Enhabit Program ParticipationTerms and Conditions Agreement
PROGRAM OVERVIEW: Enhabit is a non-profit helping people retrofit their homes for improved efficiency, health, comfort and safety. We bring together skilled contractors, lenders, trained advisors and quality oversight into a total solution.
TERMS AND CONDITIONS
Legal Authority and Document Retention:
Rebate and Promotional Offer Eligibility: Rebates and/or promotional offers (Bundled Incentives) are available on a first come, first served basis while incentives last, subject to change without prior notice, are non‐transferable and will only be reserved for a qualified Participant for a limited time. Participant agrees to allow Enhabit to bundle all available upgrade incentives. Participant further agrees that he/she forfeits applying for any rebates for installed home performance upgrades as part of an Enhabit project to any participating entities in the Enhabit program (e.g. utilities, the Energy Trust of Oregon, and government programs) and assigns those rebates to Enhabit. Bundled Incentives are estimates only and are subject to change. All home upgrades installed must meet Enhabit and participating utility eligibility and installation standards before Bundled Incentives will be paid. Age, type and ownership/occupation structure of participant’s home may affect availability of Bundled Incentives and Enhabit lending products. Enhabit will process paperwork for those participating entities with which Enhabit has rebate reimbursement agreements. For utilities and other entities not currently participating in Enhabit, Participant will need to contact those entities directly for details of those rebates and apply for those rebates separately.
Enhabit to Pay out Bundled Incentives to Contractor: Participant understands, acknowledges and accepts that any available Bundled Incentives will be applied as a reduction in the principal amount of any loan to Participant under the Enhabit program or to reduce overall project costs if Participant pays for projects in cash. Upon completion of the home upgrades and certification by an Enhabit Home Performance Advisor that the installed upgrades meet program requirements, all Bundled incentives will be disbursed to the contractor.
Carbon Benefits: Participant agrees and acknowledges that any carbon benefits arising out of an Enhabit project, such as Emission Reduction Credits that can be sold into a carbon market, are owned by Enhabit and not Participant. Participant further waives any legal claim to such carbon benefits.
Evaluation, Verification and Inspection: An Enhabit Home Performance Advisor and/or a representative of Enhabit may request access to the home to review and evaluate the project during and after the initial assessment and completion of any home upgrades. Further, an Enhabit Home Performance Advisor and/or other Enhabit participating entities such as the Energy Trust of Oregon may need to verify that the installed upgrades meet participating utility, Energy Trust of Oregon, Enhabit or other participating entity requirements prior to providing authorization to disburse applicable Bundled Incentives, and/or loan funds to a Participant’s contractor. Participant agrees to provide reasonable access to the home for the purposes described herein. No warranty of any kind is implied by any evaluation, verification or inspection.
Email Communications: Participant authorizes Enhabit and/or its representative to send individualized and automated emails concerning the project, including scheduling updates, project status, task reminders, and future additional upgrade offers. Enhabit may share Participant’s email address only with the Participant’s Enhabit contractor and/or lender. Participants without access to email may request project updates by phone by calling Enhabit at (855) 870-0049.
Project Information Release: As used herein, “Project Information” may include personally identifiable information (“PII”) – for example, your full name, email address, mailing address, telephone number, mobile phone number, as well as non‐personally identifiable information (“non PII”) such as ethnicity, gender, household size, home performance upgrade installed and resulting energy‐savings, cost of project, loan information (including name of lending institution, term, interest rate, payment schedule), FICO score, utility payment and usage data, household income, and property value. Participant agrees that Enhabit and/or its representative may include Participant’s Project Information, both PII and non PII, in reports or other documentation submitted to implementation partners (such as applicable contractors, lenders, and others), Enhabit’s Board of Directors, federal, state and participating local governments or government agencies, funders, Energy Trust of Oregon, Oregon Public Utility Commission, Washington Utilities and Transportation Commission, and/or the Oregon or Washington Legislature. Enhabit and/or its representative will treat PII as confidential, and request that the parties to whom it is disclosed treat it as confidential. Participant understands, acknowledges and agrees that federal, state and participating local government agencies may contact Participant about its participation in Enhabit.
