Terms & Conditions

SubScan, LLC — Service Terms and Conditions

Effective date: June 22, 2026
(Supersedes the version effective January 21, 2025. See Section 20(j) regarding revisions.)

1. Applicability and Acceptance. These General Terms and Conditions for Services (“Terms”) govern the provision of underground utility locating, concrete scanning, video pipe inspection, and related services (“Services”) by SubScan, LLC, a Florida limited liability company (“Company”), to the customer (“Customer”) identified in the accompanying proposal, quote, work order, or quotation (collectively, “Order Confirmation”). The Order Confirmation and these Terms (collectively, the “Agreement”) comprise the entire agreement between the parties and supersede all prior understandings, agreements, negotiations, and communications, whether written or oral. In the event of any conflict between these Terms and the Order Confirmation, these Terms shall prevail unless the Order Confirmation expressly states that it modifies a specific provision of these Terms. These Terms prevail over any of Customer’s general terms and conditions regardless of when Customer has submitted its request for proposal or order, and Company’s provision of Services does not constitute acceptance of any of Customer’s terms and conditions. In the absence of a signed agreement, Customer’s authorization, scheduling, or receipt of the Services constitutes Customer’s acceptance of these Terms.

2. Services and Technical Limitations.

a) Scope and Methods: Company shall provide the Services described in the Order Confirmation in accordance with these Terms. Utility locating Services are performed using surface geophysical methods consistent with those described for Quality Level B (Designating) in ASCE/UESI/CI 38-22, Standard Guideline for Investigating and Documenting Existing Utilities: Company interprets the presence of subsurface utilities and marks their approximate horizontal position based on retrieved geophysical data. Company does not certify or formally designate utility quality levels under ASCE 38-22, which may be done only under the responsible charge of a licensed professional. Company does not perform Quality Level A verification, test holes, potholing, hydro or vacuum excavation, or any other excavation; where such verification is needed, it is the Customer’s responsibility to obtain it through a separate qualified contractor engaged by the Customer.

b) Equipment: Company utilizes industry-standard geophysical equipment, including Ground Penetrating Radar (GPR) and electromagnetic (EM) pipe locating devices, as generally described in Exhibit A. Customer acknowledges that the Services are subject to the limitations of the equipment described in Exhibit A.

c) Inherent Limitations: Customer acknowledges that subsurface locating is an interpretive process based on the physics of signal propagation and is not an exact science. Results can be materially affected by:

• Soil and Groundwater Conditions: Electrically conductive subsurface conditions, including clay layers, organic soils, and the saline or brackish groundwater found in coastal areas of the Gulf Coast region, can attenuate GPR signals and limit effective depth penetration, in some conditions to less than 2 to 3 feet.
• Target Material: Non-conductive targets (PVC, HDPE, concrete, terracotta, and fiber optic lines without tracer wire) cannot be detected by EM methods unless a continuous, accessible tracer wire is present, and may not be visible to GPR if their dielectric properties are similar to the surrounding soil.
• Site Conditions: Surface obstructions, congested utility corridors, reinforced concrete, subsurface debris, tree roots and other buried objects, and electromagnetic interference from nearby power sources.

d) No Guarantee of Completeness; Clear Areas: Company makes no representation that it will locate all subsurface items. Any area marked or described as “clear,” “no findings,” or similar, and any area left unmarked, reflects Company’s interpretation of the geophysical data available under the site conditions at the time of service and is not a guarantee that the area is free of utilities, reinforcement, or other subsurface objects.

e) Not a Survey; Not Engineering: Customer acknowledges that (i) any marks, maps, sketches, or CAD deliverables provided by Company are not survey quality and do not constitute a legal land survey, which may only be performed by a licensed professional surveyor and mapper engaged for that purpose; (ii) Company does not perform “surveying and mapping” as defined in Chapter 472, Florida Statutes, does not perform “engineering” as defined in Chapter 471, Florida Statutes, and does not perform geological services as defined in Chapter 492, Florida Statutes, or the equivalent licensed professions under the laws of any other state; Company reports field observations of retrieved geophysical data only; and (iii) any depths provided are estimates only and must be verified by Customer, through safe, non-destructive exposure (such as potholing or hand digging) performed by Customer or a qualified contractor of Customer’s choosing, before drilling, boring, or excavating.

