1. ACKNOWLEDGMENT OF RESPONSIBILITY
The Home Owner or authorized Agent acknowledges responsibility for property ownership, placement of the home, compliance with property lines, easements, zoning, and setbacks. VLS does NOT provide surveying services and bears no responsibility for boundary verification. If changes must be made during or after initial construction due to a lack of correct information being given to VLS, they will be at the homeowner's expense.
2. UTILITIES & SITE CONDITIONS
All utilities must be accurately located and marked prior to construction. VLS is not responsible for damage to unmarked or inaccurately marked utilities. Construction may involve excavation, grading, and heavy equipment.
3. WEATHER, SOIL, AND SITE ACCESS
Construction delays may occur due to weather or soil conditions. Soil settling and erosion are natural parts of construction and corrective work may incur additional cost.
4. PAYMENT TERMS
Payment from individual homeowners not going through third party financing is due on the day of construction if applicable. Otherwise VLS will work with the Lender or Retailer to confirma payment. Accepted forms include cash, check, or credit card (3% processing fee). Returned checks incur a $30 fee.
5. ASSUMPTION OF RISK
The Home Owner voluntarily assumes all risks inherent to construction activities.
6. RELEASE OF LIABILITY
To the fullest extent permitted by Texas law, the Home Owner releases Voyles Land Service, its owners, employees, agents, and subcontractors from liability arising from construction activities.
7. INDEMNIFICATION & HOLD HARMLESS
The Home Owner agrees to indemnify and hold harmless VLS from claims arising from inaccurate information, unmarked utilities, boundary disputes, or third-party claims.
8. SUBCONTRACTORS
All protections and releases extend to subcontractors engaged by VLS.
9. HOME OWNER NOT PRESENT
The Home Owner authorizes VLS to rely on provided information even if not present during construction.
10. ELECTRONIC SIGNATURES
Electronic signatures are legally binding and equivalent to handwritten signatures.
11. GOVERNING LAW & VENUE
This Agreement is governed by Texas law, with venue in the county where the property is located and in Smith County, Texas.
12. ENTIRE AGREEMENT
This document constitutes the entire agreement between the parties.