Photo Release: Participant authorizes Enhabit and/or its representative to take photographs of Participant and Participant’s family, home and home performance upgrades and gives permission to Enhabit to use and publish the collected photographs and information concerning Participant’s project. Participant is willing to be contacted by members of the media about Participant’s Enhabit project.
Energy Information Release: Participant hereby authorizes Enhabit and/or the Energy Trust of Oregon to access utility usage data relating to the home on which energy‐saving measures will be completed and/or installed for a period of up to thirty‐six months before and after completion of the work. Participant agrees to provide reasonable assistance to Enhabit and/or Energy Trust of Oregon to obtain such information from Participant’s utility providers. Participant further authorizes Enhabit to release to real estate listing services and other parties an energy performance score for the home after completion of the Project.
Disclaimer/No Liability: Participant understands that Enhabit does not perform any upgrade work itself, but connects Participant with a contractor that performs the work. Enhabit may also perform certain testing services in your home, such as radon and general air quality testing, but such testing does not structurally impact your home. Participant agrees that he/she waives any right to seek legal recourse against Enhabit for any claims of defective work or defective performance of the home performance upgrades or
testing. Participant further agrees and acknowledges that Enhabit does not guarantee any level of workmanship or energy savings results from the upgrades or testing.
Tax Liability: Enhabit is not responsible for any tax liability which may be imposed on the Participant as a result of participation in the Program.
No Product Endorsement: Enhabit requires contractors to use Energy Star products when available unless waived in a particular instance by Enhabit, but Enhabit does not endorse any particular manufacturer or product in promoting the program. The fact that the names of particular manufacturers, products or systems may appear on a particular program bid, or be installed as part of upgrade work does not constitute an endorsement of any particular product by Enhabit.
Bidding Process: Enhabit recommends a contractor to Participant for each Project. Any recommended contractor meets Enhabit’s program requirements, including workforce living wage and benefit requirements, and participates in Enhabit’s quality oversight program. Participant may request an alternative contractor or request a different contractor recommendation at any time prior to contracting with a particular contractor.
Credit and Payment History: In the event Participant is seeking a loan through Enhabit, Enhabit and/or its representatives may request a credit check and obtain Participant’s credit and/or FICO score in order to evaluate whether Participant qualifies for a loan. Participant understands that adding additional Participants to an application will result in a joint credit application and that Participant has proper acknowledgment and authority to execute the application on behalf of all Participants. Participant understands, acknowledges and agrees that Enhabit and/or its representatives may request access to Participant’s utility usage payment history if needed as part of the loan approval process.
Loan Funding and Contractor Payment: Where Participant is borrowing from an Enhabit lender, Participant acknowledges and accepts that the actual loan amount will not exceed the cost of the final invoice for the project and loan funds will be disbursed directly from lender to contractor who is installing the home performance upgrades. The exceptions to this may include Home Equity Lines of Credit, which, unless otherwise designated, disburse to the homeowner. Participant agrees to make any and all payments pursuant to the agreed upon scope of work directly to contractor.
Contingency On Loan Commitment: In the event Participant is seeking a loan from an Enhabit lender for any portion of the home performance upgrades, Participant agrees, acknowledges and understands that for any portion of such upgrades that requires Enhabit lender financing, no work will be performed by the Contractor unless and until Participant receives a final loan commitment from a Enhabit lender.
Participant Acceptance of Agreement: Participant Acceptance of Agreement: By signing up and scheduling an appointment, Participant affirms he/she has read this Agreement and agrees to comply with and be bound by its terms and conditions. If Participant does not complete the signup and scheduling process, he/she does not accept the terms of this agreement, and Participant may not continue with the Enhabit program.
Updated May 19, 2015