This Agreement is between VetCor, LLC and VetCor Tactical, LLC (“VetCor”), both companies are Florida limited liability companies located at 6996 Anderson Road in Tampa, Florida, and the undersigned customer (the “Customer”) for services to be provided at the below identified job site.
In exchange for the performance of services for tree removal, tarp, board up or other damages to the Customer’s property, the Customer grants VetCor access to the job site to perform any and all actions that VetCor deems necessary and appropriate, in VetCor’s sole good-faith judgment, to prevent any further damage to Customer’s property.
In the event any government entity, act of God, unforeseen casualty, third-party actor, or Customer interference, that in any way impacts VetCor’s ability to perform its recommended services, the Customer shall be estopped from suing VetCor in contract, tort, or equity.
Customer authorizes and instructs the insurance carrier to issue payment directly and solely to VetCor for any and all services performed by VetCor. Customer agrees that any portion of work done by VetCor, or any additional work done by VetCor pursuant to a request by the undersigned Customer, that is not expeditiously paid by insurance, must be paid solely by the undersigned to VetCor immediately upon demand. In addition, if VetCor is instructed by the insurance company to collect the deductible, the deductible must be promptly paid by the undersigned immediately upon completing services. Otherwise VetCor will not collect the deductible.
In the event the Customer’s insurance company declines to pay VetCor for any of its services, VetCor will send Customer an invoice at the address and/or by the means listed below. Any payments due to VetCor shall be paid within thirty (30) days of the date of invoice. Interest shall begin accruing upon unpaid invoices at 1.5% monthly. If the invoice is still outstanding after (30) days, VetCor will take the appropriate collection actions to collect the balance due to include moving forward with a mechanics lien and/or submitting the invoice to legal for collection proceedings after 90 days.
In exchange for the receipt of VetCor’s services, Customer covenants and agrees that he or she has received sufficient consideration to absolutely waive any and all legally waivable causes of action in law and equity that may accrue against VetCor, its managers, members, employees, agents, including actions arising as the result of negligence by any employee, manager, member, or agent of VetCor. This waiver is intended to waive claims for all forms of negligence: simple, ordinary, and gross. Should Customer bring a cause of action against VetCor and should such lawsuit be dismissed, voluntarily or involuntarily, and with or without prejudice, Customer shall pay VetCor its attorneys’ fees and costs expended as further described below.
In case of legal action or disputes arising from this Agreement, the prevailing party will be entitled to recover reasonable attorneys’ fees and costs incurred before, during, and after legal proceedings. This includes fees related to determining the entitlement and amount of such fees, as well as various costs such as investigation, electronic discovery, research service charges, travel expenses, expert witness fees, and more. The recoverable costs encompass those taxable under applicable statutes, rules, and guidelines, as well as non-taxable costs.
If any court or authority deems a provision of this Agreement invalid or unenforceable, it won’t affect the validity or enforceability of other provisions. Each provision remains valid and enforceable to the extent allowed by law.
This Agreement will be governed by Florida state laws, and any disputes will be litigated in Hillsborough County, Florida, specifically in the City of Tampa. The undersigned Customer hereby consents to the personal jurisdiction of the Florida state and federal courts located in the City of Tampa, Hillsborough County, Florida. Moreover, undersigned Customer warrants and agrees that he/she/they/it have had the opportunity to have legal counsel review this contract and that they are entering into this Contract under their own free will and absent any duress or coercion whatsoever.
The undersigned acknowledges that this Agreement comprehensively covers its subject matter. It supersedes all prior agreements, both explicit and implicit, related to this subject, replacing any earlier understandings or conditions.
Customer signifies agreement to this Agreement by its signature below. The undersigned warrants that he or she has actual authority bind undersigned to the terms of this Agreement.