Terms of Service

Section 01Agreement to these Terms

You agree to these Terms when you do any of the following: request an inspection or estimate; schedule service; let our personnel onto the property; sign a work authorization, estimate, or change order; accept work we performed; make a payment to us; or use the Site.

If you are acting for someone else, including as a tenant, property manager, agent, trustee, personal representative, board member, or officer of a company, you represent that you have authority to bind the property owner and that entity, and “you” includes them.

If you do not agree to these Terms, do not authorize work and do not use the Site.

Section 02Who we are and what we do

WaterOut is a property restoration contractor serving Macomb and Oakland County, Michigan. Our core work is emergency water mitigation and extraction, structural drying and moisture monitoring, controlled demolition and tear-out, containment and air control, and sewage cleanup. We self-perform that core scope.

We are not, and we do not hold ourselves out as, any of the following: a physician or other healthcare provider; an industrial hygienist or environmental consultant; a licensed asbestos or lead abatement contractor; a professional engineer or architect; a plumber, electrician, or roofer beyond emergency stabilization; a public adjuster, insurance agent, or attorney; or a laboratory or testing service.

Any work outside our core scope is either excluded, or performed by a qualified third party as described in Section 17. Referrals we give you to other trades or professionals are a courtesy. They are not an endorsement, a guarantee of that party's work, and they do not make us responsible for it.

Section 03Free inspection and written estimate

Our initial on-site inspection and written estimate are provided free of charge. An estimate is a good-faith approximation of the work visible and reasonably anticipated at the time we look at it. It is not a fixed-price bid, a warranty, and not a promise about scope, duration, or final cost.

Actual cost may differ from an estimate because of hidden or concealed damage, moisture that has migrated further than it appeared, contamination category changes, material or labor price changes, code or permit requirements, or scope changes you request. You agree to pay for the work actually authorized and performed.

Section 04Authorization controls the work

Except for the emergency situations described in Section 5, we do not remove, cut, tear out, treat, or dry anything until you sign a written work authorization. That authorization, together with the estimate and any signed change orders, defines the scope, the pricing method, and the payment terms for your job.

Scope frequently changes once walls, cabinets, and flooring are opened. Where a change is material and time allows, we will tell you and document it in a change order before proceeding. Where a delay would allow damage to spread, Section 5 applies.

Section 05Emergency and verbal authorization

Water losses get worse by the hour. If you call us to an active emergency, you authorize us to take immediate stabilization steps reasonably necessary to prevent further damage. That can include stopping or isolating the water source where it is safe and within our scope, extracting standing water, setting drying and containment equipment, moving or blocking contents, and removing saturated materials that are already unsalvageable.

Verbal, text, or email authorization from you or from someone who appears to have authority over the property is valid authorization, and you agree we may rely on it. We document what we were asked to do and what we did.

Emergency work cannot be cancelled after the fact. Once mitigation is under way, you are responsible for the cost of what was performed, together with any demobilization cost, even if you later decide not to continue.

Section 06Your right to cancel

Michigan law gives consumers a right to cancel certain contracts that are solicited or signed at your home, generally within three business days, and any required notice of that right will be included with your written authorization. Where the law allows that right to be waived for emergency repair or mitigation, the waiver must be in your own handwriting, signed and dated by you. We will not treat a right to cancel as waived unless the law permits it and you have done exactly that.

Outside of an emergency, you may cancel scheduled work at no charge with at least forty-eight (48) hours' written notice before the scheduled start. Cancellation inside that window may be subject to a reasonable charge covering mobilization, scheduling, and any materials already ordered.

Once work has commenced, cancellation does not relieve you of payment for the work performed, materials supplied, equipment already placed, and costs incurred through the cancellation date, plus a reasonable demobilization charge.

