Continuity Resident Retention — Terms of Use

Effective Date: August 8, 2026  ·  Last Updated: August 8, 2026

These Terms of Use ("Terms") govern access to and use of the Continuity Resident Retention program, website pages, reports, communications, and associated services (collectively, the "Retention Services") offered by Eminence Property Services ("Eminence," "we," "us," or "our"). Continuity is a service line of Eminence, delivered under Tier 1 (Foundation), Tier 2 (Connect), or Tier 3 (Full Stack) as selected in a client's service agreement. By engaging Continuity, submitting information through our website, or otherwise using the Retention Services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Retention Services.

Section 1 — Acceptance, Eligibility & Authority

By using the Retention Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have full authority to bind the property management company, ownership group, or organization on whose behalf you are acting; (c) your use of the Retention Services will comply with all applicable federal, state, and local law, including the Fair Housing Act, the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, and applicable Kansas landlord-tenant law; and (d) all information you provide to Eminence is accurate, complete, and current.

These Terms form a legally binding agreement between you and Eminence and apply in addition to, and do not replace, any signed service agreement or statement of work between Client and Eminence governing the specific tier and scope of Retention Services purchased. In the event of a conflict between these Terms and a signed service agreement, the signed service agreement controls as to the matters it expressly addresses.

Section 2 — Description of Services

Continuity provides resident retention outreach across the resident lifecycle, which may include, depending on the tier selected: Move-In Welcome outreach, a 90-Day Check-In, Renewal Outreach, Move-Out Preparation coordination, monthly activity reporting, AI-assisted SMS outreach, review and reputation monitoring across third-party platforms, at-risk resident alerts, renewal campaigns, analytics and segmentation, and quarterly strategy calls. The specific services included depend on the Client's selected tier (Foundation, Connect, or Full Stack) as described at eminenceps.com/resident-retention and confirmed in the applicable service agreement.

Retention Services are delivered by a combination of Eminence personnel and artificial intelligence tools used to draft, but not autonomously send, resident-facing communications, review responses, and reports as described in Section 4 below.

Section 3 — Client Responsibilities & Data Authorization

Critical obligation: By submitting resident names, contact information, or lease data to Eminence, you represent and warrant that your organization has obtained all consents and authorizations required by law to share that information with Eminence for resident retention outreach, including any consent required under the TCPA before SMS outreach is sent to a resident.

You agree to:

• Submit only accurate, current, and complete resident and property information

• Limit submissions to residents of properties under your authorized management

• Maintain and produce upon request records of resident consent to receive SMS or other outreach

• Honor resident opt-out requests immediately and instruct Eminence to remove opted-out residents from outreach lists

• Review AI-assisted communications, review responses, and reports before they are sent or relied upon, where your service tier calls for Client approval

• Notify Eminence promptly of any resident complaint, legal claim, or regulatory inquiry arising from retention outreach

Section 4 — AI-Assisted Content

Continuity uses AI tools (including Anthropic's Claude models) to draft personalized SMS messages, review responses, move-out summaries, and portions of monthly and quarterly reports. AI-generated content is reviewed by Eminence staff, and, depending on your service tier, may also be routed to Client for approval before it reaches a resident. You acknowledge that AI-generated content may contain errors or omissions, that Eminence does not warrant its accuracy, and that Eminence's at-risk scoring and sentiment analysis are based on available signals and do not guarantee identification of every at-risk resident.

Section 5 — Fees, Term & Termination

Fees for Retention Services are billed per unit, per month, at the rate corresponding to the Client's selected tier, as set out in the applicable service agreement or invoice. Fees are due as invoiced and are non-refundable except as expressly stated in a signed service agreement.

Either party may terminate Retention Services in accordance with the notice period stated in the applicable service agreement, or, absent a signed agreement, upon thirty (30) days' written notice. Eminence may suspend or terminate Retention Services immediately upon Client's material breach of these Terms, including submission of falsified resident data or a request to send outreach without required consent. Fees earned through the effective date of termination remain due.

Section 6 — No Guarantee of Results

Eminence does not guarantee any specific renewal rate, occupancy outcome, resident response, review rating, or revenue result from use of the Retention Services. Statistics referenced on eminenceps.com, including national renewal-rate benchmarks and estimated return-on-investment figures, are illustrative and drawn from third-party industry sources; individual community results will vary based on market conditions, property characteristics, and factors outside Eminence's control.