f) Markings Reflect Conditions at Time of Service: Markings, paint, flags, and field data reflect Company’s interpretation of site conditions on the date the Services are performed. Company is not responsible for markings that are removed, degraded, displaced, or rendered inaccurate by weather, traffic, construction activity, or the passage of time, nor for utilities installed, relocated, or abandoned after the date of service. Re-marking, if requested, is a separately billable service.

g) Destructive Activities: Customer is solely responsible for the final decision to drill, bore, excavate, saw-cut, core, or perform any destructive process, and for the means, methods, and safety of that work. Company’s data is a risk-mitigation tool, not a guarantee of clearance.

3. Surface Markings. Locating results are communicated through surface markings, which may include paint, flags, stakes, chalk, crayon, pencil, or similar indicators placed on or near the surfaces where utilities or anomalies are believed to be present. Where applicable, markings follow the APWA Uniform Color Code. By authorizing the Services, Customer consents to such marking and represents that it has the authority, or has obtained permission from the property owner, to allow marking on the work area. This representation applies whether Customer owns the property or is engaging Company on behalf of a property owner or other third party.

Markings are commonly applied with water-based marking paint, and depending on the surface may also be made with crayon or pencil. Although water-based, these markings can persist for several months or longer depending on surface type, weather, and site conditions, and crayon and pencil can persist as long or longer. Incidental overspray or marking on adjacent surfaces can occur during the ordinary, careful course of marking and is an inherent part of the locating process. Customer accepts the use and persistence of these markings, including such incidental overspray, and is responsible for any removal, cleaning, or restoration desired after the Services are complete. Company is not responsible for the cost of removing or cleaning markings. This Section does not limit Company’s responsibility for damage caused by its gross negligence or willful misconduct as provided in these Terms.

Where a surface is sensitive and Customer prefers a method that is easier to remove, Customer may request in writing before the Services that Company use lower-persistence indicators such as flags, chalk, or tape where suitable. Absent such a request, Company will use the marking methods it determines appropriate for reliable, durable results.

If Company marks a location in reliance on address, parcel, access, or scope information provided by Customer, and that information is inaccurate or incomplete, Customer is responsible for any resulting markings and for any complaint, removal, cleaning, or restoration arising from them, including markings made on an incorrect property.

4. Customer’s Obligations. Customer shall:

a) One-Call / 811 Compliance: Acknowledge that Company is a private utility locating company, is not affiliated with any one-call notification system, and is not a substitute for it. Before any excavation or demolition, Customer (or the responsible excavator) must notify the one-call center for the state where the site is located within the time required by that state’s law: in Florida, Sunshine 811, not less than two full business days before excavation (Chapter 556, Florida Statutes); in Alabama, Alabama 811, at least two working days before excavation, not counting the day of notification (Ala. Code Section 37-15-4); in Mississippi, Mississippi 811, not less than three working days before excavation (Miss. Code Section 77-13-5); and in any other state, as required by that state’s damage-prevention law. Company is not responsible for locating or marking utilities owned or operated by member operators of the applicable one-call system (typically facilities up to the meter or point of service), and Company’s Services do not satisfy Customer’s statutory one-call obligations.

b) Site Access and Preparation: Secure legal access to the work area; clearly identify the areas to be scanned; remove vehicles, materials, and other obstructions; keep work areas safe; and de-energize utilities where requested and feasible.

c) Permits and Local Regulations: Obtain all permits and approvals required for the project, including any right-of-way utilization permits and any permits or variances needed for work outside locally permitted construction hours. Local noise ordinances restrict work hours (for example, City of Pensacola Code Sec. 8-1-13(7) permits general construction activity between 6:00 a.m. and 7:00 p.m., Monday through Saturday; other jurisdictions differ). Company may suspend or reschedule work without penalty if continuing would violate an applicable ordinance or permit condition.

d) Information: Provide accurate as-built drawings, prior utility records, and knowledge of known facility locations where available, and respond promptly to Company’s reasonable requests for direction, information, or approvals.

e) Compliance with Law: Comply with all laws applicable to Customer’s project, including damage-prevention, excavation, and worksite safety laws.