Section 07No guaranteed results or times

Restoration outcomes depend on conditions we do not control. We perform our work in a workmanlike manner consistent with generally accepted industry practice. Beyond that, and to the maximum extent permitted by law, we make no representation or warranty, express, implied, statutory or otherwise, and expressly disclaim any implied warranty of merchantability or fitness for a particular purpose, regarding:

• Arrival and response times. Any response time stated on this Site, in an advertisement, or by phone is typical under ordinary conditions. It is an estimate, not a promise. Actual arrival depends on crew availability, call volume, weather, road conditions, distance, and the size of the loss.
• Drying and completion times. Drying is finished when moisture readings say so, not when a schedule says so.
• Full restoration to pre-loss condition of any structure, finish, fixture, or personal item.
• Prevention of secondary damage including mold growth, staining, warping, cupping, delamination, odor, corrosion, or structural movement, particularly where the loss sat before we were called.
• Removal of all odor, staining, or contamination.
• The long-term performance of dried or treated assemblies, or of any material we did not supply.

Section 08Drying, equipment and your cooperation

Structural drying only works if the drying environment stays intact between visits. You agree that, while equipment is on site, you will not: turn off, unplug, move, or relocate air movers, dehumidifiers, air scrubbers, or monitoring devices; open windows or exterior doors in the drying area; open, breach, or remove containment; adjust the HVAC system contrary to our instructions; or allow anyone else to do those things.

If drying equipment is shut down, moved, or defeated, the drying process restarts, the job takes longer, it costs more, and the result may be compromised. We are not responsible for extended drying time, incomplete drying, microbial growth, or any resulting damage caused by equipment being shut off, moved, or interfered with, or by containment being opened, when we are not on site.

Equipment placed at the property remains our property. You are responsible for reasonable care of it while it is in your possession, and for its repair or replacement cost if it is lost, stolen, damaged, or destroyed while at the property through no fault of ours. You agree to allow us access to retrieve it promptly at the end of the job.

Section 09Necessary demolition and concealed conditions

Effective mitigation requires opening the building. That routinely includes cutting drywall and plaster, removing baseboard and trim, detaching or removing flooring and underlayment, drilling or removing cabinet toe-kicks, removing insulation, and creating inspection or ventilation openings.

You authorize that work as reasonably necessary, and you accept that it leaves the affected areas unfinished. Our scope ends at a dry, clean, sound substrate. Repainting, refinishing, reinstallation of finishes, and any rebuild or reconstruction are separate work, are not included, and are not part of these Terms unless separately agreed in writing.

Buildings hide things. We are not responsible for concealed or latent conditions we did not create and could not reasonably have seen before opening the assembly, including but not limited to concealed water lines, gas lines, low-voltage or electrical runs, undersized or non-compliant framing, prior unpermitted work, existing structural deficiencies, existing microbial growth, pest damage, or prior water damage. If a concealed condition is disturbed in the course of authorized work performed with reasonable care, correcting it is not part of our scope.

Section 10Hazardous and regulated materials

Buildings built before 1978 may contain lead-based paint, and buildings of many eras contain asbestos in flooring, mastic, joint compound, insulation, siding, and duct wrap. Identifying and testing for those materials is the property owner's responsibility, at the owner's expense, using an independent qualified inspector or laboratory.

If regulated material is identified or suspected, you are responsible for retaining an appropriately licensed and certified abatement contractor, and for providing us written clearance from a qualified third party before we resume work in that area. Work stopped for this reason is not our delay, and any resulting schedule extension, remobilization, standby, or equipment rental cost is yours.

You agree to disclose to us, before work starts, everything you know or reasonably suspect about hazardous materials at the property. We are not liable for exposure to, disturbance of, or the spread of any hazardous material that existed at the property before we arrived, or that you failed to disclose.

Section 11Mold and microbial growth

Microbial growth can begin quickly in wet materials, sometimes within one to two days, and it can already be present, hidden inside an assembly, before we are ever called. Where our scope includes cleaning or removing water-damaged materials, that work is performed to reduce moisture and remove unsalvageable material. It is not a promise that microbial growth will not appear, reappear, or spread.

