Family Movers Pro 

TERMS OF SERVICE

1.0 PROPERTY DAMAGES; DAMAGE PROTECTION POLICY

While Family Movers Pro strives to connect you with high-quality Moving Providers, it makes no representations or warranties regarding the quality of the Services you may receive. Family Movers Pro cannot guarantee that any Movers will avoid damaging or losing your property. Family Movers Pro is not responsible for any property damages resulting from the performance of the Services by Third-Party Providers.

Despite this, and subject to certain limitations and exclusions outlined herein, Family Movers Pro offers voluntary damage protection if you file a claim promptly (the “Damage Protection Policy”). Family Movers Pro will not provide any other property damage protection beyond what is stated below. By placing an order with Family Movers Pro, you understand and agree that you are not entitled to recover from Family Movers Pro for any damages to your property. PLEASE READ THE FOLLOWING SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS. If you do not agree to Family Movers Pro’s Damage Protection Policy or need additional protection for your personal or real property, you should not place an order with Family Movers Pro or should obtain additional insurance protection from a third-party insurance carrier before the Services are performed.

Note that you cannot obtain coverage under the Damage Protection Policy and seek damages from a Third-Party Provider or any insurance policy covering such Third-Party Providers. By choosing to pursue a claim under the Damage Protection Policy, you waive and release Third-Party Providers from any liability for damages resulting from their performance of the Services. You agree that the maximum liability for damages to your personal or real property shall be as set forth herein.

Additionally, to access and use Third-Party Providers on the Family Movers Pro Platforms, you agree that no Third-Party Provider shall be liable to you for damages exceeding those to which you would be entitled under the Damage Protection Policy unless otherwise provided herein or in a separate written agreement between you and the Third-Party Provider. This means that, in the absence of a separate written agreement, if you choose to pursue a claim against any Third-Party Provider instead of filing a claim with Family Movers Pro, your claim with such Third-Party Provider shall be governed by the same terms, conditions, limitations, and waivers as set forth below. It is expressly acknowledged and agreed that Third-Party Providers are intended beneficiaries of the provisions of Section 8 (and each of its subparts 8.1 through 8.6) of these Terms. Nevertheless, the Recovery Rate and the $2,000 limitation on liability shall not apply to a claim by you against a Driver for damages caused to your personal property as a result of a motor vehicle accident, provided that such damages shall not exceed the limits of any applicable cargo or contingent cargo insurance policy. These limitations, however, shall apply to any such claim by you against Family Movers Pro or its subsidiaries and affiliates.

1.1 Damages to Personal Property Caused by Third-Party Providers

If a Third-Party Provider arranged by Family Movers Pro to offer moving services damages or loses your personal property, Family Movers Pro will assume liability for the damaged personal property items at a rate of sixty cents per pound ($.60/lb.) per item damaged (the “Recovery Rate”). However, Family Movers Pro’s maximum liability per shipment or order shall not exceed $2,000.

For clarity, Family Movers Pro will not assume any liability for damages during transit if you have ordered only moving services. In addition, if you have ordered only moving services, Family Movers Pro’s maximum liability for such an order shall be reduced and shall not exceed $1,000 per order.

By way of illustration, if you have ordered both transportation and moving services and a 75-pound headboard is significantly scratched during shipment, Family Movers Pro will assume liability for a total of $45.00 (75 pounds multiplied by 60 cents) if you file a claim for damages with Family Movers Pro. Similarly, if you have ordered both transportation and moving services and a 100-pound mirror is shattered during shipment, Family Movers Pro will assume liability for a total of $60 (100 pounds multiplied by 60 cents) if you file a timely claim for damages. However, Family Movers Pro's total liability for the entire shipment or order will not exceed $2,000.

