# Maintenance Agreement Outline

> This is an outline of the sections a residential or light-commercial
> maintenance agreement usually needs, with notes on what each one should
> decide. It is **not** a contract and **not** legal advice. Laws on
> auto-renewal, cancellation, consumer notices and warranties differ by
> state and change over time. **Have an attorney licensed in your state
> review your agreement before you use it.**

## 1. Parties and property

- Legal name of your company, license number, contact details.
- Customer name, billing address, and the service address if different.
- Equipment covered: type, make, model, serial, location and approximate
  age for each unit. Example: "3-ton split-system condenser (2015), attic
  air handler."
- Equipment explicitly NOT covered (for example window units, fireplaces,
  pool heaters, or equipment with failures noted at enrollment).

## 2. Term, start date and renewal

- Start date and length of the term (12 months is common).
- Whether the agreement renews automatically. If it does, state how the
  customer is notified before renewal and how they can decline. Many states
  regulate auto-renewal language; this is a question for your attorney.
- What happens if covered equipment is replaced mid-term.

## 3. Services included

- Number of visits per year and the season each is performed in
  (for example one cooling visit in spring, one heating visit in fall).
- A specific checklist for each visit type. Vague "tune-up" language invites
  disputes; a numbered list avoids them. Example cooling items: check
  refrigerant pressures and temperatures, clean the condenser coil, inspect
  the capacitor and contactor, test safety controls, clear the condensate
  drain, replace a standard filter.
- Consumables included and excluded (filters, drain treatments, belts).
- A written report left with the customer after each visit.

## 4. Services NOT included

- Repairs, parts, refrigerant, duct cleaning, indoor air quality
  equipment, and work required by code changes.
- Damage from neglect, misuse, power surges, flooding, pests, or
  modifications by others.
- Emergency calls outside the included visits (see member benefits).

## 5. Member benefits (optional)

- Priority scheduling and the response window you can actually keep.
- Any discount on repairs, stated as a percentage, and whether it applies
  to labor, parts, or both.
- Waived or reduced diagnostic fee.
- Any extended labor warranty on repairs performed while enrolled.

## 6. Price and payment

- Total annual price, and whether it may be paid monthly.
- Payment method, due dates, and how late payment is handled.
- Whether the price is fixed for the term and how renewals are priced.
- Taxes, if applicable in your jurisdiction.

## 7. Scheduling and access

- Who initiates scheduling each season (you, the customer, or both).
- What happens if the customer does not respond or misses a visit: does
  the visit roll over, expire at the end of the term, or get refunded?
- Access requirements (adult present, pets secured, clear access to
  equipment).

## 8. Cancellation and refunds

- How either party cancels and with how much notice.
- How a refund is calculated if visits were already performed (for
  example, charging completed visits at the regular rate against the
  amount paid).
- Whether the agreement transfers to a new owner of the property.

## 9. Limitations and liability

- Maintenance reduces but does not eliminate breakdowns; no promise of
  uninterrupted operation.
- Limits on liability and any disclaimer of implied warranties. Wording
  here is heavily state-dependent and must be reviewed by your attorney.
- How conditions found at the first visit are handled.

## 10. Signatures and records

- Signature and date for both parties, including whether electronic
  signatures are accepted.
- Where the agreement, visit reports and invoices are kept so the office
  and the technician see the same record.

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Checklist before you use your version:

- [ ] An attorney in your state has reviewed the full text.
- [ ] Auto-renewal and cancellation language follows your state's rules.
- [ ] Each visit type has a specific, numbered checklist.
- [ ] Exclusions are listed plainly.
- [ ] Price, payment timing and refund math are stated.
- [ ] Your office and technicians have read it and can explain it.