We do not perform clearance testing, post-remediation verification, or air sampling on our own work, and we do not certify that a property is free of mold or any other organism. Independent verification, if you want it, should come from a qualified third-party environmental professional you retain.

Mold recurs where moisture recurs. Where growth results from an ongoing leak, a humidity or ventilation problem, a grading or drainage issue, a building envelope defect, or delayed reporting of the loss, that is outside our control and outside our responsibility.

Section 12Health, safety and occupancy

We do not give medical advice and we do not evaluate anyone's health. Nothing we say, write, or publish, including on this Site, is medical, health, environmental, engineering, or legal advice. If you or any occupant has symptoms you believe are connected to conditions at the property, consult a licensed healthcare provider immediately.

Completing our work is not a certification that the property is safe, sanitary, habitable, code-compliant, or fit for occupancy. We do not issue habitability certifications, occupancy clearances, or safety certificates. Those determinations belong to you, together with a licensed building inspector, code official, or other qualified authority.

Category 2 and Category 3 losses, sewage backups in particular, involve contaminated water. Follow our instructions about staying out of affected areas, and make your own decision about occupancy, with professional guidance if needed. You assume the risk of occupying, or allowing others to occupy, the property before, during, and after our work.

Section 13Contents and personal property

Before work begins, you agree to remove or secure cash, jewelry, firearms, prescription medication, electronics, documents, art, collectibles, heirlooms, data, and anything else of unusual, sentimental, or irreplaceable value from the work area. We do not want responsibility for those items and we do not accept it.

Unless a written contents inventory is part of your signed scope, we do not inventory, catalogue, appraise, pack out, or store personal property. Where we move contents to perform the work, we move them with reasonable care, but we are not responsible for pre-existing damage, for damage to items that were already wet or contaminated, for items concealed inside furniture or containers, or for items you were asked to remove and did not.

Materials we remove as unsalvageable are generally disposed of as construction and demolition debris. If you want any removed material retained for inspection by you or a third party, you must tell us in writing before removal, and identify where it should be stored.

Section 14Matching and pre-existing conditions

We do not warrant that any replacement or reinstalled material will match existing material in color, sheen, texture, grain, pattern, dye lot, or age. Paint fades, flooring is discontinued, and tile lots vary. Undamaged materials outside the affected area are not part of our scope, and matching them is not achievable in many losses.

We are not responsible for any condition that existed before we started, including prior water damage, prior microbial growth, deferred maintenance, code violations, prior unpermitted or defective work by others, settling, or wear. We are not responsible for identifying, disclosing, or correcting pre-existing conditions unless correcting them is expressly in your signed scope.

Section 15Utilities, power and site conditions

Drying equipment draws significant electricity and runs continuously. You are responsible for the utility cost of running that equipment, and you agree not to reduce its use to save power. You agree to provide continuous electrical service, water, and reasonable HVAC operation as directed for the duration of the drying process.

Older or overloaded electrical systems sometimes cannot support drying equipment. We are not responsible for breakers tripping, circuits failing, or resulting interruptions caused by the condition or capacity of the property's electrical system, or for damage or spoilage that results from a power interruption we did not cause.

If the property is vacant, unoccupied, or unheated, tell us. Losses in unheated or unattended buildings carry additional risk, including freezing, that we do not assume.

Section 16Access, hazards and pets

You certify that you own the property or have written authority from the owner to authorize the work. You grant us, our employees, and our subcontractors a license to enter as needed to perform it, including for daily monitoring visits and equipment retrieval.

You agree to provide safe, unobstructed access; to secure or remove pets and animals; to disclose known hazards, including structural instability, aggressive animals, weapons, firearms, biohazards, illegal substances, and known contamination; and to manage alarm and security systems, cameras, gates, and locks so our crew can work.

If access is denied, delayed, or unsafe, we may suspend work under Section 28. Standby time, remobilization, and extended equipment rental resulting from an access failure are chargeable to you. If we reasonably believe a condition endangers our personnel, we may stop work immediately and leave.

