Terms and Conditions for Services

Scope of Services

RCR Environmental agrees to perform mold remediation services as outlined in the service agreement and any associated work orders. Services include initial assessments, remediation, post-remediation verification, and air quality testing as specified.

Access and Cooperation

Client agrees to provide RCR Environmental with necessary access to the property and utilities to perform the services outlined in the agreement. This includes ensuring that all relevant areas, such as basements, crawl spaces, and attics, are accessible, and that utilities like electricity and water are available and operational.

• Removal of Obstructions: The client must remove or secure all personal items, furniture, and other obstructions from the work areas before the commencement of the project. This allows RCR Environmental to conduct a thorough and unobstructed assessment and remediation. Failure to remove obstructions may result in delays and additional charges.
• Cooperation for Additional Repairs: If during the remediation process it is determined that additional repairs are necessary, the client agrees to provide access for these repairs. This includes the removal and replacement of fixtures such as cabinets, countertops, and other built-in structures, as needed. RCR Environmental will notify the client of any such requirements in advance and obtain written approval before proceeding with the additional work.
• Notification and Scheduling: The client agrees to promptly notify RCR Environmental of any changes in the property’s condition or any issues that may affect the remediation process. The client must also be available for scheduling site visits, inspections, and any necessary follow-up appointments to ensure the timely progression of the project.
• Compliance with Safety Protocols: The client agrees to comply with all safety protocols established by RCR Environmental. This includes restricting access to the work areas to authorized personnel only and following any instructions provided to maintain safety and prevent contamination.
• Failure to Provide Access or Cooperation: If the client fails to provide the necessary access or cooperation, RCR Environmental reserves the right to suspend or terminate the services. In such cases, the client will be responsible for payment for all services rendered up to the date of suspension or termination, including any costs incurred due to the lack of access or cooperation.
• Liability for Delays: The client acknowledges that any delays caused by their failure to provide access or cooperation may result in additional charges and extended project timelines. RCR Environmental will not be liable for any consequences arising from such delays.

Service Limitations

Only mold remediation jobs are covered by our Mold Warranty Coverage. This warranty is explicitly detailed in the service agreement/terms page and applies solely to services directly related to mold remediation performed by RCR Environmental.

RCR Environmental will not be responsible for pre-existing conditions, hidden damages, or areas that are inaccessible for inspection and remediation. Services are limited to visible and accessible areas unless otherwise specified in the agreement. 

Owner acknowledges and agrees that RCR Environmental will not be held liable, nor will the owner seek to hold RCR Environmental liable, for any visible and/or unseen mold that may exist on the premises, either prior to, during, or after the completion of water damage restoration and dry-out services. Owner understands that water damage can create conditions conducive to mold growth, which may not be immediately apparent.

Owner acknowledges that any mold issues must be addressed directly with the insurance company or a certified hygienist. RCR Environmental’s responsibility is limited to the mitigation and remediation of water damage and does not extend to mold testing or removal unless explicitly contracted.

The owner further acknowledges their duty to disclose to any occupants or future owners the work performed by RCR Environmental, as well as the potential for mold-related damages that may result from water damage incidents. Owner agrees to defend, indemnify, and hold RCR Environmental harmless from any claims that may arise due to the owner’s failure to comply with this agreement or disclose potential mold issues.

It is advised that asthmatics, the elderly, infants, and those with compromised immune systems, Multiple Chemical Sensitivity (MCS), or other types of environmental allergies or sensitivities exercise caution when occupying the premises following water damage restoration and dry-out services.

Owner acknowledges that failure to properly maintain and monitor the premises following remediation can result in mold growth. Therefore, it is crucial to follow all recommendations provided by RCR Environmental regarding ongoing moisture control and inspection.

