S, TO THE EXTENT PERMITIED BY APPLICABLE LAW. ALL WARRANTIES GIVEN BY MANUFACTURERS PERTAINING TO MATERIALS USED BY CONTRACTOR IN CONNECTION WITH THE PROJECT WILL BE PASSED THROUGH AND INURE TO THE BENEFIT OF THE OWNER. 2. Contractor shall pay all subcontractors. laborers and malerial suppliers. Contractor shall. to the best of the Contractor’s ability, keep the Owner’s property free of valid labor or material suppliers liens.

ITEMS NOT RESPOSIBILITY OF CONTRACTOR

1. EXISTING VIOLAIONS AND CONDITIONS. Contractor shall not be held responsible fer any existing violations of applicable building regulations or ordinances whether ched by the appropriate authority or not, Contractor is not responsible for any abnormal or unusual preexisting conditions or any unusual or abnormal concrete footings. foundations. retaintng walls, or piers required, or any unusual depth required for same, such as, but not limited to that condition caused by poor soil, lack of compaction. hillside. or other slope conditions. Correction of such violations or abnormal condition;

by Contractor sha!I be considered additional work and shall be dealt with -as herein provided for under “Extra Work”.

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2. DELAYS Contractor agrees ta start and diligently pursue work lhrough to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits withir a reasonable length of time. funding of loans, disbursement of funds into funding contral or escrow. acts of neglect or omission of Owner or Owner’s employees or Owner’s agent. acts of God, stormy or inclemenl weather. strikes. lockouts, boycotts or other labor union activities. extra work

c rdered by the Owner. acts of public enemy. riots or civil commotion. inability to secure material th rou~J h regular recognized channels. impositions of Government priority or allocation of materials failure of Ovmer to make payments when due. or delays caused by inspection or changes ordered b·1 the inspectors of authorized governmental bodies. or for acts of independent con1racturs. or holidays, or other causes beyond Contractor’s reasonable control 3. Comrador is not responsible for matching existing paint or texture and further there is no guarantee against hairline cracks or discolorizatlon rn stucco or concrete.

OWNER”S RESPONSlBILITIES

UTILITIES (1) The Owner is responsible for water. gas. sewer and electric utilities. lrom !he appropriate agency to the metering device .. unless otherwise agreed to in writing.

It is the Owner’s responsibility at Owner’s expense. to provide electricity to the site as needed by lhe Contractor.

ACCESS TO PROPERTY (2) Owner agrees to keep driveway clear and available for movement and parking of trucks and other equipment durir.g normal working hours. If Owner denies access to any worker or material supplier during the scheduled working hours. the Owner will be held in breach of the Agreement and will be liable for such breach.

INSURANCE (4) Owner will purchcse insurance at Owner’s expense before any work begins. Such insurance will have course of const1 •Jction. fire. vandalism. malicious mischief and other perils, clauses attached The insurance must t e in an amount at least equal to the contract price and provide that any loss be payable to the Contractor.

The insurance is to cover the Owner. Contractor. Subcontractor and Construction Lender 111 the amount of their respective interests. If the Owner does not purchase such insurance. the Contractor. as agent for the-Owner may purchase it and char£·e such cost to the Owner.

DAMAGE OR DESTRUCTION (5) If the proiect or a 1y portion of it is destroyed or damaged by fire, storm. fl0od. landslide. earthquake, theft. or other disaster or accidents. any work done by the Contractor to rebuild etc, shall be oaid for by GNner as an Extra and dealt with as herein provided for under “Extra Work”

TERMS AND CONDITIONS

In the event of any of the above occurrences. if the cost of replacement work, for work already done by the Contractor. exceeds twenty (20) percent of the Contract price, the Owner has the option to cancel the contract but. if the Owner cancels, the Contractor shall be paid for al! costs incurred plus Contractor’s usual fee for overhead and profit for all work performed by Contractor to date of cancellation.