5. Authority and Access. Customer represents and warrants that it owns the property where the Services will be performed or has obtained all necessary authority and permission to authorize the Services and to grant Company access to the work area. Customer is responsible for arranging safe and legal access for Company and its equipment, and for obtaining any permissions, easements, or approvals required from the property owner or others. If access is denied, delayed, or limited, or if Customer’s authority is incomplete or incorrect, Company is not responsible for the resulting inability to perform, and any charges under the Scheduling, Cancellation, and Standby Section remain payable. Customer’s indemnification obligations in these Terms extend to claims arising from Customer’s lack of authority or permission to authorize the Services or access the work area.

6. Site Safety, Utility Strikes, and Traffic Control.

a) Jobsite Safety: Customer, or the contractor controlling the site, is responsible for overall jobsite safety, including securing the work area, disclosing known hazards, and complying with applicable safety laws and regulations. Company is responsible only for performing its own work in a safe manner.

b) Right to Stop or Decline Work: Company may suspend, decline, or leave any site that it reasonably determines to be unsafe, including conditions such as unsafe excavations, aggressive animals, inadequate access, or other hazards, without penalty. Where Company has mobilized to the site, the minimum service charge and mobilization charges remain payable as provided in the Scheduling, Cancellation, and Standby Section.

c) Hazardous Materials: Company is not engaged or equipped to perform work involving hazardous materials or contaminated sites. Customer must disclose any known or suspected contamination, hazardous materials, or similar conditions before the Services. If Company encounters such conditions, it may stop work, and the minimum service charge and mobilization charges remain payable.

d) Traffic Control: Where the Services are performed in or near a roadway, right of way, or area of vehicular or pedestrian traffic, Customer or the controlling contractor is responsible for providing and maintaining all traffic control, including any maintenance of traffic plan, signage, flagging, and lane closures required by applicable law or the governing authority, unless Company has expressly agreed in writing to provide it.

e) Utility Strikes and Verification: Company’s markings and findings are estimates and interpretations, not guarantees, and do not establish a safe location to excavate. Before using any mechanized or powered equipment near a marked or suspected utility, Customer must expose and visually verify the utility by hand digging, potholing, or other non-mechanized means. Customer is responsible for complying with all applicable damage prevention and excavation laws. Company is not liable for any utility strike, damage, or resulting loss, except to the extent caused by Company’s gross negligence or willful misconduct as provided in these Terms.

f) Notice of Alleged Strike or Error: If Customer alleges that a utility strike, missed utility, or marking error resulted from the Services, Customer must notify Company promptly, and in no event more than three business days after the event, provide clear wide-angle and close-up photographs of the affected area, and preserve the area and allow Company a reasonable opportunity to inspect it before any repair, alteration, or concealment. To the extent Company’s ability to investigate or mitigate is prejudiced by Customer’s failure to provide prompt notice and an opportunity to inspect, Customer’s related claim is reduced or barred accordingly.

7. Performance and Delays. Company shall use reasonable efforts to meet performance dates, but all dates are estimates only. Company is not liable for delays caused by adverse weather (including tropical systems), site inaccessibility, force majeure events, or Customer’s failure to prepare the site or perform its obligations. If Company’s performance is prevented or delayed by any act or omission of Customer or its agents, contractors, or employees, Company shall not be deemed in breach and shall not be liable for resulting costs or losses, and standby time and remobilization are addressed in the Scheduling, Cancellation, and Standby Section.