Liability and Damages

RCR Environmental is committed to delivering high-quality services. However, the following limitations apply:

• Trim/Molding: Trim, including baseboards and door casings, may be removed to access and remediate affected areas. If trim is damaged or noted affected during the our process, it may not be replaced, or it may require replacement if broken. Additionally, the application of silicone to trim is not included unless otherwise stated.
• Pre-existing Conditions: RCR Environmental is not liable for any damages resulting from pre-existing conditions, including but not limited to, structural issues, hidden mold, or water damage that were not identified during the initial inspection.
• Disclosure and Access: Damages caused by the failure of the client to disclose pertinent information or provide access to all necessary areas will not be the responsibility of RCR Environmental.
• Secondary Damages: RCR Environmental is not responsible for secondary damages, including mold regrowth due to conditions outside our control, such as water intrusion after remediation or failure to maintain proper humidity levels.
• Personal Property: Loss or damage to personal property left in work areas is not covered. Clients are advised to remove or protect personal items before work begins.
• Fixture Removal: During the remediation process, it may be necessary to remove and replace cabinets or other fixtures. RCR Environmental will not be held liable for damages to these items unless negligence is proven.
• Aesthetic Differences: Drywall texture, paint color, wood color, grain, texture of cabinets, and replacement molding may not match exactly with the existing finish. This is to be expected and is not considered a defect.
• Natural Wear and Tear: RCR Environmental is not responsible for damages due to natural wear and tear or aging of materials.
• Cabinet Removal: When removing cabinets for remediation purposes, we will take care to minimize damage. However, in some instances, cracking or splitting of cabinet faces or boxes can occur. RCR Environmental will not be held responsible for such damages unless negligence is proven.
• Countertops: When cabinets that support countertops are removed, supports are put in place to protect them. In very rare cases, countertops could crack during this process. RCR Environmental will not be held liable for the replacement of countertops if such damage occurs.

Health and Safety

RCR Environmental adheres to stringent safety protocols and utilizes certified equipment to ensure a safe and effective remediation process. It is important to note that the EPA has not established regulations or standards for airborne or surface mold concentrations, nor for evaluating health effects due to mold exposure. To address this uncertainty and provide a baseline for comparison, we use outdoor control samples. This helps us accurately identify mold levels and potential issues within the property.

We cannot guarantee the complete removal of all mold spores because mold is commonly found in both outdoor and indoor environments. By using outdoor control samples, we can better understand the mold levels that are naturally present in the environment, which aids in assessing and addressing the mold issues within your property. For more information about mold, please visit the EPA’s website at www.epa.gov/mold.

Third-Party Testing

Air quality and mold spore samples are collected and analyzed by an independent, third-party accredited laboratory to ensure unbiased and accurate results. The laboratory follows stringent protocols to identify and quantify mold types and concentrations, providing a detailed analysis of the indoor air quality and mold presence within the property.

• Sample Collection: Samples are taken from various areas within the property, particularly in locations prone to mold growth. This can include air samples, surface swabs, or bulk samples, depending on the situation.
• Chain of Custody: RCR Environmental maintains a rigorous chain of custody for all samples to ensure their integrity and legal admissibility. This process includes detailed documentation at every step, from collection to analysis.
• Laboratory Analysis: The independent laboratory uses advanced techniques and equipment to analyze the samples, identifying mold species and concentrations. This analysis provides critical data for assessing the effectiveness of remediation efforts.
• Reporting: The results of the laboratory analysis are compiled into a comprehensive report, which includes detailed findings, laboratory methods used, and interpretations of the data. This report helps to verify the indoor air quality or success of the remediation and provides evidence of the property’s air quality status.

Payment Terms

Payment terms are outlined in this agreement. Any additional services requested by the client that fall outside the initial scope will incur additional charges. These requests can be made via text, call, or in writing and are due upon completion of work. Payments not received by the due date will be subject to a late fee of $25 and an additional interest charge of 1.5% per month, as permitted by the California Financial Code.

Indemnification

The client agrees to indemnify and hold RCR Environmental harmless from any claims, damages, losses, or expenses arising out of the performance of services, except to the extent caused by RCR Environmental’s gross negligence or willful misconduct.

Dispute Resolution

Any disputes arising from this agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in Murrieta, CA, and all proceedings shall be confidential. The arbitrator’s decision shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The client agrees to bear all costs associated with the arbitration, including attorney’s fees, unless the arbitrator decides otherwise

Governing Law

This agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. All parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [Your City], California, for any legal proceedings arising out of or related to this agreement.