CALIFORNIA RESIDENTS

FINANCING (3) The Owner is resoonsible for having sufficient funds to comply with this Agreement. This is a cash transaction.

OWNER’S PROPERTY (6) It is the Owner’s responsibility to remove or protect any personal property including. but not limited to. carpets, drapes, furniture. driveways. lawns, and shrubs. and Contractor will not be held responsible for damages or loss of said Items.

NOTICE OF COMPLETION (7) Owner agrees to sign and record a Notice of Completion within five (5) days after the project is substantially completed and ready for occupancy. Failure by the Owner to do so authorizes the Contractor to act as the Owner’s agent to sign and record a Notice of Completion. This agency is irrevocable and is an agency coupled with an interest. The Contractor has the right to bar occupancy of the proJect by Owner or anyone else until Contractor has received all payments due under the contract and the Notice of Completion is recorded. When the Owner or another authorized by the Owner uses and/or occupies the premises then !he project is considered completed. If a funding or joinl control is used h is agreed that the control shall act as the Owner’s agent and sign a record of Notice of Completion.

BOUNDARY LINES (8) The Owner represents ownership of the property where construction is to occur. It is the Owner’s duty to point out boundary lines of the property and Owner is responsible for the accuracy ol such tines and how they are represented on drawings. If required. the Owner will pay for a survey to chart boundary lines.

EASEMENTS ETC (9) Prior to construction the Owner is to give the Conrractor a copy of any easements, restrictions or rights of way re lating to the property. If owner dees not do so, Contractor will assume that none exist.

ENGINEERING AND GEOLOGY (10) Unless specifically agreed upon in writing

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between Owner and Contractor and made part of this Agreement under ‘’Description of Materials’’, “Specifications’’ or “Plans”, this agreement does not include any engineering or geology surveys. drawings. studies, reports, or calculations as may be required by a public body or building authority as a condition for issuance of building permit or as a condition to s€’curing final building inspection. The cost of any such required professional services shall be paid by Owner.

OTHER

DRAWINGS AND SPECIFICATIONS (1) The project will be constructed according to drawings and specifications that have been examined by Owner and that have been or may be signed by the parties to this contract. Unless specifically provided in the drawing or specifications. Contractor will obtain and pay for all required building permits.

Owner will pay any assessments and charges required by public bodies and utilities for financing or repaying the cost of sewers. storm drains. water service or other utilities including sewer and storm drain reimbursement charges. use fees, revolving fund charges. hookup charges and the like.

CALIFORNIA RESIDENTS

ITEMS EXCLUDED (2) Unless specifically agreed upon in writing between Owner and ContraClor and made part of this Agreement. under “Description of Work”, Description of Material”. “Specifications•·, or “Plans”. this contract does not include: a. Plumbing. gas, waste and water lines outside foundations of existing buildings or any required relocation or replacement of any such existing lines that may be discovered within the boundaries of any new ground floor addition; b. Electrical service. other than addition of circuit breakers or fuse blocks to distribute electric current to new outlets; c. Any work which may be required regarding cesspools or septic tanks: d. Rerouting. re locating or replacing vents. pipes. ducts or conduits not shown or those encountered during construction or changes required to existing wiring, vents. pipes, ducts or conduits in areas undisturbed by construction. Unless specified elsewhere, existing wiring and electrical systems are represented by the Owner as adequate to carry load for existing strudure and work to be performed herein. e. Any additional work required for excavation or foundation due to inadequate bearing capacity or rock or any other material not removable by ordinary hand tools: f. Any work to correct damage caused by terrnhes or dry rot; g. Changes or alterations from the specifications which may be required by any public body. utility or inspector: h. Painting preoaration, fifing, finishing. grading, retaining walls, new or relocating gutters and down spouts. screen doors. weather stripping. staining. seeding, landscaping, or decorating. Any work necessary to correct, change, alter or add the above items will be considered additional work and shall be dealt whh as herein provided for under “Extra Work”.