8. Scheduling, Cancellation, and Standby.

a) Cancellation and Rescheduling: Customer may cancel or reschedule scheduled Services without charge by providing at least 48 hours’ notice before the scheduled arrival time, measured in calendar hours. A cancellation or reschedule made less than 48 hours before the scheduled arrival time is a late cancellation and is subject to a fee equal to 50 percent of the minimum service charge. Rescheduling within the 48-hour window is treated as a late cancellation for purposes of this fee.

b) Mobilization Guarantee and No-Show: Once Company has mobilized and arrived at the site ready to perform the Services, Company is entitled to no less than the full minimum service charge plus mobilization charges for the round trip actually made, regardless of whether the Services are then performed, delayed, canceled, or prevented by site conditions. This applies, without limitation, where no authorized person is present, the site is not ready or accessible, or conditions prevent the work from proceeding. The minimum service charge covers the first four hours onsite whether that time is spent performing the Services or waiting.

c) Standby Time: Any delay outside Company’s control once Company has mobilized to the site, including delays caused by weather, site readiness, access, or waiting on other parties, is billable as standby time beyond the first four hours onsite. Standby time is billed in 15-minute increments at Company’s standard standby rate for the first three hours of standby and at Company’s elevated standby rate for any standby time thereafter, as set out in Company’s rate schedule. Standby time is in addition to, and never in place of, the minimum service charge and mobilization charges.

d) Weather: Company is not liable for weather-related delays. If Company determines, before mobilizing to the site, that current or forecast weather conditions make the work unsafe or impractical, Company may reschedule at no charge to Customer. Once Company has mobilized to the site, weather-related delays are handled as standby time under subsection (c).

e) Force Majeure: No cancellation, no-show, or standby fee applies to either party where the cancellation or delay results from a force majeure event as described in these Terms, including hurricanes, tropical systems, flooding, evacuation orders, or other causes beyond a party’s reasonable control.

f) Deposits: Where Company requires a deposit, the deposit is applied toward the Services and any charges owed under this Section. If Customer reschedules or cancels a particular appointment but the job is to proceed, the deposit is retained and applied to the rescheduled Services and any fees due. If Customer cancels the job in its entirety, any cancellation, no-show, or standby fees owed are first deducted from the deposit, and only the remaining balance, if any, is refunded.

9. Change Orders and Additional Services.

a) Hourly Work: Where Services are billed on an hourly basis, work requested or required beyond the original scope is performed as part of the ongoing Services and billed at Company’s standard hourly rates as the work is performed, and no separate change order is required. This includes additional area, additional or alternative locating methods, additional utility types, additional deliverables, and additional time arising from site or subsurface conditions.

b) Fixed-Rate Work: Where Services are quoted at a fixed rate, the quoted price is limited to the specific equipment and methods, designated work areas, utility types, and deliverables identified in the Order Confirmation. Work beyond that defined scope requires a change order before the additional work is billed. Scope-expanding requests include, without limitation, locating additional area, adding locating methods, locating privately owned or owner-installed utilities not originally identified (such as irrigation, low-voltage, sewer laterals, septic components, or fuel lines), and producing deliverables not originally quoted.

c) Conditions and Access Limitations: Subsurface and site conditions cannot be fully known in advance, and access cannot be guaranteed. Where conditions or limited access materially increase the effort, time, or methods required beyond what a fixed-rate quote reasonably anticipated, or prevent the Services from being completed, Company may, at its option, either require an approved change order before continuing or continue at its standard hourly rates in addition to the fixed price. Services attempted under such conditions are billable whether or not the work is fully completed.

d) Authorization: Change orders and authorizations for additional work are preferably made in writing, which includes email or text message. Where Customer or its onsite representative requests additional work verbally, that request is treated as authorization for Company to perform the work and to bill it at Company’s standard rates, and Company will confirm the request in writing where practical.

e) Scheduling of Additional Work: Where additional work is requested or required while Company is onsite, Company may, at its option, either perform the additional work at that time at its standard rates or schedule it for a later visit so as not to disrupt Company’s other commitments. Additional visits are subject to mobilization charges.

