Saia Shield Membership Agreement

CONTRACT PARTICULARS ⚠

Complete this block for each enrolled Member. Required by Indiana’s Home Improvement Contracts Act, IC 24-5-11-10.

1. Agreement & Acceptance

This Membership Agreement (“Agreement”) governs your enrollment in The Saia Shield residential exterior maintenance membership (the “Membership”). By enrolling and paying, you (“Member,” “you,” “homeowner”) accept these terms. The Membership is provided by Saia & Sons Restoration, LLC, an Indiana limited liability company.

Electronic consent. You agree to conduct this transaction electronically. Your electronic acceptance (including through DocuSign or another electronic signature platform) has the same legal effect as a handwritten signature under Indiana’s Uniform Electronic Transactions Act (IC 26-2-8) and the federal E-SIGN Act (15 U.S.C. § 7001). You may request a paper copy at any time by emailing info@saiarestoration.com.

2. Membership Term

The Membership is an annual membership priced at the equivalent of $39 per month ($468 per year), billed annually or in two seasonal installments, not monthly. The Membership is tied to a single residential property located within our service area. It is available for standard single-family residential properties in Lake and Porter Counties. For this purpose, a “standard” home is a single-family residence up to approximately 3,500 sq ft of living space (roof area up to roughly 30 squares); larger homes, multi-family, commercial, or homes with steep or otherwise unsafe roofs may require approval or custom pricing. If you sell the home, see Section 15 (Transferability).

3. Fees & Billing

• Annual plan: $468, paid in full at enrollment.
• Seasonal plan: Two installments of $234 (total $468), due at enrollment and approximately six months later. The seasonal plan is an annual Membership paid in two installments; enrollment creates a one-year term.
• We do not auto-charge your card. Renewal is manual: you’ll receive a renewal invoice/notice before your term ends, and your Membership renews only when you submit renewal payment (Section 4).
• Payment failure: If an installment is not paid within 15 days of its due date, the Membership is suspended, Shield Credit accrual pauses (Section 10), scheduled services may be paused, and the Membership may be canceled after notice. A late fee may apply to past-due installments.
• Prices are subject to change on renewal with notice (Section 20). Existing Members are honored at their current rate for the remainder of the paid term.

4. Renewal & Cancellation

• Renewal is not automatic. You will receive a renewal notice before your term expires. The Membership continues only if you submit renewal payment.
• You may cancel at any time before renewal by emailing info@saiarestoration.com or calling (219) 209-2433. Because sign-up is online, cancellation is available by the same channel (email/phone), no in-person requirement.
• Cancellation stops future renewals only. It does not refund the current paid term except as provided in Sections 5 and 6.

5. Your Right to Cancel, 3 Business Days ⚠

You may cancel this contract at any time before midnight on the third business day after the later of the following:

• The date this contract is signed by you and Saia & Sons Restoration, LLC.
• If applicable, the date you receive written notification from your insurance company of a final determination as to whether all or any part of your claim or this contract is a covered loss under your insurance policy.

See the attached Notice of Cancellation form for an explanation of this right. To cancel, mail, deliver, or email a signed and dated copy of the Notice of Cancellation form (or any other written notice) to Saia & Sons Restoration, LLC, 2027 Marlinspike Ct, Crown Point, IN 46307, or info@saiarestoration.com. A mailed notice is effective on the date it is deposited in the U.S. mail, postage prepaid and properly addressed. An emailed notice is effective on the date it is electronically submitted.

If you cancel under this Section, any payments you made will be returned to you within ten (10) business days after we receive your cancellation notice, minus any amounts you may owe for work we already performed. (This statutory right is in addition to, and takes precedence over, the refund policy in Section 6 during the first three business days.)

This right is provided by Indiana’s Home Improvement Contracts Act, IC 24-5-11-10.6. This right applies if this Agreement is treated as a real property improvement contract. Cancellation may be submitted by email.