Section 7 — Third-Party Platforms

Review and reputation monitoring depends on the availability, accuracy, and terms of service of third-party platforms including Google, Apartments.com, and Yelp. Eminence does not control and is not responsible for those platforms' availability, content, or policies, and is not liable for any change, removal, or inaccuracy on a third-party platform.

Section 8 — Intellectual Property & Confidentiality

All content, reports, templates, scoring methodology, and materials Eminence provides in connection with the Retention Services are owned by or licensed to Eminence and may not be reproduced, distributed, or used to create derivative works without Eminence's prior written consent. Each party agrees to keep the other's confidential business information, including resident data and pricing, confidential and to use it solely to perform or receive the Retention Services, for three (3) years following termination of the relationship.

Section 9 — Disclaimer of Warranties

THE RETENTION SERVICES, INCLUDING ANY WEBSITE CONTENT, REPORTS, AI-GENERATED MATERIAL, AND ANALYTICS, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE RETENTION SERVICES DO NOT CONSTITUTE LEGAL, TAX, OR COMPLIANCE ADVICE, AND EMINENCE IS NOT A LAW FIRM.

Section 10 — Limitation of Liability

COMPREHENSIVE LIMITATION OF LIABILITY

No consequential damages: IN NO EVENT SHALL EMINENCE, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS (COLLECTIVELY, THE "EMINENCE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE RETENTION SERVICES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST RENT, LOST BUSINESS OPPORTUNITY, LOSS OF DATA, OR REGULATORY FINES, EVEN IF EMINENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Damages limited to services rendered: THE EMINENCE PARTIES' TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE RETENTION SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO EMINENCE FOR THE SPECIFIC RETENTION SERVICES GIVING RISE TO THE CLAIM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION.

Essential basis of the bargain: Client acknowledges that these limitations reflect a reasonable allocation of risk given the fees charged for the Retention Services, and that Eminence would not provide the Retention Services on any other basis.

Section 11 — Hold Harmless & Indemnification

HOLD HARMLESS, INDEMNIFICATION, AND RELEASE

Client's indemnification of Eminence: Client agrees to defend, indemnify, and hold harmless the Eminence Parties from and against any and all claims, damages, losses, liabilities, judgments, fines, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's failure to obtain proper resident consent before outreach is sent; (b) Client's violation of the TCPA, the Fair Housing Act, or any applicable privacy or consumer-protection law; (c) inaccurate or unauthorized resident information submitted by Client; (d) Client's failure to review AI-assisted content before it is sent, where Client approval is part of the applicable tier; or (e) any dispute between Client and a resident or third party arising from outreach conducted on Client's behalf.

Release: To the fullest extent permitted by Kansas law, Client releases the Eminence Parties from claims arising from any dispute between Client and a resident or other third party in connection with the Retention Services, except to the extent caused by Eminence's gross negligence or willful misconduct.

Section 12 — Modifications, Amendments & Client's Duty to Monitor

Client's duty to monitor: Eminence may amend, modify, restate, or supersede these Terms at any time and in its sole discretion by posting the revised Terms at eminenceps.com/resident-retention. By using the Retention Services, Client agrees and affirms that it is bound by these Terms as posted, and by any amendment, modification, or superseding version of these Terms, effective as of the date Eminence posts the revised Terms.

It is Client's sole responsibility to periodically check eminenceps.com for the then-current version of these Terms. Eminence is under no obligation to, and Client should not expect to, receive direct notice of any amendment, modification, or superseding version of these Terms, whether by email, mail, phone, platform notification, or any other means. Client's continued request, scheduling, or use of the Retention Services after a revised version of these Terms is posted constitutes Client's binding acceptance of that revised version, whether or not Client has actually reviewed it. Client's failure to check for updates does not relieve Client of its obligation to comply with the then-current Terms.

Section 13 — Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Retention Services shall be resolved by binding arbitration administered in Johnson County, Kansas, and each party waives any right to a jury trial or to participate in a class action or class-wide arbitration. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction in Johnson County, Kansas, to protect confidential information or intellectual property.