On the other hand, if you order only moving services to assist in packing a container for shipment by a third-party transportation company, and the same mirror is shattered during shipment, Family Movers Pro will not assume any liability for the broken mirror. However, if a Mover drops the same mirror while moving it into the container for shipment, and the mirror is damaged, Family Movers Pro will assume liability for a total of $60 (100 pounds multiplied by 60 cents) if you provide evidence, in Family Movers Pro’s sole discretion, that the damages occurred before shipment and file a claim for damages with Family Movers Pro under the provisions below. In no event, however, will Family Movers Pro’s total liability exceed $1,000 for the moving services order. Additionally, if you order only transportation services and pack and load a 100-pound mirror into the vehicle provided by a Third-Party Provider, and the mirror is broken during shipment, Family Movers Pro will not assume any liability for such damages. You acknowledge and understand that, if you order only transportation services, you are responsible for ensuring that your property is properly loaded, unloaded, secured, and protected for shipment. In the event of any property damage due to a motor vehicle accident or other negligence by any motor carrier or driver, your sole remedy shall be to pursue a claim with such motor carrier or driver.

For purposes of determining the weight of a particular item qualifying for protection under the Damage Protection Policy, each shipping piece or package and its contents shall constitute one item. Also, the parts of any single item disassembled for handling, loading, and/or transporting such item shall constitute one item.

If you have personal property that significantly exceeds the Recovery Rate (e.g., an item valued at $5,000 that weighs only 50 pounds would be worth

$100 per pound in contrast to the maximum Recovery Rate of $.60 per pound) or if you have ordered only moving services that will not qualify for the Damage Protection Policy for damages during transit, Family Movers Pro strongly advises taking extra precautions to ensure the safety and security of your items. This may include wrapping and protecting the items with your materials before handling by a Mover, ordering or providing extra padding and other packing materials for the Movers to use to secure and protect the item, directing the Movers to take extra precautions with your items, moving or transporting the items yourself, and/or purchasing third-party insurance for such items. Personal property that may significantly exceed the Recovery Rate includes, for example, but not limited to, jewelry, silverware, china, furs, antiques, oriental rugs, computer software, paintings, statues, fine art, custom furniture, and electronics devices.

By receiving and accepting the Services, you expressly acknowledge and understand that you shall not be entitled to any other damages to your personal property, whether to high-priced items, items of sentimental value, or otherwise, other than as set forth herein or in a separate signed writing between you and a Third-Party Provider, regardless of whether such damages are negligently or intentionally caused by any Mover or Driver (if applicable).

1.2 Damages To Real and Certain Other Related Property Caused By Movers

If a Movers (whether a Mover or Driver) causes damage to your real property while performing the Services and you timely file a claim for damages, Family Movers Pro will only assume the following liability for damages, provided that all your damages, whether to real or personal property shall be subject to the maximum total per order limitations described above ($1,000 for Movers Only Help / Mover Services and $2,000 for Truck and Movers / Transportation and Mover Services):

Damages to Wood Floors

If wood floors are damaged, Family Movers Pro will only repair or replace the local area damaged. Family Movers Pro will not resurface or refinish the entire floor and does not guarantee an exact match with any original pre-service finish. In addition, Family Movers Pro will only offer a reasonable market rate, at its sole discretion, for the repair of the local area damaged. Notwithstanding the foregoing, Family Movers Pro will not pay for any minor nicks scratches, or dents to wood flooring that, in Family Movers Pro’s sole discretion, may be expected as part of completion of the Services. You should cover your wood flooring with protective materials, including, but not limited to, ram board or other floor protection rolls, doormats, cardboard, rugs, or runners, before receiving any Services. You should also ensure that any furniture that you need to be moved is placed on sliders or that sliders are made available to the Movers. In addition, if you do not have any covering for your wood flooring, you should not permit the Movers to use any dollies or other hand trucks, which may be more likely to cause damage to your wood floors.

Damages to Handrails, Walls, Doors, and Drywall

Family Movers Pro will not be liable for what Family Movers Pro, in its sole discretion, determines are minor nicks, scratches, or scuffs to the real property, including, but not limited to, any paint damage, that you may incur as a result of the Movers’ performance of the Services. Family Movers Pro may, but shall not be required to, assume liability for what Family Movers Pro determines, in its sole discretion, constitutes significant damage to handrails, walls, doors, and/or drywall. In such case, Family Movers Pro will, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed before your receipt of the Services or (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by Family Movers Pro in its sole discretion.

Damages to Mailboxes

If a Family Movers Pro Movers damages your mailbox while performing the Services, Family Movers Pro will offer to, at its option, either (i) repair the damage to the extent necessary to restore it to the same condition in which it existed before your receipt of the Services, (ii) pay you for the cost of such repairs based on a reasonable market rate for such services, as determined by Family Movers Pro in its sole discretion, (iii) replace the damaged mailbox with one of like kind and quality, or (iv) pay you for the cost of a replacement.