6. Refund Policy ⚠

• Statutory 3-day window (first three business days): You may cancel within the 3-business-day statutory window described in Section 5 for a full refund of amounts paid, minus any amounts you may owe for work already done (Section 5). To protect this right, we will not perform the first Maintenance Assessment until your 3-business-day cancellation window has expired unless you separately request emergency or temporary services in writing.
• Before the first scheduled Maintenance Assessment (after the 3-day window): you may cancel for a full refund, less any non-refundable payment-processing fee we cannot recover, to the extent permitted by applicable law.
• After a Maintenance Assessment has been completed (after the 3-day window): the current paid period is nonrefundable. You paid for two seasonal Maintenance Assessments per year; once one is performed, that work is done and the fee is earned.
• Seasonal plan: if the first seasonal Maintenance Assessment has been completed, the first installment ($234) is nonrefundable and the second installment ($234) remains due and payable for the term unless Saia & Sons agrees otherwise in writing.
• The second seasonal Maintenance Assessment, if not yet performed, remains available through the end of the term.
• If we cancel your Membership for our own reasons other than your breach (Section 16), you receive a prorated refund of the unused portion.

7. What the Membership Includes

Each annual term includes two (2) Roof & Exterior Maintenance Assessments (roughly six months apart) of the enrolled property, each covering, at our discretion and as accessible:

• Roof, shingles, flashing, penetrations, visible debris and wear
• Gutters & downspouts, clearing, flushing, leak check
• Siding, fascia & soffit, cracks, gaps, rot, loose sections
• Skylights & ventilation, seals and airflow
• Exterior doors, trim & penetrations, seals and wood rot
• Drainage near the foundation, water diversion observations (visual only)

Each visit also includes the routine maintenance performed as part of that assessment (gutter clearing of accessible gutters; resealing of exposed fasteners/nail heads and pipe-boot seals; minor caulking/sealant touch-ups at penetrations and flashing; optional exterior soft-wash of accessible surfaces), high-resolution photo documentation, and a written Roof Health Score proprietary condition rating (Section 8).

Assessment windows: the two visits are scheduled seasonally, Spring (March-June) and Fall (September-November). Exact dates vary with weather and crew availability; we do not guarantee a specific calendar date.

Gutter service limits: clearing/flushing of accessible gutters only. Excludes gutter-guard removal, underground/leader drains, gutter repairs, disassembly, unusually heavy debris (construction, compaction, heavy vegetative growth), detached/downspout repairs, or unsafe access, each quoted separately if needed.

8. Roof & Exterior Maintenance Assessment & Proprietary Condition Rating

The Roof & Exterior Maintenance Assessment is a trade-specific maintenance assessment performed by Saia & Sons as part of the maintenance services under this Agreement. It is a visual, non-invasive review of the accessible exterior conditions of your roof and exterior, performed by the contractor who maintains the property, not an independent, third-party evaluation.

The written deliverable from each visit is a maintenance log: the maintenance work performed, representative photos, maintenance recommendations, and a Roof Health Score. The Roof Health Score is a proprietary condition rating: an educational opinion of the visible maintenance condition at the time of the assessment. It is not a certification, warranty, guarantee, engineering determination, a report of material defects, or an insurance/real-estate-transfer inspection. Maintenance logs are delivered to the Member and are for the Member’s personal use.