Section 14 — General Provisions

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms, together with any signed service agreement, constitute the entire agreement between Client and Eminence regarding the Retention Services and supersede prior agreements on the subject, subject to Section 12 (Modifications, Amendments & Client's Duty to Monitor). Neither party may assign these Terms without the other's written consent, except Eminence may assign to a successor in connection with a merger, acquisition, or sale of assets. Eminence is not liable for delay or failure to perform caused by events beyond its reasonable control, including natural disaster, telecommunications or utility failure, or third-party platform outage.

Questions About These Terms

Contact us with any questions about the Continuity Resident Retention Terms of Use.

contact@eminenceps.com

(913) 233-9323

7500 West 151st, #23312, Overland Park, KS 66283

Maintenance Services — Terms of Use

Effective Date: August 8, 2026  ·  Last Updated: August 8, 2026, Ed. 1.0

These Terms of Use ("Terms") govern the request, scheduling, and performance of general property maintenance and repair services (the "Maintenance Services") provided by Eminence Property Services ("Eminence," "we," "us," or "our") to property owners, managers, and their authorized agents (collectively, "Client," "you," or "your"). Maintenance Services are limited to handyman-level work as described in Section 2 below. By requesting, scheduling, or accepting performance of any Maintenance Services, you agree to be bound by these Terms. If you do not agree, do not request or accept Maintenance Services from Eminence.

Section 1 — Acceptance, Eligibility & Authority

By requesting or accepting Maintenance Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you own the property or have full authority from the property owner to authorize the work and to permit Eminence and its personnel or subcontractors to access the property; and (c) all information you provide about the property and the requested work is accurate and complete.

These Terms apply in addition to, and do not replace, any signed work order, estimate, or service agreement between Client and Eminence for a specific job. In the event of a conflict between these Terms and a signed work order, the signed work order controls as to the matters it expressly addresses.

Section 2 — Description of Services & Scope Limitation

Scope defines coverage: Eminence's Maintenance Services are limited to general, non-licensed "handyman-level" repair and upkeep work of the kind customarily performed by an apartment community maintenance technician. This scope, and no more, defines the limits of Eminence's general liability and workers' compensation insurance coverage for Maintenance Services. Eminence does not hold itself out, and should not be understood by Client, as a licensed electrical, plumbing, HVAC, or general contracting firm.

Handyman-level Maintenance Services include, without limitation:

• Minor drywall patch, touch-up repair, and interior surface repair

• Door, cabinet, and hardware adjustment, repair, or replacement

• Caulking, weatherstripping, and general sealing

• Faucet, toilet, and fixture repair or replacement not requiring modification of main supply or waste lines

• Light fixture, switch, and outlet cover replacement not requiring new circuit wiring or panel work

• Appliance connection, hookup, and minor appliance repair

• Flooring spot repair and minor carpentry

• Pressure washing, gutter cleaning, and general exterior upkeep

• Other general maintenance tasks that do not require a state or local trade license or building permit

The specific scope of work for any engagement is defined by the applicable estimate or work order, not by general descriptions on the website.

Section 3 — Excluded Work — Licensed Trades

Not covered: Eminence does not perform, and Client shall not request or direct Eminence to perform, work that requires a licensed electrician, licensed plumber, licensed HVAC contractor, or other licensed trade professional under Kansas or local law. Excluded work includes, without limitation: new circuit installation or electrical panel work; gas line installation or repair; sewer or main water line work; HVAC refrigerant handling or compressor replacement; structural repair or alteration; roofing; elevator service; and any work requiring a building permit.

If a maintenance request turns out to require licensed trade work, Eminence will notify Client so that Client may engage a licensed contractor directly, or may authorize Eminence to engage a qualified, licensed subcontractor on Client's behalf and account under a separate written work order.

Scope override: If Client directs Eminence personnel to perform work outside the handyman-level scope described in Section 2 despite Eminence's notice that the work falls outside that scope, Client does so at Client's sole risk. Such work falls outside Eminence's insurance coverage and the workmanship warranty in Section 9, and Client agrees to indemnify Eminence in full for any claim arising from that work under Section 12.

Section 4 — Estimates, Work Orders & Change Orders

Estimates are based on the information and site conditions known to Eminence at the time the estimate is prepared and are subject to change if actual conditions differ materially, including conditions concealed or not reasonably discoverable at the time of estimate. Additional work outside the original scope requires a change order, which may be authorized verbally and confirmed in writing or electronically, and which Client agrees to pay in accordance with Eminence's then-current rates.