MEASUREMENTS (3) Measurements. sizes and shapes in plans and specifications are approximate and subject to field verification. Unless otherwise specified. all dimensions are exterior dimensions. In the event of a conflict between the plans. specifications etc .. and the Agreement, this Agreement is controlling. Contractor is not responsible for any existing illegal conditions.

MATERIAL REMOVED AND DEBRIS (4) Unless specifically designated by the Owner in writing. prior to commencement of construction. Contractor may dispose of all material removed from structure in course of alteration. Also Contractor is to remove construction debris at the end of the project and leave the premises in a neat broom-clean condition.

FLOOR COVERING (5) Unless specifically agreed upon in writing, floor covering is not covered under this Agreement.

ADDITIONAL REQUIREMENT FOR COMPLETION (6) Contractor sha!I promptly notify Owner of any additional requirements necessary to facilitate the project’s comp!etion.

Any subsequent amendment. modification or agreement, which operates to alter this contract, and which is signed or initialed by Conrractor and Owner. shall be deemed a part of this contract and shaH be controlling in case of conflict. to the extent that it alters this contract.

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EXTRA WORK (7) The Owner and Contractor must agree in writing 10 any modification or addition to the work covered by this contract. The Contractor shall do not extra work without the written authorization of the Owner. Any written agreement shall list the agreed price and any changes in terms and signed by both parties. Failure to have written authorization shall not be deemed fatal to the collection of the extra work. For any extra work performed. Contractor shall be compensated in an amount to be determined before the extra work is performed and such amount induding Contractor’s usual fee for overhead and profit shall be made as the extra work progresses. concurrently with payments, made under the payments schedu led. Any change-order forms for changes or extra work shall be incorporated in and become part of the contract.

STANDARDS FOR SPECIFICATIONS (8) If all or any part of the following is included in this Agreemen1 under Specifications. the following will apply: Alf cabinets to be paint grade. or if same is noted 10 be other than paint grade. to be of veneer constructlon. All cabinet doors to be lipped consuuction. All Inside ponfons such as shelves, bulkheads. and partitions may be of other species than exposed ponions, but not limited to solid stock plywood, or panicle board with fixed shelf withou1 backs. All plumbing fixtures to be white in color and selected by Contractor. At! appliances and fixture to be Builder’s models. Medicine cabinets to be single, recessed, and metal. Tile if ceramic, to be domestic, non·decorator. 4 ‘J.,” x 4 111 “. All fireplaces to be prefab with a metal flue. All extra materials remain the property of the Contractor. If any materials used vary tram the above, such variation must be agreed upon between the Contractor and Ovmer, in writing and listed in this Agreement under “Specifications”. “Description of Materials” or attached to this Agreement and initialed by Owner and Contractor.

CORRECTIVE WORK (9) If minor corrective or repair work remains 10 be finished alter the project is ready for occupancy. Contractor shall pertorm work expeditiously and Owner shall not wi1hhold any paymen1 pending completion of such work. If major correc1ive or repair work remains to be finished alter the building is ready for occupancy, and the cos1 exceeds one (1) percent of the gross con1ract price, the Owner may withhold payment sufficient 10 pay for the comple1ion of the work, pending completion of the work. but may not withhold an amount which is greater.

NOTICE (12) Any notice required or permitted under this contract may be given by ordinary mail sent to the address of either 1he Owner or Contractor as listed in this contract, but the address may be changed by written notice from one party to the other.

Notice is considered received five (5) days alter deposited in the mail, postage paid.

ATTORNEY FEES (13) In the event legal action or arbitration is instituted for the enforcement of any term or condition of this Agreement. the prevailing party shall be entitled to an award of reasonable attorney fees in said action or arbitration. in addition to costs and reasonable expenses incurred in the prosecution or defense of said action or arbitration.