10. Fees and Payment.

a) Payment Terms: Unless the Order Confirmation states different payment terms (for example, payment due upon receipt), Customer shall pay all invoiced amounts within thirty (30) days from the date of invoice (Net 30).

b) Interest: Past-due amounts bear interest at 1.5% per month (18% per annum) or the maximum rate permitted by applicable law (including Section 687.03, Florida Statutes), whichever is lower, from the due date until paid.

c) Collection Costs: Customer shall pay all reasonable costs of collection, including reasonable attorney’s fees and court costs, incurred by Company in collecting delinquent amounts.

d) Payment Methods; Processing Fees: Company accepts payment by ACH bank transfer at no additional charge. Payments made by credit or debit card through Company’s online payment system are subject to a card processing fee as disclosed on the Order Confirmation, invoice, or checkout page before payment.

e) Suspension: Company may suspend performance of any Services until all past-due amounts are paid in full.

f) Negative Findings: Fees are payable regardless of whether specific targets are located. The process of scanning an area and documenting the findings, including the absence of detectable targets or conditions that prevented detection, constitutes a valuable service and the expenditure of Company’s time, equipment, and expertise.

g) Taxes: Customer is responsible for all applicable sales, use, and similar taxes imposed on amounts payable under this Agreement, other than taxes on Company’s income.

h) Lien Rights: Nothing in this Agreement waives or limits any lien or bond rights Company may have under applicable law, including Chapter 713, Florida Statutes.

11. Insurance. Company maintains insurance appropriate to the Services. Company will furnish a certificate of insurance upon Customer’s request.

12. Intellectual Property. All intellectual property rights in deliverables (reports, drawings, data, maps, images, and videos) remain the property of Company. Upon full payment, Company grants Customer a non-exclusive, non-transferable, royalty-free license to use the deliverables for Customer’s internal business purposes related to the specific project site. The license does not permit Customer to sell, commercialize, or sublicense the deliverables. Company may retain and use project data and deliverables for record-keeping, quality assurance, and improvement of its services, provided Company does not disclose Customer’s confidential information.

13. Confidentiality. Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential, including Customer’s site information, drawings, and project details, and Company’s pricing, methods, reports, and data. Each party will use the other’s confidential information only to perform or use the Services and will not disclose it to others except to its personnel, contractors, or advisors who need it and are bound to keep it confidential. This Section does not apply to information that is or becomes public through no fault of the receiving party, was already known to the receiving party, is independently developed, or is rightfully received from a third party. A party may disclose confidential information where required by law, subpoena, or court or governmental order, and where permitted, will give the other party reasonable advance notice so it may seek protection. Company may use project data and deliverables for its records, quality assurance, and improvement of its services as described in the Intellectual Property Section, without disclosing Customer’s confidential information.

14. Limited Warranty and Disclaimer.

a) Standard of Care: Company warrants that it will perform the Services using personnel of required skill, experience, and qualifications, in a professional and workmanlike manner consistent with generally recognized industry standards for subsurface utility locating and designating.

b) Warranty Claim Conditions: Company shall have no liability for breach of the warranty in subsection (a) unless: (i) Customer gives Company written notice of the claimed deficiency, reasonably described, within three (3) business days after Customer discovers or reasonably should have discovered it; (ii) the Services giving rise to the claim were performed within the preceding sixty (60) days; and (iii) Customer preserves the affected area and allows Company a reasonable opportunity to inspect it before repair, alteration, or concealment. For any valid warranty claim, Company shall, at its option, re-perform the deficient Services or credit or refund the fee for the deficient Services at the pro rata contract rate, and such remedy is Customer’s sole and exclusive remedy for breach of the warranty in subsection (a). This Section establishes conditions for warranty remedies and is not intended to shorten any statutory limitations period.

c) DISCLAIMER: EXCEPT FOR THE WARRANTY SET FORTH IN SUBSECTION (a), COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES OR DELIVERABLES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, COMPANY DOES NOT WARRANT THAT ALL SUBSURFACE UTILITIES, OBJECTS, OR CONDITIONS WILL BE DETECTED OR MARKED.