Section 5 — Site Access & Client Cooperation

Client agrees to provide safe, timely access to the property or unit for the scheduled work, to disclose known hazards (including but not limited to mold, asbestos, lead paint, pest infestation, structural defects, or unsafe electrical conditions), and to remove or secure personal property, valuables, and pets from the work area before the scheduled start time. Eminence is not responsible for damage to items left in the work area that were not disclosed or secured, or for delay caused by Client's failure to provide access.

Section 6 — Subcontractors

Eminence performs handyman-level Maintenance Services primarily through its own personnel. For work referred out under Section 3 (Excluded Work — Licensed Trades), Eminence may, at Client's authorization, engage qualified, licensed, and insured third-party subcontractors under a separate written work order. Eminence remains responsible for coordinating any subcontracted work performed on its behalf, but subcontractors act as independent contractors and not as employees or agents of Client or of Eminence.

Client's authorization of a licensed subcontractor under Section 3 does not expand the handyman-level scope described in Section 2, and does not bring subcontracted licensed-trade work within Eminence's insurance coverage described in Section 10. Client is responsible for confirming a subcontractor's own licensing and insurance before authorizing licensed-trade work, and Eminence will provide the subcontractor's certificate of insurance and license information to Client upon request.

Section 7 — Fees, Invoicing & Payment

Fees for Maintenance Services are as stated in the applicable estimate, work order, or Eminence's then-current rate schedule at eminenceps.com/pricing. Invoices are due upon the terms stated on the invoice; unpaid balances may accrue late charges as permitted by Kansas law and may result in suspension of further scheduled work until the account is brought current.

Section 8 — Pre-Existing Conditions & Property Disclosures

Client is responsible for disclosing known pre-existing damage, defects, prior repairs, or hazardous conditions at the property before work begins. Eminence is not responsible for the discovery, worsening, or exposure of pre-existing conditions, latent defects, or normal wear and tear that were not disclosed and were not reasonably discoverable during the ordinary performance of handyman-level work.

Section 9 — Warranty & Disclaimer

Eminence warrants that Maintenance Services performed within the scope defined in Section 2 will be performed in a workmanlike manner consistent with generally accepted handyman-level practices in the Kansas City metropolitan area. Except for this express workmanship warranty, and any manufacturer's warranty on materials or parts passed through to Client, MAINTENANCE SERVICES ARE PROVIDED WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Any claim under the workmanship warranty must be reported to Eminence in writing within thirty (30) days of completion of the applicable work. Work performed outside the handyman-level scope under Section 3's "scope override" is not covered by this warranty.

Section 10 — Insurance

Eminence maintains commercial general liability and workers' compensation insurance covering Maintenance Services performed within the handyman-level scope described in Section 2, and will provide a certificate of insurance to Client upon reasonable request. This coverage does not extend to licensed-trade work excluded under Section 3 or performed under a Section 3 scope override. Client is responsible for maintaining its own property and liability insurance covering the property on which Maintenance Services are performed.

Section 11 — Limitation of Liability

COMPREHENSIVE LIMITATION OF LIABILITY

No consequential damages: IN NO EVENT SHALL EMINENCE, ITS OWNERS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS (COLLECTIVELY, THE "EMINENCE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE MAINTENANCE SERVICES, INCLUDING WITHOUT LIMITATION LOST RENT, LOST PROFITS, LOSS OF USE, OR DELAY-RELATED DAMAGES, EVEN IF EMINENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Damages limited to services rendered: THE EMINENCE PARTIES' TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO A GIVEN WORK ORDER OR ENGAGEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO EMINENCE FOR THE SPECIFIC MAINTENANCE SERVICES GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO CLIENT, EXCEPT WHERE KANSAS LAW DOES NOT PERMIT SUCH A LIMITATION.

Scope is the boundary of liability: The limitations in this section apply to Maintenance Services performed within the handyman-level scope described in Section 2. Client acknowledges that this scope limitation, and the fees charged for handyman-level work, are what make Eminence's insurance coverage and this liability cap available in the first place, and that Eminence would not perform Maintenance Services on any other basis. Nothing in this section limits Eminence's liability for death or bodily injury caused by Eminence's negligence, or for liability that cannot be limited or excluded under Kansas law.