ARBITRATION OF DISPUTES

Any controversy arising out of or related 10 this contract. or the breach thereof. shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association, or the Uniform Rules for Better Business Bureau Arbitration, and judgmen1 upon the award rendered by 1he Arbitrator(s) may be en1ered in any court having jurisdic1ion thereof. Claims within the monetary limits of the Small Claims Court shall be litigated in such court at the request of either party, so long as both parties limit their tight to recovery to the jurisdiction of the Small Claims Court.Any claim filed in Small Claims Court shall be deemed to be a waiver of the right to arbitrate, and if a counterclaim in excess of the jurisdiction of the Small Claims Court 1s filed in the Municipal or Superior Court then the party filing in Small Claims Court may demand arbitration pursuant 10 this paragraph.

CALIFORNIA RESIDENTS

GENERAL (10) This contract. induding incorporated documents, constitutes the entire agreement of the parties. No other oral or written agreemen1s between Contrac1or and Owner. regarding construction to be performed exist. (11) This Agreement shall be construed in accordance with, and governed by. the laws of the State of California.

NOTICE: BY FINALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN “ARBITRATION OF DISPUTES” PROVISION DECIDED BY NEUTRAL ARBmRATION AS PROVIDED

BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL

BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP JUDICIAL RIGHTS TO DISCOVERY AN APPEAL, UNLESS THOSE RIGHTS ARE SPECIFlCALL Y INCLUDED IN THE ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. I (WE) HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MA TIERS INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION TO NEUTRAL ARBmRATION. I (WE) AGRE TO ARBITRATION: Initial _____

Initial _____

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TERMS AND CONDITIONS

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The parties hereby covenant and agree to as follows: 1. The party executing as customer (“Buyer”) represents to the Company that the Buyer is now the owner of the land and buildings as described in the Job Address (“Property”). The Buyer represents to the Company that the Buyer has the ability to authorize the Specifications and work to be completed on the Property. The Buyer is solely responsible to ensure that the Specifications in the Agreement do not violate (a) any building covenants to which Buyer is subject, (b) any building code requirements, (c) any home owner/condominium association requirements, or (d) any other third party requirements affecting the Property (all four collectively referred to as “Third Party Requirements”). If any third party attempts to impose Third Party Requirements on the Company, the Company may notify such third party of the Buyer’s representations herein. If the Company is damages by the Third Party Requirements, including without limitation to additional costs to complete the Specifications, the Buyer shall be responsible for reimbursing the Company for such damage.

2. In the event that the Buyer shall sell or otherwise dispose of the Property, file or be subject to the authority of any bankruptcy court, allow a judgement and/or lien to be registered against the Property, the unpaid balance due or to be due hereunder shall immediately become due and payable, regardless of the terms of any other document executed between the Company and Buyer to the contrary.

3. The Company shall not be responsible for any damage, or delay due to strike, fire, accident, or other causes beyond their control.

4. This Agreement does not include any additional work other than expressly specified herein. Any alteration or deviation from the Specifications herein, involving extra costs or material or labor will become an extra charge in addition to the Total Contract Price stated in this Agreement. All modifications or additional agreements with respect to this Agreement in favor of the Buyer, must be in writing and signed by the Company. No oral statements by an agent or employee of the Company are binding upon the company unless in writing and executed by an authorized agent of the Company.

5. To the extent required or allowed by law or regulation, Buyer will apply for all applicable State and local building and construction permits necessary for the installation (“Permits”) as required under State laws or local ordinances. The Company is not obligated to commence work until receipt of such Permits. Upon execution of the Agreement and notification of receipt of the Permits, the Company will arrange, the ordinary course of business, for an independent contractor to carry out the installation. No representation, whether oral or in writing, regarding a projected starting and ending date for the installation will be enforceable against the Company.

6. Electrical Work. The Company is not permitted to carry out or arrange electrical work. It is the Buyer’s responsibility and cost to arrange a licensed electrical contractor to fulfill such works.

7. Premier Baths, Inc. is not responsible for the condition or capacity of any existing plumbing fixtures in the home including but not limited to water heaters.