Section 17Subcontractors and third parties

We self-perform our core mitigation scope. We may engage qualified subcontractors or specialty vendors for work outside it, such as plumbing, electrical, HVAC, abatement, contents cleaning, hauling, or specialty equipment, and we may assign a portion of the work at our discretion.

We are not responsible for the acts, omissions, delays, workmanship, or damage caused by parties we did not engage, including other contractors working at the property, vendors you hired, utility companies, municipalities, adjusters, consultants, property managers, or anyone else outside our direct control. Where multiple contractors work at one property, we are responsible only for our own work.

Section 18Claims and third-party payers

Some customers ask a third party, such as a carrier, warranty company, landlord, association, or municipality, to pay for part of the work. Our role in that is limited to documenting what we saw and what we did: dated photographs, moisture readings, drying logs, and a written scope of the work performed. You may use that documentation however you like.

We are not a public adjuster, insurance agent, insurance producer, or attorney, and we do not act as your representative. We do not adjust, negotiate, settle, appraise, advocate, or interpret coverage on your behalf, and we do not advise you on the adequacy or fairness of any settlement offer. Preparing documentation does not create an agency, fiduciary, or advisory relationship. If you need that kind of help, retain a licensed professional of your own choosing.

You are responsible for the full cost of the work you authorized, regardless of what any third party approves, delays, denies, depreciates, or pays. Our documentation may differ from what a third party allows, and you remain responsible for the difference. We do not waive, absorb, discount, or rebate any deductible, co-payment, or owner-responsibility amount, and we will not participate in any arrangement to misrepresent scope, cost, or cause of loss.

Section 19Payment terms

Payment terms, deposits, and progress-payment schedules are set out in your signed work authorization. Unless that document says otherwise, payment is due upon completion of the work, or upon completion of each phase for multi-phase projects.

Deposits are applied to the work and are non-refundable to the extent labor has been performed, equipment has been placed, or materials have been ordered. Past-due balances accrue interest at one and one-half percent (1.5%) per month, or the maximum rate permitted by Michigan law if lower, from the invoice date. Returned payments are subject to the maximum fee allowed by law.

If we have to pursue collection, you are responsible for our reasonable costs of collection, including collection agency fees, court costs, expert fees, and reasonable attorneys' fees, to the extent permitted by law. Withholding payment because you are waiting on a third party does not suspend these obligations.

Section 20Construction lien rights

We reserve every right available under the Michigan Construction Lien Act, MCL 570.1101 et seq., including the right to record a construction lien against the property and to pursue any bond or fund available for unpaid amounts. Nothing in these Terms waives, limits, or shortens those rights, and any provision that would do so is not enforceable against us unless we sign a written waiver.

Michigan law requires the Act's statutory notices, and any notice of furnishing, sworn statement, or waiver applicable to your project will be provided as required by law.

Section 21Notice and opportunity to cure

If you believe our work is defective, incomplete, or caused damage, you must notify us in writing at info@wateroutmi.com within thirty (30) days of discovering it, describing the problem in reasonable detail and including photographs where possible.

You agree to give us a reasonable opportunity, and no less than thirty (30) days from that notice, to inspect the condition and to repair, replace, or otherwise cure it at our option, and to provide reasonable access for that purpose. This is a condition precedent to filing any arbitration demand or lawsuit against us.

If you repair, alter, replace, or dispose of the condition, or allow another contractor to do so, before we have had that opportunity to inspect, you have deprived us of the ability to evaluate the claim, and you waive any claim arising from it to the extent permitted by law.

Section 22Limitation of liability

(a) Cap. To the maximum extent permitted by law, the total aggregate liability of WaterOut Michigan Restoration LLC and its members, managers, officers, employees, agents, subcontractors, and affiliates (the “Released Parties”) arising out of or relating to the services, these Terms, the Site, or any related agreement, whether in contract, tort including negligence, strict liability, statute, warranty, or any other theory, will not exceed the total amount you actually paid us for the specific services giving rise to the claim. This cap applies whether the claim arises from one incident or a series of related incidents.