Section 12 — Hold Harmless & Indemnification

HOLD HARMLESS, INDEMNIFICATION, AND RELEASE

Client's indemnification of Eminence: Client agrees to defend, indemnify, and hold harmless the Eminence Parties from and against any and all claims, damages, losses, liabilities, judgments, fines, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's failure to disclose known hazardous, defective, or pre-existing conditions at the property; (b) Client's failure to secure the work area or remove personal property or valuables as required under Section 5; (c) Client's lack of authority to permit the work; (d) any request or direction by Client that Eminence perform work outside the handyman-level scope, whether or not Eminence complied with that direction; (e) claims by residents, tenants, or third parties arising from Client's scheduling or notice failures rather than Eminence's performance of the work; or (f) Client's breach of these Terms or the applicable work order.

Eminence's indemnification of Client: Eminence agrees to defend, indemnify, and hold harmless Client from third-party claims for bodily injury or property damage to the extent directly caused by the negligence or willful misconduct of Eminence personnel in performing Maintenance Services within the handyman-level scope, subject to the Limitation of Liability in Section 11.

Release: To the fullest extent permitted by Kansas law, Client releases the Eminence Parties from claims arising from pre-existing property conditions, ordinary wear and tear, or events outside Eminence's reasonable control, except to the extent caused by Eminence's gross negligence or willful misconduct.

Section 13 — Cancellation, Rescheduling & Delay

Client may cancel or reschedule a work order in accordance with the notice period stated on the applicable estimate or work order. Eminence is not liable for delay caused by weather, supply or material shortages, subcontractor availability, denied site access, or other events beyond its reasonable control, and will make commercially reasonable efforts to notify Client of any expected delay and to reschedule promptly.

Section 14 — Modifications, Amendments & Client's Duty to Monitor

Client's duty to monitor: Eminence may amend, modify, restate, or supersede these Terms at any time and in its sole discretion by posting the revised Terms at eminenceps.com/property-services. By requesting, scheduling, or accepting Maintenance Services, Client agrees and affirms that it is bound by these Terms as posted, and by any amendment, modification, or superseding version of these Terms, effective as of the date Eminence posts the revised Terms.

It is Client's sole responsibility to periodically check eminenceps.com for the then-current version of these Terms. Eminence is under no obligation to, and Client should not expect to, receive direct notice of any amendment, modification, or superseding version of these Terms, whether by email, mail, phone, or any other means. Client's continued request, scheduling, or acceptance of Maintenance Services after a revised version of these Terms is posted constitutes Client's binding acceptance of that revised version, whether or not Client has actually reviewed it. Client's failure to check for updates does not relieve Client of its obligation to comply with the then-current Terms.

Section 15 — Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Maintenance Services shall be resolved by binding arbitration administered in Johnson County, Kansas, and each party waives any right to a jury trial or to participate in a class action or class-wide arbitration. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction in Johnson County, Kansas, or from pursuing a mechanic's lien or other statutory remedy available under Kansas law.

Section 16 — General Provisions

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the applicable estimate or work order, constitute the entire agreement between Client and Eminence regarding the Maintenance Services and supersede prior agreements on the subject, subject to Section 14 (Modifications, Amendments & Client's Duty to Monitor). Neither party may assign these Terms without the other's written consent, except Eminence may assign to a successor in connection with a merger, acquisition, or sale of assets.

Questions About These Terms

Contact us with any questions about the Maintenance Services Terms of Use.

contact@eminenceps.com

(913) 233-9323

7500 West 151st, #23312, Overland Park, KS 66283

Turnover Services — Terms of Use

Effective Date: August 8, 2026  ·  Last Updated: August 8, 2026, Ed. 1.0

These Terms of Use ("Terms") govern the request, scheduling, and performance of painting, carpet cleaning, and make-ready cleaning services (collectively, the "Turnover Services") provided by Eminence Property Services ("Eminence," "we," "us," or "our") to property owners, managers, and their authorized agents (collectively, "Client," "you," or "your") in connection with unit turnover between residents. By requesting, scheduling, or accepting performance of any Turnover Services, you agree to be bound by these Terms. If you do not agree, do not request or accept Turnover Services from Eminence.

Section 1 — Acceptance, Eligibility & Authority

By requesting or accepting Turnover Services, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you own the property or have full authority from the property owner to authorize the work and to permit Eminence and its personnel or subcontractors to access the unit; and (c) all information you provide about the unit and the scope of work is accurate and complete.