Family Movers Pro will not be liable for any other damages to your real property, including, but not limited to, any damages to lawns, landscaping, sprinklers, sidewalks, or driveways (including, without limitation, any cosmetic damage to driveways or other concrete or paved areas). You should not allow any transportation or other vehicles to park on your driveway or sidewalks if they are not capable of supporting such vehicles or if you are concerned that they may damage your driveway, sidewalks, or lawn. You should notify Family Movers Pro before any Movers arrive to perform the Services so that they may make arrangements to park on a street or other designated area.

1.3 Filing Claims for Damages

If you've incurred damages to your personal or real property due to the Services provided by a Third-Party Provider, follow these steps for filing a claim within five (5) business days after receiving the Services, unless an Extended Claim Period is specified in a separate agreement or Appendix A. Failure to file within this Claim Limitations Period may result in a bar to any claim against Family Movers Pro or its subsidiaries/affiliates for property damages.

Contact the Family Movers Pro Quality Team at the Claim Center to initiate your claim. Reach out via email at claims@familymoverspro.com or by calling 317-643-2800. The Family Movers Pro Quality Team will provide a damage claim form for completion, along with all necessary documentation, within the Claim Limitations Period.

Ensure your claim includes relevant details such as the confirmation number, move date, delivery receipts, documentation of the damage amount, and photos of the damage. Claims should cover all damages related to the original order; additional claims submitted after the original claim will not be accepted.

Cooperate with Family Movers Pro in the claim investigation, providing the necessary evidence. Failure to cooperate may result in claim denial. Claims should be resolved within thirty (30) days of the Services, and you'll receive a claim settlement offer. Respond within thirty (30) days of receiving the offer. Failure to respond results in a claim denial and you forfeit any damages under the Damage Protection Policy.

1.4 Specific Exclusions from the Damage Protection Policy; Additional Limitations of Liability

Family Movers Pro and its entities, employees, contractors, and agents are not liable for:

Pre-Existing Damages: Disclose pre-existing damages, and Family Movers Pro may declare the damage as pre-existing based on its investigation.

Minor Damages: No payment for minor dents, nicks, or scratches typical of any move.

Particleboard Furniture: No liability for damage to particleboard, chip-core, or pressboard furniture.

Natural Materials: No liability for damage to items made exclusively of natural materials (marble, slate, stone).

Completed Repairs: No payment for damages repaired or replaced without Family Movers Pro's written consent.

Certain Electronics and Appliances: Not liable for electronics or appliance failures post-shipment.

Oversized and Extremely Heavy Items: No liability for damages to items exceeding 300 pounds or exceeding clearance.

Non-Inventoried Items: Family Movers Pro is not liable for un-inventoried lost or stolen items.

Reassembled Items: No liability for damages due to reassembled items.

Installations: No liability for damages due to installations/uninstallations not arranged by Family Movers Pro.

Prohibited Items: Not liable for damages to prohibited items, e.g., hazardous materials.

Evictions: No protection if an order is completed during an eviction.

Fraudulent Misrepresentations of Weight: No payment based on inaccurate weight representations.

Packing by You or Your Agents: Not liable for damages to items packed by you or your agents.

Exclusions for Packing Services: No liability for damages reported post-service, during transit, unpacking, or due to handling by unauthorized parties.

Items of Extraordinary Value and Certain Other Valuable Items: No protection for undisclosed high-value items.

Tasks Performed at Your Request: No liability for damages due to Movers following your directions.

Consequential or Incidental Damages: Not liable for consequential or incidental damages resulting from service failure.

Acts of God and Other Similar Circumstances: No liability for damages caused by uncontrollable events.