15. Limitation of Liability.

a) Cap on Damages: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL FEES PAID TO COMPANY FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM OR $50,000.00, WHICHEVER IS LESS.

b) Exclusion of Consequential Damages: IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, LOSS OF USE, BUSINESS INTERRUPTION, DELAY DAMAGES, OR DIMINUTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

c) Exceptions: The limitations in this Section do not apply to damages resulting from Company’s gross negligence or willful misconduct as defined under Florida law, or to any liability that cannot lawfully be limited.

16. Indemnification. To the fullest extent permitted by law, Customer shall defend, indemnify, and hold harmless Company and its members, managers, officers, employees, and agents from and against all claims, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or resulting from (a) Customer’s excavation, drilling, boring, cutting, demolition, or other destructive activities at the site; (b) Customer’s breach of this Agreement, including failure to comply with applicable one-call/811 requirements; or (c) bodily injury, sickness, disease, or death, or injury to or destruction of tangible property, but in each case only to the extent caused by the negligent acts or omissions, willful misconduct, or statutory violations of Customer, anyone directly or indirectly employed by Customer, or anyone for whose acts Customer may be liable. Nothing in this Section requires Customer to indemnify Company for Company’s own negligence. Customer’s aggregate indemnification obligation under this Section is limited to the greater of (i) the available proceeds of Customer’s applicable liability insurance or (ii) $1,000,000 per occurrence, which limitation the parties agree bears a reasonable commercial relationship to this Agreement. Customer shall not settle any indemnified claim without Company’s prior written consent.

17. Florida Statutory Notices.

A. CONSTRUCTION LIEN LAW NOTICE (SECTION 713.015, FLORIDA STATUTES). The following notice is required by law to be included in certain direct contracts greater than $2,500 between an owner and a contractor relating to improvements to real property consisting of single or multiple family dwellings up to and including four units, and is provided here for information.

ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.

B. CHAPTER 558 NOTICE OF CLAIM (SECTION 558.005, FLORIDA STATUTES).

ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.

C. Out-of-State Sites. Where Services are performed at a site outside Florida, the statutory notices above apply only as required by Florida law, and Customer remains responsible for compliance with the lien, damage-prevention, and construction-defect statutes of the state where the site is located.

18. Governing Law and Venue. This Agreement and all matters arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict-of-law principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state courts located in Escambia County, Florida, or the United States District Court for the Northern District of Florida (Pensacola Division). Each party irrevocably submits to the exclusive jurisdiction of such courts and waives any objection to venue in such courts.

19. Term, Termination, and Suspension. This Agreement commences upon Company’s acceptance of Customer’s order and continues until the Services are completed or the Agreement is terminated. In addition to its other remedies, Company may suspend Services or terminate this Agreement with immediate effect upon written notice if Customer (a) fails to pay any amount when due; (b) fails to perform or comply with any term of this Agreement; or (c) becomes insolvent or is the subject of bankruptcy, receivership, or similar proceedings. Customer remains responsible for payment for all Services performed through the date of suspension or termination.

