These Terms of Service apply to your Freedom Comfort Club Invoice (Agreement) with Worry Free Comfort Systems, Inc. dba Freedom Heating and Cooling, (Freedom). If you have any questions, please contact Freedom at 205-444-4444.
You can call Freedom’s 24-hour contractor hotline at 205-444-4444 to schedule an appointment for a technician to come to the noted Service Address for repairs to the HVAC system (Equipment). You will receive a 20% discount on all parts and any repair work performed on your Equipment. You will also receive priority service and 5% off a full system replacement.
This Agreement includes the number of tune-ups and cleanings as listed in your Agreement (Tune-Up) per 12-month period. Tune-ups and cleanings must be scheduled 6 months apart. Your Equipment must be performing its fundamental operations in normal service for all points of the Tune-Up to be provided. This Agreement also includes one plumbing inspection per year upon your request consisting of a visual inspection of your fixtures, faucets, valves and water heater and a pressure test for your plumbing system.
This Agreement covers only the items listed in Sections 2 and 3 above.
What you will pay for this Agreement (Fee) and how you pay Freedom is specified on the front of this form.
Freedom reserves the right to reject this Agreement if, on inspection, your Equipment is found to be in such condition that service would be unsatisfactory to either you or Freedom.
Repairs performed under this Agreement are guaranteed: (1) against defects in workmanship for thirty (30) days; and (2) against defects in materials for one hundred twenty (120) days or in accordance with any applicable manufacturer’s warranty (Guarantee). If you have a problem within thirty (30) days of the repair, there will be no service charge to come back out and diagnose the problem.
This Agreement begins on the listed Paid On date and continues for the number of years shown on your Agreement (Term) unless you cancel or fail to pay the Fee.
By electing a 1-year term and unless You tell Freedom otherwise, Your Agreement will automatically renew at the end of every term at the then-current renewal price. Freedom reserves the right to not offer this Agreement upon renewal.
You may cancel at any time by calling Freedom at 205-444-4444. If you cancel within thirty (30) days of your Start Date, you will get a full refund of your Fee, less any Tune-ups or discounts on repairs provided. If You cancel more than thirty (30) days after the Start Date you will be given a pro-rata refund, if applicable, less any Tune-ups or discounts on repairs provided. If you miss a payment of the Fee, you will not be able to use this Agreement or request a Tune-Up until payment is made.
Freedom reserves the right to refuse service under this Agreement should you threaten or be verbally or physically offensive towards Freedom or any of its employees.
Freedom may assign this Agreement, in whole or in part, at any time without prior notice to you. Freedom may change this Agreement (including the Fee or to charge an additional fee) and delegate any of its obligations at its sole discretion and without your consent provided Freedom gives you thirty (30) days’ prior written notice of the changes. The changes will become effective thirty (30) days after Freedom sends you the notice. If you do not like the changes, you may cancel this Agreement.
To the fullest extent permitted by applicable law, (1) you agree that Freedom and its parents, successors, affiliates, technicians and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of Freedom shall not be liable to you or anyone else for: (a) any actual losses or direct damages that exceed the amount you paid for the work under this Agreement relating to any repairs performed by Freedom or on behalf of Freedom or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by Freedom or on behalf of Freedom or services provided under this Agreement, regardless of whether such damages were foreseeable and whether or not Freedom or anyone acting on behalf of Freedom have been advised of the possibility of such damages; and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Agreement. You may have other rights that vary from state to state.
YOU AND FREEDOM AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:
A.ANY DISPUTE THAT ARISES OUT OF OR RELATES TO THIS AGREEMENT OR FROM ANY OTHER AGREEMENT BETWEEN US, OR SERVICES OR BENEFITS YOU RECEIVE OR CLAIM TO BE OWED FROM FREEDOM, WILL BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS. This arbitration agreement applies to disputes no matter when they arose, including claims that arose before you and Freedom entered into this Agreement. This arbitration agreement also applies to disputes involving the officers, directors, managers, employees, agents, affiliates, insurers, technicians, successors or assigns of Freedom. In addition, this arbitration agreement covers any claims or causes of action against Freedom that you may assign or subrogate to an insurer. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. The Federal Arbitration Act applies. Unless you and Freedom agree otherwise, any arbitration hearings will take place in the county where your Service Address is located.
B.Any party bringing a claim may choose to bring an individual action in small claims court instead of arbitration, so long as the claim is pursued on an individual rather than a class-wide basis.
C.THIS ARBITRATION AGREEMENT DOES NOT PERMIT CLASS ACTIONS AND CLASS ARBITRATIONS. By entering into this Agreement, all parties are waiving their respective rights to a trial by jury or to participate in a class or representative action. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. You may bring a claim only on your own behalf and cannot seek relief that would affect other parties.
D.Freedom will pay any filing fee, administration, service or case management fee, and arbitrator fee that the AAA charges you for arbitration of the dispute.
E.BY AGREEING TO ARBITRATION, YOU ARE WAIVING YOUR RIGHT TO PROCEED IN COURT.
F.IF FOR ANY REASON A CLAIM OR DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND FREEDOM UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY. This jury trial waiver also applies to claims asserted against any of the officers, directors, managers, employees, agents, affiliates, insurers, technicians, approved technicians, successors or assigns of Freedom.
Worry Free Comfort Systems, Inc. d/b/a Freedom Heating & Cooling, AL #10184