1.5 Personal Injuries;

Participation by You in Moving For your safety, you are asked not to participate in any loading, unloading, or moving of property or in any other Services. To the extent that you or your agents or family members choose to do so, you acknowledge and agree to indemnify, defend, and hold Family Movers Pro and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from any expenses, losses, costs, (including reasonable attorneys’ fees and costs), judgments, settlements, damages, awards, interests, fines, and liabilities of whatever kind that Family Movers Pro and/or its subsidiaries or affiliates, or each of the foregoing entities’ employees, contractors, or agents, may incur as a result of, arising out of, or about you or your agents or family members’ decision to do so. Notwithstanding the foregoing, if you order transportation services only, you may be provided access to certain moving equipment, including, but not limited to, hand trucks, appliance dollies, moving pads, ratchet straps, etc. (collectively, the “Moving Equipment”). YOU ACKNOWLEDGE AND UNDERSTAND THAT NEITHER FAMILY MOVERS PRO NOR ANY OF ITS SUBSIDIARIES OR AFFILIATES MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OF THE MOVING EQUIPMENT OR ITS FITNESS FOR ANY PARTICULAR PURPOSE. THERE IS NO WARRANTY THAT THE MOVING EQUIPMENT IS, OR WILL BE, SUITED FOR YOUR INTENDED USE OR THAT IT IS FREE FROM DEFECTS. You assume all risks inherent in the operation and use of the Moving Equipment and will take all necessary precautions to protect all persons and property from injury or damage while in possession of the Moving Equipment. Neither Family Movers Pro nor any of its subsidiaries or affiliates shall be responsible to you or any other party, including any of your agents, for any loss, damage, or injury (including, but not limited to, any personal injury (including death), loss of profits, business interruption, or other special or consequential damages) caused by, resulting from, or in any way connected with the Moving Equipment or its operation or use, or any defect with respect thereto. You agree to defend, indemnify, and hold Family Movers Pro and its subsidiaries and affiliates, and each of the foregoing entities’ employees, contractors, and agents, harmless from and against any liability, claims, and damages of any kind (including attorneys’ fees) for injuries or death to persons and damage to property arising out of the use, maintenance, instruction, operation, possession, or rental of the Moving Equipment by you or any other third party not authorized by Family Movers Pro, however caused. You agree to inspect each piece of Moving Equipment before its use to ensure that such Moving Equipment is in good working order and repair and to notify Family Movers Pro and the Driver providing the Moving Equipment immediately if any piece of the Moving Equipment is damaged, unusable, or unsafe to use. If any Moving Equipment is damaged, unusable, or unsafe, Family Movers Pro will arrange for a replacement piece of Moving Equipment to be provided if available. You acknowledge and agree that your sole remedy for any failure or defect in the Moving Equipment shall be termination of any rental charges accruing after the time of failure. All Moving Equipment must be returned to the truck or other motor vehicle (arranged by Family Movers Pro in connection with your request for transportation services) before the Driver departs from your shipment origin and destination. You agree to reimburse Family Movers Pro or its Third Party Providers for any Moving Equipment that is not returned.

1.6 Disputed Claims

If you dispute the handling of your claim for damages, including, but not limited to, any proposed claim settlement, you acknowledge and understand that your disputed claim is governed by the alternate dispute resolution and arbitration provision contained in Section 10 (and its subparts) below and that

you must abide by the procedures discussed therein. If you desire to file an arbitration claim under Section 10 (and its subparts), or otherwise contest the validity of the arbitration provision, you must commence such claim within eighteen (18) months of the filing of your initial claim.

2.0 DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY

2.1. Disclaimer

The Family Movers Pro platforms and the services provided through them are offered "as is" and "as available." Family Movers Pro explicitly disclaims all representations and warranties, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Additionally, Family Movers Pro makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of any services ordered through the Family Movers Pro platforms. There is no assurance that the services will be uninterrupted or error-free or meet your requirements or expectations.

By ordering and/or receiving the services, you acknowledge the potential exposure to situations involving third-party providers that may be unsafe, offensive, harmful, or objectionable. Your use of third-party providers through the Family Movers Pro platforms is at your own risk. Family Movers Pro bears no responsibility or liability for any services provided by third-party providers. It is emphasized that Family Movers Pro is not an employer of any third-party provider, and third-party providers may not be professionally licensed or permitted. The entire risk arising from your receipt of the services remains solely with you, to the maximum extent permitted by applicable law.

This disclaimer does not affect your rights as a consumer to the extent not permitted under the law in your place of residence.