8. If the Buyer reschedules any installation, without at least twentyfour (24) hours prior notice, the Buyer will be responsible to the Company and its agents for any damages arising from such delay.

9. The acknowledges that, by signing this Agreement, the Company

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1. will incur costs in anticipation of performance of their obligations hereunder. The Buyer acknowledges that the exact amount of such costs if is extremely difficult and impractical to determine with any degree of certainty. Therefore, in the event the Buyer breaches this Agreement before the Company commences their performance under this Agreement, the Buyer agrees to pay the Company 33% of the Total Contract Price as liquidated damages. The parties agree that this charge represents a fair and reasonable estimate of the costs that the Company will incur, before commencing their performance of their obligations under this Agreement. After the Company has commenced installation of the Specifications, the Buyer agrees to be responsible for Total Contract Price and for all other damages incurred by the Company resulting from the Buyer’s breach of this Agreement. The Company does not waive any right to pursue any damages against the Buyer, even if the Company accepts partial payment. The Company reserves all rights to pursue any legal rights and remedies available to the Company.

2. This Agreement shall become binding upon the Company upon acceptance by the Company either in writing or by commencing hereunder.

3. If any Specification and/or Term and Condition of this Agreement is determined to be invalid or unenforceable, those unenforceable/invalid Specifications and/or Terms and Conditions shall be deemed to be severable from the remainder of this Agreement and shall not cause the invalidity or unenforceability of the remainder of this Agreement.

4. The Company may reject this Agreement by providing written notice of termination to Buyer within three (3) days of Buyer’s execution of this Agreement.

5. The Buyer agrees to allow the Company and its agents access to the Property, as deemed necessary by the Company, to complete the Specifications, to inspect the completed job, and to investigate complaints regarding the installation and to address such allegations as the Company deems appropriate.

The Buyer further agrees that before the Buyer files any complaint with any governmental agency or business entity, the Buyer shall allow the Company every reasonable opportunity to remedy the Buyer’s complaint. If the Buyer fails to provide the Company with access requested by the Company, Buyer waives and releases the Company and its agents of any liabilities or damages arising from this Agreement, whether arising from the complaint or otherwise.

6. The Buyer authorizes the Company to obtain or exchange any personal and/or credit information with any agent towards establishing or verifying the Buyer’s financial status.

7. The Buyer fully understands that the Total Contract Price is due and payable in full immediately upon completion of the Specifications in this Agreement. The only exception is if the Total Contract Price has been financed through a third party lending institution or a separately agreed upon customer payment plan: in which case, the Buyer agrees to sign all necessary papers and provide all stipulations required by such a lending institution immediately upon request. If the Buyer refuses to sign the paper work or provide the stipulations then interest shall accrue, at the rate of 1.5 percent per month, upon the Company completing the Specifications, and will be added to the Total Contract Price remaining due and unpaid.

8. Amounts past-due hereunder shall incur a late fee equal to 1.5 percent per month of the portion of the Total Contract Price remaining due and unpaid each month thereafter until the Total

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CANADA 14

1. Contract Price is paid in full. The Company shall be entitled to an award of its attorneys fees in connection with any legal action brought to collect any amounts due and owing hereunder to cover the extra administrative and other costs.

2. Any controversy or claim arising out of or relating to this Agreement or the breach thereof, shall be settled by arbitration pursuant to the AAA rules and judgement on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

3. The Company has a policy of continued improvement and reserves the right to modify its products as displayed in any advertisements or sales material, from time to time as it deems necessary, without notice or liability to the Buyer.

4. The parties agree that the courts of the State of Florida, or the courts of the United States located in the Middle District of the State of Florida, shall have the sole and exclusive jurisdiction to entertain any action between the parties hereto and the parties hereto waive any and all objections to venue being in the state courts located in Volusia County (and agree that the sole venue for such challenges shall be Volusia County) or the Middle District of Florida, if federal jurisdiction is appropriate.