Severability

If any provision of this agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement will continue in full force and effect. The invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be severed from this agreement.

The parties agree to negotiate in good faith to replace any invalid, illegal, or unenforceable provision with a valid, legal, and enforceable provision that, as closely as possible, reflects the original intent of the parties. The failure of either party to enforce any provision of this agreement shall not constitute a waiver of that provision or any other provision of this agreement.

Termination

Either party may terminate this agreement with written notice if the other party fails to perform its obligations under this agreement. The notice of termination must specify the nature of the breach and provide the breaching party with a reasonable period, not exceeding 30 days, to cure the breach. If the breach is not cured within the specified period, the termination will become effective at the end of that period.

In the event of termination, the client will be responsible for payment for services rendered up to the date of termination, including any costs incurred by RCR Environmental for materials or subcontracted services ordered prior to the termination date. Additionally, the client agrees to reimburse RCR Environmental for any demobilization costs and non-cancelable commitments incurred prior to termination.

Upon termination, RCR Environmental will provide the client with a final invoice detailing all charges for services performed and costs incurred up to the termination date. Payment for the final invoice is due within 15 days of receipt.

If the client terminates this agreement for convenience (i.e., without cause), the client will be responsible for all costs incurred by RCR Environmental up to the date of termination, as well as a termination fee equal to 10% of the remaining contract value. This fee compensates RCR Environmental for the loss of anticipated profits and other damages resulting from the early termination.

Acceptance of Terms

By accepting a quote, having RCR Environmental perform testing, or initiating an assessment, the client acknowledges that they have read, understood, and agreed to these terms and conditions. This acceptance constitutes a binding agreement between the client and RCR Environmental and is enforceable as a legal contract.

Methods of Acceptance: The client can indicate their acceptance of these terms and conditions through various means, including but not limited to:

• Providing a signed acceptance of the quote.
• Sending written confirmation via email, text message, or other forms of electronic communication.
• Verbally agreeing to proceed with the services, which will be documented by RCR Environmental.
• Paying the initial deposit or any portion of the quoted or invoiced amount.

Mold Warranty Coverage

RCR Environmental offers a 3-year mold protection warranty, ensuring peace of mind for homeowners. This warranty is transferable and covers the remediation of new visible mold on permanently installed surfaces, provided RCR Environmental performs the initial remediation and final clearance testing. The warranty guarantees that any new mold growth discovered after the final inspection will be addressed promptly. Clients can trust in our commitment to quality and adherence to industry standards, knowing that any covered repairs will be managed by our qualified team.

Coverage Term

The mold protection warranty provided by RCR Environmental is valid for 3 years from the clearance date, which is the date when the final clearance testing confirms the successful completion of mold remediation. To be eligible for coverage, all claims must be submitted within this 3-year period. Claims submitted after the warranty period will not be considered.

Transferability

The warranty is transferable, meaning that if the property is sold within the 3-year warranty period, the new owner can benefit from the remaining term of the warranty. This transferability adds value to the property by assuring potential buyers of continued mold protection. Although written notification to RCR Environmental is not required for the transfer, it is recommended that new owners inform RCR Environmental to ensure continuity of service and receive any updates or communications related to the warranty. The warranty applies only to the property listed in the original invoice, report, or certificate supplied by RCR Environmental and is limited to the scope of work originally performed. Any modifications or renovations done by the new owner that affect the areas covered by the warranty may void warranty.

Coverage Details

After the final clearance test is certified, coverage begins. If the customer believes there is mold present, RCR Environmental should be notified immediately to identify and remediate the issue.

• Identification and Assessment: RCR Environmental will conduct an inspection to identify the presence and extent of new visible mold growth on permanently installed surfaces.
• Remediation Efforts: This warranty covers the removal of newly identified visible mold growth. The remediation process will follow industry standards to ensure effective and safe removal of mold.
• Scope of Coverage: The warranty applies to permanently installed surfaces such as walls, ceilings, and floors within the property. It does not cover movable or temporary fixtures.