These Terms apply in addition to, and do not replace, any signed work order, estimate, or service agreement between Client and Eminence for a specific turn. In the event of a conflict between these Terms and a signed work order, the signed work order controls as to the matters it expressly addresses.

Section 2 — Description of Services

Eminence provides painting, carpet cleaning, and make-ready cleaning services as described at eminenceps.com/property-services, performed by Eminence personnel and, where indicated, qualified third-party subcontractors, typically in connection with preparing a vacated unit for a new resident. The specific scope of work for any engagement, including surfaces to be painted, carpet areas to be cleaned, and cleaning checklist items, is defined by the applicable estimate or work order, not by general descriptions on the website.

Section 3 — Estimates, Work Orders & Change Orders

Estimates are based on the unit condition and information known to Eminence at the time the estimate is prepared and are subject to change if actual conditions differ materially, including conditions concealed by furnishings or personal property at the time of estimate. Additional work outside the original scope requires a change order, which may be authorized verbally and confirmed in writing or electronically, and which Client agrees to pay in accordance with Eminence's then-current rates.

Section 4 — Site Access & Turn Timeline

Client agrees to provide the unit vacant, or with any remaining resident belongings clearly identified and set aside, and to provide safe, timely access for the scheduled work. Because Turnover Services are typically scheduled on a tight unit-turn timeline, Client agrees to notify Eminence promptly of any change to the vacate date or unit condition. Eminence is not responsible for delay caused by a unit not being vacant or accessible as scheduled, or for damage to belongings left in the unit that were not disclosed as remaining.

Section 5 — Subcontractors

Eminence may perform Turnover Services directly or through qualified, insured third-party subcontractors. Eminence remains responsible for coordinating subcontracted work performed on its behalf, but subcontractors act as independent contractors and not as employees or agents of Client.

Section 6 — Fees, Invoicing & Payment

Fees for Turnover Services are as stated in the applicable estimate, work order, or Eminence's then-current rate schedule at eminenceps.com/pricing. Invoices are due upon the terms stated on the invoice; unpaid balances may accrue late charges as permitted by Kansas law and may result in suspension of further scheduled work until the account is brought current.

Section 7 — Pre-Existing Conditions & Property Disclosures

Client is responsible for disclosing known pre-existing damage, prior paint or flooring issues, or hazardous conditions in the unit before work begins. Eminence is not responsible for the discovery, worsening, or exposure of pre-existing conditions, latent defects (such as subfloor damage discovered under carpet), or normal wear and tear that were not disclosed and were not reasonably discoverable during the ordinary performance of Turnover Services.

Section 8 — Warranty & Disclaimer

Eminence warrants that Turnover Services will be performed in a workmanlike manner consistent with generally accepted industry practices in the Kansas City metropolitan area. Except for this express workmanship warranty, and any manufacturer's warranty on paint, cleaning products, or other materials passed through to Client, TURNOVER SERVICES ARE PROVIDED WITHOUT ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Eminence does not warrant removal of stains, odors, or damage that professional carpet cleaning or make-ready cleaning cannot reasonably be expected to remove. Any claim under the workmanship warranty must be reported to Eminence in writing within thirty (30) days of completion of the applicable work.

Section 9 — Insurance

Eminence maintains commercial general liability insurance covering its Turnover Services in amounts it determines appropriate for its operations and will provide a certificate of insurance to Client upon reasonable request. Client is responsible for maintaining its own property and liability insurance covering the property on which Turnover Services are performed.

Section 10 — Limitation of Liability

COMPREHENSIVE LIMITATION OF LIABILITY

No consequential damages: IN NO EVENT SHALL EMINENCE, ITS OWNERS, OFFICERS, EMPLOYEES, SUBCONTRACTORS, OR AGENTS (COLLECTIVELY, THE "EMINENCE PARTIES") BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE TURNOVER SERVICES, INCLUDING WITHOUT LIMITATION LOST RENT, LOST PROFITS, LOSS OF USE, OR DELAY IN RE-LEASING A UNIT, EVEN IF EMINENCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Damages limited to services rendered: THE EMINENCE PARTIES' TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO A GIVEN WORK ORDER OR ENGAGEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY CLIENT TO EMINENCE FOR THE SPECIFIC TURNOVER SERVICES GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO CLIENT, EXCEPT WHERE KANSAS LAW DOES NOT PERMIT SUCH A LIMITATION.