5. Both the sales contractor executing this Agreement on behalf of the Company and the installations contractor performing the Specifications under this Agreement are independent contractors of the Company and are not employees of the Company. By executing this Agreement, Buyer waives any claims to argue that such persons are an employee and release the Company from any claims arising from the Company’s engagement of such consultants. THE COMPANY IS NOT LIABLE TO BUYER IF BUYER MAKES ANY PAYMENT UNDER THIS AGREEMENT PAYABLE DIRECTLY TO ANYONE OTHER THAN “PREMIER BATHS, INC.” 6. Buyer hereby indemnifies the Company from any damages arising from Buyer’s breach of any representation, covenants or obligation hereunder, or including without limitation reasonable attorneys fees and costs. Buyer represents to the Company that Buyer has no knowledge of any condition or fact regarding the Property which might pose a danger to the company or its agents or that might make the installation more difficult or expensive.

7. THE EXPRESS WARRANTIES, IF ANY, CONTAINED HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATION ON THE PART OF MANUFACTURER. 8. Upon completion of the installation, the Buyer shall inspect the installation and either execute a reasonable acceptance and satisfaction, in a form satisfactory to the Company, or notify the Company of any objections or complaints. If Buyer fails to execute acceptance and satisfaction and to notify the Company of any objections or complaints within three (3) days of installation, the Buyer will waive any claims against the Company, and the Company shall have no duty to address any objections or complaints.

9. This Agreement constitutes the entire understanding of the parties with respect to the subject matter herein and supersedes any oral statements. The rights, obligations, and interests of the parties may not be changed, modified or amended except by written agreement of the parties hereto, including without limitation by oral statements of the sales consultant, contractor or any other person or entity.

NOTICE TO BUYER All installation work and improvements to be made hereunder will be performed by an Authorized Contractor. As used herein, “Authorized Contractor” shall mean an independent contractor properly licensed by the State and if required, by any country, city or other municipality in which the improvements described herein are to be made.

Florida Residents Construction Industries Recovery Fund Payment may be available from the Construction Industries Recovery Fund is you lose money on a project performed under contract, where the loss results from specified violations of Florida law by a state-licensed contractor. For information about the recovery fund and filing a claim, contact the Florida Construction Industry Licensing Board at the following telephone number and address: CILB Recovery Fund 7960 Arlington Expressway, Suite 300, Jacksonville, FL 32211 BUYER’S RIGHT TO CANCEL You may cancel this transaction, without any obligation, within three (3) business days from the date this Agreement was signed.

However, you may not cancel if you have requested the seller to provide goods or services without delay because of an emergency and:

If you cancel, any property trade in, any payments made by you under the contract of sale, and any negotiable instrument executed by you will be returned within fifteen (15) business days following receipt by the Company of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the Company at your residence, in substantially as good condition as when received, any goods delivered to you under this Agreement; or you may, if you wish, comply with the instruction of the Company regarding the return shipment of the goods at the Company’s expense and risk. If you do make the goods available to the Company and the Company does not pick them up within twenty (20) business days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the Company, or if you agree to return the goods to the Company and fail to do so, then you remain liable for performance of all obligations set under this Agreement.

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1. The Company in good faith makes a substantial beginning of performance or the Agreement before you give notice of cancellation; and 2. In the case of goods, the goods cannot be returned to the Company in substantially as good condition as when received by the buyer.

To cancel this Agreement, send a written cancellation notice by registered mail within three (3) business days from the date of this Agreement to:

Premier Bathrooms Canada, Ltd. 14716 104th Avenue Surrey, British Columbia V3R 1M3

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NOTICE This will be a notice to the buyer prompting them to thoroghly read this booklet before endorsing the contract agreement.

Each booklet will feature a version control ID which will be presented in a box like the one below; the Bathing Consultant will record that number on the contract agreement itself—which will serve to effectively tie this TOS booklet version to the contract.

Version Control

93486-1298

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