(b) Excluded damages. To the maximum extent permitted by law, the Released Parties will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, business, rental income, or use; diminution in property value; cost of substitute housing, services, or storage; loss of data; spoilage; emotional distress; or any damages arising from delay, regardless of foreseeability and regardless of whether we were told such damages were possible.

(c) Excluded causes. The Released Parties are not liable for damage arising from pre-existing conditions; concealed or latent conditions we did not create; hazardous materials at the property; interference with, shutdown of, or removal of drying equipment or containment; your failure to disclose known conditions; acts or omissions of third parties; occupancy decisions; or events described in Section 24.

(d) Documentation. We are not liable for decisions you or anyone else makes based on our photographs, moisture readings, drying logs, estimates, or scopes. That documentation records what we observed and performed. It is not an appraisal, an engineering opinion, a coverage determination, or professional advice of any kind.

(e) Time limit. Any claim arising out of or relating to our services or these Terms must be commenced within one (1) year after the work giving rise to the claim was completed, or it is permanently barred, except where a shorter period is unenforceable under Michigan law, in which case the shortest enforceable period applies.

Nothing in this section limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, or fraud, or any right you may have under the Michigan Consumer Protection Act that cannot be waived.

Section 23Indemnification

To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless the Released Parties from any claim, demand, action, loss, damage, liability, cost, or expense, including reasonable attorneys' and expert fees, arising out of or relating to: your breach of these Terms; your misrepresentation of ownership or authority to authorize the work; your failure to disclose a known hazard or hazardous material; a claim by any third party, including a co-owner, tenant, lender, association, or neighbor, arising from work you directed us to perform; your use of documentation we prepared; your failure to maintain, secure, heat, or insure the property after our work; interference with equipment or containment; or your negligence, willful misconduct, or violation of law.

This obligation survives completion, cancellation, or termination of the work and of these Terms.

Section 24Force majeure and catastrophe conditions

We are not liable for delay, interruption, or failure to perform caused by events beyond our reasonable control. That includes severe weather, freezes, floods, regional storm events, fire, power or utility failure, pandemic or epidemic, government order, civil unrest, labor disruption, supply shortages, equipment failure, road closures, permit delays, and any similar event.

During a widespread catastrophe, demand exceeds every local contractor's capacity, response times extend, equipment becomes scarce, and we may have to prioritize, reschedule, or decline work. Our obligations are suspended for the duration of such an event. A force majeure event does not relieve you of payment for work already performed or equipment already placed.

Section 25Photographs, video and recordings

Documentation is central to how we work. You authorize us to photograph and record the property, the loss, and the work, before, during, and after, and to retain those records. We may use them for documentation, quality control, training, dispute resolution, and marketing.

We will not publish your name, street address, unit number, or other information identifying you or the property in marketing material without your separate written consent. You may opt out of marketing use, but not documentation use, by telling us in writing before work begins.

Calls to and from our business lines may be monitored or recorded for quality, training, dispatch accuracy, and record-keeping. By calling or texting us, you consent to that recording. Tell us at the start of a call if you do not want it recorded.

Section 26Calls, texts and email

By giving us your phone number, you agree we may call and text you at that number about your request and your job, including callbacks, scheduling, technician-on-the-way updates, monitoring visits, and invoices. Message frequency varies. Message and data rates may apply. Consent is not a condition of purchase. Reply STOP to opt out, HELP for help.

Full details are in our SMS Terms & Conditions, and how we handle your information is described in our Privacy Policy. We do not sell or share mobile opt-in data or phone numbers with third parties for their marketing.

Email and text are not secure or guaranteed channels. Do not use them for emergencies. In an active emergency, call (586) 210-6797, and for anything life-threatening call 911.