9. Scope Limits & What This Is Not ⚠

• This is not a licensed home inspection. This service is not intended, offered, or marketed as a licensed Indiana home inspection, whole-home inspection, real-estate-transfer inspection, engineering inspection, code inspection, appraisal, or report of material defects. It is a trade-specific roof and exterior maintenance assessment performed in connection with the maintenance services under this Agreement. If you need a licensed home inspection (for example, for a real estate transaction), you should engage a licensed Indiana home inspector.
• The assessment is visual and non-invasive. It is not a structural, engineering, foundation, mold, asbestos, pest, or code-compliance inspection, and it does not include attic/interior leak tracing unless separately agreed in writing.
• Assessment method (ground-level, binoculars, ladder, drone, or roof-walk) is determined solely by Saia & Sons based on safety, weather, roof condition, accessibility, and professional judgment. We will not access roofs we deem unsafe, e.g., excessive pitch, snow/ice, active storms, or structural concern.
• This is not insurance and not a guarantee. The Membership does not prevent leaks, storm damage, rot, mold, or any future failure, and it creates no warranty as to the condition of your home.
• No insurance-claim adjusting. Saia & Sons may provide construction estimates for repair or replacement work, but will not estimate the value of your insurance claim, interpret policy coverage, negotiate claim scope, pursue or settle a claim, or act as a public adjuster or your advocate with the insurer. Consistent with IC 24-5-11-10(e) and IC 27-1-27, neither we nor our subcontractors will initiate or pursue a claim with your insurer. If you need claim assistance, consult a licensed Indiana public adjuster or your insurance professional.
• Priority scheduling means Members are scheduled ahead of non-members; it is not a guaranteed response time, especially during storm surge.
• Emergency service requests are handled in the order determined by Saia & Sons based on safety, weather, severity, and crew availability; no specific response time is guaranteed.
• Pre-existing conditions: the Membership does not cover defects, damage, deferred maintenance, or conditions that existed before enrollment.

10. Shield Credit ⚠

• Members earn a Shield Credit accruing at $13 per month of paid, current Membership, up to a maximum of $1,000.
• Credit accrues monthly only while the account is paid and current. If you prepay annually, accrual is still monthly (not all at once). If an installment is late, accrual pauses until the account is current and does not retroactively accrue for the paused period.
• Shield Credit is redeemable only after 12 consecutive paid months, and only as a credit toward a roof or siding replacement performed by Saia & Sons under a separate written contract.
• The Shield Credit is a conditional promotional credit. It is not cash, a deposit, escrow, a savings account, an interest-bearing balance, or transferable value. It has no cash value and is not refundable.
• The Shield Credit expires immediately upon cancellation, non-renewal, or material breach of this Agreement.
• The Shield Credit cannot be applied to an insurance deductible and cannot be used to reduce or rebate the cost of insurance-funded work (Section 12).
• No obligation to replace: Membership creates no obligation for Saia & Sons to recommend or perform a roof or siding replacement; replacement recommendations remain solely at our professional discretion based on assessment findings.
• Credit after contract: once a replacement contract is signed and the Shield Credit has been applied, later cancellation of the Membership does not invalidate that already-applied credit.

11. Member Repair Discount

• Members receive 10% off retail repair services performed by Saia & Sons, capped at $250 of discount per repair visit.
• The discount applies to standard retail repairs only and is excluded from: full roof/siding replacements, insurance-claim work, insurance deductibles, permits, emergency/after-hours fees, special-order materials, and any other promotion or offer.
• Repairs require a separate written estimate and agreement; the Membership does not authorize or obligate any repair work. Assessment recommendations are advisory only, and Members are under no obligation to purchase repairs from Saia & Sons.
• Discounts may not be combined with any other promotion or offer unless expressly approved in writing.

12. Insurance & Deductible Safeguard ⚠

To comply with Indiana law (IC 24-5-11-10.5) and applicable insurance/anti-rebate rules, neither the Shield Credit, the repair discount, nor any other Membership benefit may be used to waive, reduce, absorb, or rebate your insurance deductible, to satisfy, offset, or reimburse any obligation you owe under your insurance policy, or to lower the amount you owe on insurance-funded work below what is proper under your policy and applicable law. IC 24-5-11-10.5(a) prohibits a contractor from advertising, offering, or promising to pay or rebate any part of an insurance deductible (including by credit) to induce a real property improvement contract.