Client Responsibilities

To ensure the effectiveness and validity of the mold protection warranty, clients must adhere to the following responsibilities:

• Promptly Notify: Inform RCR Environmental immediately of any suspected new visible mold growth to initiate warranty coverage and address the issue promptly.
• Provide Access: Ensure timely access for RCR Environmental to inspect and remediate, including arranging entry to all necessary areas.
• Maintain Conditions: Prevent future mold growth by managing humidity levels, ensuring proper ventilation, and addressing any water intrusions or leaks immediately.
• Avoid Unauthorized Repairs: Refrain from performing or authorizing any repairs or modifications without RCR Environmental’s prior approval, as this may void the warranty.
• Document Issues: Assist in the assessment process by documenting visible mold growth with photos and descriptions, and maintain clear, timely communication with RCR Environmental.
• Follow Maintenance Recommendations: Adhere to maintenance recommendations provided by RCR Environmental to prevent mold recurrence, as failure to do so may result in limited coverage.
• Prepare Property: Cover costs for preparing the property for inspection and remediation, such as moving furniture or personal belongings, and settle any outstanding payments related to the initial remediation and additional approved services.

Limitations

The coverage is limited to the original invoiced amount or up to $3000, whichever is less. Any additional repairs beyond this amount are not covered under this warranty. RCR Environmental retains the exclusive right to initially assess any damage, conduct tests to determine mold presence and levels, and perform any necessary repairs. This ensures that all remediation work meets our high standards and complies with industry best practices.

Exclusions

This warranty does not cover:

• Pre-existing conditions.
• Issues not reported within the warranty term.
• Issues not originally addressed by RCR Environmental.
• Damage caused by the homeowner or third parties.
• Renovation-related damages.
• Natural disasters or insurable events.
• Mold from additional water intrusion or unaddressed excessive moisture.
• Compliance with external requirements unless covered by this warranty.
• Damage from investigation or repair of covered issues.
• Medical issues related to mold or mildew.

Right to Review

RCR Environmental reserves the right to have its employees or contractors perform, review, and bid on any covered project to ensure adherence to our high standards and industry best practices. We may choose to execute the work ourselves or select a preferred contractor based on the most qualified and cost-effective bid. This process allows us to maintain control over quality and efficiency, ensuring optimal results for the client.

Privacy Policy

At RCR Environmental, we are committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and protect your information when you visit our website [rcrmold.com] (the “Site”).

Information We Collect

• Personal Information: We may collect personal information that you provide to us directly, such as your name, email address, phone number, and other contact details.
• Usage Data: We automatically collect certain information when you visit the Site, such as your IP address, browser type, operating system, the pages you view, and the dates/times of your visits.
• Cookies: We use cookies to enhance your experience on our Site. Cookies are small files stored on your device that help us understand how you use the Site and remember your preferences.

How We Use Your Information

We may use the information we collect for various purposes, including:

• To provide, operate, and maintain our website
• To improve, personalize, and expand our website
• To understand and analyze how you use our website
• To develop new products, services, features, and functionality
• To communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
• To process your transactions and manage your orders
• To send you emails
• To find and prevent fraud
• To provide direct communication via text messaging for booking and updates

Sharing Your Information

We may share your information with third parties in certain circumstances, including:

• With service providers who perform services on our behalf
• To comply with legal obligations
• To protect and defend our rights and property
• With your consent or at your direction

Security

We implement a variety of security measures to maintain the safety of your personal information. However, no method of transmission over the Internet or method of electronic storage is 100% secure, and we cannot guarantee absolute security.

Your Choices

You have the right to:

• Access and update your personal information
• Opt-out of receiving marketing communications from us
• Request deletion of your personal information

Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted on this page with an updated revision date.

Contact Us

If you have any questions about this Privacy Policy, please contact us at info@rcrmold.com.

Terms and Conditions

These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your use of our website located at [rcrmold.com] (together or individually “Service”) operated by RCR Environmental.

Your Agreement with Us

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of RCR Environmental and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by RCR Environmental. RCR Environmental has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that RCR Environmental shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

Limitation of Liability

In no event shall RCR Environmental, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Service; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Service; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Service by any third party; and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not we were advised of the possibility of such damages.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes to Terms and Conditions

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Contact Us

If you have any questions about these Terms, please contact us at info@rcrmold.com.