Section 27Website terms and content

Content on this Site, including service descriptions, drying durations, response times, FAQs, and safety information, is general information for Michigan property owners. It is not advice for your specific property, and no professional or contractual relationship is created by reading it. Conditions vary, and only an on-site inspection tells you what your property needs.

We may change or remove Site content at any time without notice, and we do not warrant that the Site will be uninterrupted, error-free, or free of harmful components. Links to third-party sites are provided for convenience and are not endorsements. We are not responsible for their content or practices.

The Site, its text, layout, graphics, and design, and the documentation, scopes, photographs, moisture maps, and reports we prepare, are our property or our licensors' property and are protected by copyright and trademark law. You may use documentation we prepare for your own property records and claim purposes. You may not copy, republish, resell, or use our content or work product commercially without our written permission.

Section 28Suspension, stop-work and termination

We may suspend or terminate work, remove our equipment, and invoice for everything performed to that point if: a hazardous or unsafe condition is discovered; regulated material is suspected under Section 10; access is denied, delayed, or unsafe; you or anyone at the property threatens, harasses, or endangers our personnel; a required payment is not made when due; you materially breach these Terms or the work authorization; or you direct us to perform work we believe is unsafe, improper, non-compliant, or misrepresents the loss.

We may also decline any job for any lawful reason. Suspension or termination under this section is not a breach by us, and it does not waive our right to payment, to our lien rights, or to any other remedy.

Section 29Dispute resolution

Michigan law. These Terms and any dispute arising out of or relating to them, the Site, or our services are governed by the laws of the State of Michigan, without regard to conflict of laws principles.

Talk first. Before starting any formal proceeding, the parties agree to attempt to resolve the dispute in good faith, which includes complying with the written notice and opportunity to cure in Section 21.

Binding arbitration. If the dispute is not resolved, it will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules where applicable, and otherwise its Construction Industry Rules, before a single arbitrator, seated in Macomb County, Michigan. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator decides all issues except the enforceability of the class waiver below, which is for a court to decide.

Small claims carve-out. Either party may instead bring an individual claim in Michigan small claims court if it qualifies, and either party may seek injunctive relief in court to protect construction lien rights or intellectual property.

Venue. If arbitration does not apply or is found unenforceable, the exclusive venue is the state or federal courts located in or serving Macomb County, Michigan, and you consent to their jurisdiction.

Fees. Except where the applicable consumer arbitration rules or Michigan law provide otherwise, the prevailing party is entitled to recover its reasonable attorneys' fees, expert fees, and costs.

Section 30Severability and savings

If any provision of these Terms is held invalid, illegal, or unenforceable, it will be modified to the minimum extent necessary to make it valid and enforceable, and if that is not possible, severed. Every remaining provision stays in full force.

It is the parties' express intent that each limitation of liability, disclaimer, time bar, notice requirement, indemnity, waiver, and arbitration provision be enforced to the fullest extent the law allows. If any of them is found overbroad or unenforceable, it will be reformed to provide the maximum protection permitted rather than struck entirely.

Section 31Entire agreement and order of precedence

These Terms, together with your signed work authorization, estimate, and any signed change orders, are the entire agreement between you and WaterOut for the work, and they supersede all prior or contemporaneous discussions, proposals, advertisements, and representations on the same subject.

If documents conflict, this order controls, from highest to lowest: (1) a signed change order, (2) the signed work authorization and its attached estimate, (3) these Terms, (4) anything else, including content on this Site.

No waiver of any provision is effective unless in writing and signed by an authorized representative of WaterOut, and no single waiver waives anything else or waives the same provision on a later occasion. Our failure to enforce a right is not a waiver of it.

Section 32Changes to these Terms, and how to reach us

We may update these Terms. The current version is always posted at this address with the Last Updated date at the top, and it applies to work authorized after it is posted. Work already authorized continues under the version in effect when you authorized it, together with your signed work authorization.