13. Access & Homeowner Responsibilities

• You agree to provide safe, lawful access: unlock gates, secure pets, disclose known hazards or prior repairs, and ensure someone 18+ is present if required.
• If we arrive for a scheduled Maintenance Assessment and cannot safely access the property, we will offer one reasonable reschedule. If a Member misses two scheduled appointments without at least 24 hours’ notice, Saia & Sons may charge a reschedule fee or count the visit as completed at our discretion.

14. Photos & Documentation

Photos and reports are generated for your use. We may use anonymized photos for internal quality and training. Marketing use (e.g., website, social media, showing your home or address) requires your separate written consent, which you may decline or revoke. We retain membership records for the term of the Membership plus two (2) years.

15. Transferability

The Membership is tied to the enrolled property. If you sell the home, the Membership does not automatically transfer. It may transfer to the new owner only with our prior written approval and a signed assumption. The Shield Credit is non-transferable and has no cash value to you on sale.

16. Right to Refuse or Cancel

We may decline enrollment or cancel a Membership, with prorated refund of the unused term, where: the property is outside our service area; conditions are unsafe; the Member is abusive or uncooperative; payment fails and is not cured; or work would violate law or manufacturer warranty. We may also decline any individual repair/replacement.

17. Force Majeure

Saia & Sons shall not be considered in breach of this Agreement for delays or failures caused by weather, natural disasters, labor or supplier shortages, governmental actions, pandemics, or other events beyond our reasonable control. Affected assessments or services will be rescheduled within a reasonable time.

18. Communication Consent ⚠

By enrolling, you consent to receive transactional emails, phone calls, and text messages from Saia & Sons relating to assessments, scheduling, invoices, Membership renewals, and service updates. Consent to transactional messages is not a condition of purchasing additional services, and you may opt out at any time. Marketing messages require your separate prior express written consent, which you may give or decline separately. (Counsel to confirm alignment with the TCPA, 47 U.S.C. § 227, and applicable marketing/messaging rules.)

19. Intellectual Property

Assessment reports, Roof Health Scores, photos, and related materials remain the intellectual property of Saia & Sons Restoration, LLC. They may not be reproduced, altered, or used for commercial purposes without our written permission. You may use your report for personal, non-commercial purposes.

20. Changes to Terms & Price

We may update this Agreement on notice. Material changes take effect at your next renewal, giving you the chance to decline renewal. Price changes apply only at renewal with advance notice; your current paid term is honored at the rate you paid.

21. Limitation of Liability ⚠

To the fullest extent permitted by law, Saia & Sons’ liability under this Agreement is limited to the fees you paid for the Membership in the twelve (12) months preceding the claim. We are not liable for indirect, incidental, consequential, or special damages, or for any condition of the property we did not or could not observe. Nothing here limits liability that cannot be limited under Indiana law, and this Section does not apply to liability for gross negligence, willful misconduct, fraud, or bodily injury to the extent such limitation is prohibited by law. Nothing in this Agreement (including this Section, the warranty disclaimers, or the refund limits) waives or limits any nonwaivable rights or remedies conferred on the consumer by Indiana’s Home Improvement Contracts Act (IC 24-5-11), the Deceptive Consumer Sales Act (IC 24-5-0.5), or other applicable consumer-protection law, including the statutory right to cancel and obtain a refund under Section 5. (Counsel to confirm this clause satisfies Powell v. American Health Fitness Center, 694 N.E.2d 757 (Ind. Ct. App. 1998) and IC 26-2-5-1.)

22. Governing Law & Disputes

This Agreement is governed by the laws of the State of Indiana. The parties consent to the jurisdiction of the state courts located in Lake County, Indiana, for any dispute arising hereunder.

23. Entire Agreement

This is the entire agreement for the Membership and supersedes prior discussions. If any provision is found unenforceable, the rest remains in effect. No modification is enforceable against the consumer unless it is in writing and signed by the consumer. No modification is binding on Saia & Sons unless it is also signed by Saia & Sons.