Essential basis of the bargain: Client acknowledges that these limitations reflect a reasonable allocation of risk given the fees charged for the Turnover Services, and that Eminence would not perform the Turnover Services on any other basis. Nothing in this section limits Eminence's liability for death or bodily injury caused by Eminence's negligence, or for liability that cannot be limited or excluded under Kansas law.

Section 11 — Hold Harmless & Indemnification

HOLD HARMLESS, INDEMNIFICATION, AND RELEASE

Client's indemnification of Eminence: Client agrees to defend, indemnify, and hold harmless the Eminence Parties from and against any and all claims, damages, losses, liabilities, judgments, fines, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client's failure to disclose known hazardous, defective, or pre-existing conditions in the unit; (b) Client's failure to provide a vacant, accessible unit as scheduled or to identify remaining belongings under Section 4; (c) Client's lack of authority to permit the work; (d) claims by a former or incoming resident arising from Client's turn scheduling rather than Eminence's performance of the work; or (e) Client's breach of these Terms or the applicable work order.

Eminence's indemnification of Client: Eminence agrees to defend, indemnify, and hold harmless Client from third-party claims for bodily injury or property damage to the extent directly caused by the negligence or willful misconduct of Eminence personnel in performing the Turnover Services, subject to the Limitation of Liability in Section 10.

Release: To the fullest extent permitted by Kansas law, Client releases the Eminence Parties from claims arising from pre-existing unit conditions, ordinary wear and tear, or events outside Eminence's reasonable control, except to the extent caused by Eminence's gross negligence or willful misconduct.

Section 12 — Cancellation, Rescheduling & Delay

Client may cancel or reschedule a work order in accordance with the notice period stated on the applicable estimate or work order. Eminence is not liable for delay caused by weather, supply or material shortages, subcontractor availability, a unit not being vacant as scheduled, or other events beyond its reasonable control, and will make commercially reasonable efforts to notify Client of any expected delay and to reschedule promptly given the tight timelines typical of unit turns.

Section 13 — Modifications, Amendments & Client's Duty to Monitor

Client's duty to monitor: Eminence may amend, modify, restate, or supersede these Terms at any time and in its sole discretion by posting the revised Terms at eminenceps.com/property-services. By requesting, scheduling, or accepting Turnover Services, Client agrees and affirms that it is bound by these Terms as posted, and by any amendment, modification, or superseding version of these Terms, effective as of the date Eminence posts the revised Terms.

It is Client's sole responsibility to periodically check eminenceps.com for the then-current version of these Terms. Eminence is under no obligation to, and Client should not expect to, receive direct notice of any amendment, modification, or superseding version of these Terms, whether by email, mail, phone, or any other means. Client's continued request, scheduling, or acceptance of Turnover Services after a revised version of these Terms is posted constitutes Client's binding acceptance of that revised version, whether or not Client has actually reviewed it. Client's failure to check for updates does not relieve Client of its obligation to comply with the then-current Terms.

Section 14 — Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Kansas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the Turnover Services shall be resolved by binding arbitration administered in Johnson County, Kansas, and each party waives any right to a jury trial or to participate in a class action or class-wide arbitration. Nothing in this section prevents either party from seeking injunctive relief in a court of competent jurisdiction in Johnson County, Kansas, or from pursuing a mechanic's lien or other statutory remedy available under Kansas law.

Section 15 — General Provisions

If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect. These Terms, together with the applicable estimate or work order, constitute the entire agreement between Client and Eminence regarding the Turnover Services and supersede prior agreements on the subject, subject to Section 13 (Modifications, Amendments & Client's Duty to Monitor). Neither party may assign these Terms without the other's written consent, except Eminence may assign to a successor in connection with a merger, acquisition, or sale of assets.

Questions About These Terms

Contact us with any questions about the Turnover Services Terms of Use.

contact@eminenceps.com

(913) 233-9323

7500 West 151st, #23312, Overland Park, KS 66283

Eminence Property Services · Overland Park, Kansas · These documents do not constitute legal advice. Eminence recommends review by a licensed Kansas attorney before publication, particularly the liability caps and arbitration clauses, which are subject to state-specific enforceability requirements.