2.2. Limitation of Liability

Except as expressly outlined in Section 8 (and its respective subparts 8.1 through 8.6), Family Movers Pro, its subsidiaries, affiliates, and their respective agents, employees, and contractors have no liability under the terms of this agreement. The maximum liability per order is expressly capped at $1,000 for requests for only lumper services or $2,000 for requests for lumper and transportation services. In no event will Family Movers Pro, its subsidiaries, affiliates, and their respective agents, employees, and contractors' liability for any damage to your personal or real property exceed these limitations for one order.

Additionally, Family Movers Pro, its subsidiaries, affiliates, and their respective agents, employees, and contractors shall not be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages. These include but are not limited to lost profits, lost revenue, loss of business, goodwill, cost of procurement of substitute goods or services, lost data, personal injury (including death), or other intangible losses arising out of or related to these terms, the Family Movers Pro platforms, your order for services, and/or the services performed by third-party providers. This limitation applies regardless of the theory of liability (contract, warranty, tort, including negligence, whether active, passive, or imputed, product liability, strict liability, or any other legal theory) and even if Family Movers Pro has been advised of the possibility of such damages.

Some states may not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you. For any loss or damage not excluded under these terms, the total liability for such losses shall not exceed the amount paid by you for any services.

2.3 IndemnBy agreeing to these terms, you commit to indemnifying, defending, and protecting Family Movers Pro, its subsidiaries, and affiliates, along with their officers, directors, employees, agents, and contractors from any claims, demands, fines, judgments, penalties, damages, losses, liabilities, and expenses (including attorneys’ fees). This includes situations where:

1. You violate any third-party rights, such as privacy, publicity, or intellectual property rights (including any User Content submitted by you).

2. Your use of the Family Movers Pro Platforms or Services is wrongful or improper.

3. Any actual or alleged breach of the Terms, or your representations, warranties, and obligations as outlined in these Terms.

4. You violate the rights of another user, Third Party Provider, or any other third party.

5. You breach any law, rule, or regulation of the United States or any other country.

6. Your negligence or willful misconduct, including negligence or willful misconduct in packing personal property for shipment or relocation by a Third Party Provider.

This indemnification obligation and any other indemnification obligations specified in these Terms will persist even after the termination of these Terms and/or your use of the Family Movers Pro Platforms.

3.0 DISPUTE RESOLUTION

3.1 Informal Dispute Resolution

Before pursuing any other remedy, including arbitration, you agree to make a good-faith effort for sixty (60) days (the “Informal Dispute Resolution Period”) to negotiate a resolution for any dispute, claim, or controversy. This includes disputes against Family Movers Pro, Third Party Providers, or any arising from or related to these Terms, your use of the Family Movers Pro Platforms, or the Services.

The Informal Dispute Resolution Period starts on the first day you submit written notice of your dispute(s) to Family Movers Pro.

3.2 Arbitration

If disputes are not resolved during the Informal Dispute Resolution Period, you agree to settle them through final and binding arbitration between you and Family Movers Pro. However, both parties retain the right to seek injunctive or other equitable relief in a court to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights.

You acknowledge the waiver of the right to a trial by jury and to participate in class actions or representative proceedings unless agreed otherwise in writing. If this paragraph is unenforceable, Sections 10.2 through 10.7 are void and severable. Section 10, including its subparts, survives termination.

3.3 Arbitration Rules and Governing Law

Unless agreed otherwise, arbitration follows the AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration is governed by the Federal Arbitration Act or, if it doesn't apply, the laws of Indiana.

34 Arbitration Process

To initiate arbitration, a party must provide a written Demand for Arbitration. The Demand includes identification of parties, legal and factual basis, the remedy sought and must be served to Family Movers Pro Legal Department.

3.5 Arbitration Location and Procedure

Arbitration occurs in Indianapolis, IN unless agreed otherwise. For claims under $10,000, it's document-based unless a hearing is requested. Claims exceeding $10,000 follow AAA Rules.

3.6 Arbitrator’s Decision

The arbitrator renders an award within the AAA Rules' timeframe, including essential findings and conclusions. The arbitrator can't award punitive damages but may grant declaratory or injunctive relief. The decision is final, binding, and can be entered in any court.

3.7 Fees

Parties bear their arbitration expenses, including attorneys’ fees, unless provided otherwise by applicable law.

Thanks for reading.

Family Movers Pro