20. Miscellaneous.

a) Severability: If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity shall not affect any other term or provision, and the affected provision shall be enforced to the maximum extent permitted.

b) Force Majeure: Company is not liable for failure or delay in performance due to causes beyond its reasonable control, including acts of God, hurricanes and tropical systems, flooding, fire, epidemics, governmental actions, civil unrest, labor disputes, supply or telecommunication failures, and power outages.

c) Assignment: Customer may not assign its rights or delegate its obligations under this Agreement without Company’s prior written consent. Any assignment in violation of this Section is void.

d) Waiver: No waiver is effective unless in a writing signed by the waiving party, and no failure or delay in exercising any right is a waiver of it.

e) Amendment: Once an order is accepted, this Agreement may be amended only in a writing signed by authorized representatives of both parties.

f) Relationship of the Parties: Company is an independent contractor. Nothing in this Agreement creates any employment, partnership, joint venture, or agency relationship.

g) Notices: Notices under these Terms must be in writing and are effectively given when sent to the email address or mailing address the parties have used for the project or that appears on the Order Confirmation. Notice by email is effective on the date sent, absent a bounce or delivery failure. Notice by mail is effective three business days after deposit with the postal service or one business day after deposit with a recognized overnight courier. Either party may update its notice address by giving notice under this subsection. Routine operational communications, such as scheduling and field coordination, may be handled by ordinary email, text message, or phone and are not subject to this subsection.

h) Electronic Signatures and Counterparts: This Agreement may be accepted, signed, and delivered electronically, including by email, PDF, an electronic signature platform, or Customer’s online authorization or acceptance of an Order Confirmation. A handwritten signature that is scanned, photographed, or otherwise delivered electronically (including by email) has the same effect as an original. Any such electronic signature, acceptance, or delivery has the same force and effect as a handwritten signature and a manually signed original under the federal ESIGN Act, the Florida Uniform Electronic Transaction Act (Chapter 668, Florida Statutes), and other applicable law. This Agreement may be executed in counterparts, each of which is an original and all of which together form one and the same agreement.

i) Survival: Sections that by their nature should survive completion or termination of this Agreement, including those governing fees, intellectual property, confidentiality, warranty, limitation of liability, indemnification, and governing law and venue, shall so survive.

j) Revisions to These Terms: Company may revise these Terms from time to time by posting an updated version with a new effective date at subscanusa.com/terms-conditions. The version in effect on the date Company accepts Customer’s order (or, if a written agreement is signed, the version in effect on the signing date) governs that order.

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Exhibit A: Equipment and Methodology

The following describes the standard equipment and methodologies employed by SubScan, LLC. Specific equipment used may vary based on site conditions and availability.

1. Ground Penetrating Radar (GPR), Subsurface System:

• Description: Cart-mounted pulsed radar system transmitting electromagnetic pulses into the ground (dual-frequency antennas, typically in the 400 MHz and 800 MHz range) with integrated GNSS positioning.
• Function: Transmits radio-frequency pulses into the subsurface and measures reflections returning from interfaces between materials with differing dielectric properties, which may indicate utilities, tanks, voids, or other buried objects.
• Limitations: Penetration depth is heavily dependent on soil conductivity and moisture. Conductive conditions such as clay layers, organic soils, or saline groundwater intrusion can limit effective penetration, in some cases to less than 3 feet. Smaller, deeper, and non-metallic targets are more difficult to resolve. GPR cannot image through solid metal plates, and densely reinforced concrete scatters the signal. Surfaces must be reasonably smooth and unobstructed for usable data. All depths are estimates.

2. Ground Penetrating Radar (GPR), Concrete System:

• Description: High-resolution handheld or compact antennas (typically 1000 MHz to 2700 MHz).
• Function: Scans concrete slabs, walls, and columns to image rebar, post-tension cables, conduits, and voids.
• Limitations: Cannot scan within approximately 2 to 4 inches of walls and obstructions. Effective depth is typically up to about 18 inches in concrete, varying with conditions. Rebar reflects strongly, and even a single layer of reinforcement can shadow targets below it; denser or multi-layer mats further obscure anything beneath the top layer of steel. No harmful radiation is emitted, and scanning can be performed with people in proximity.

3. Electromagnetic (EM) Pipe Locator:

• Description: Radio-frequency transmitter and receiver units.
• Function: Passively detects fields from live AC power or re-radiated radio signals on conductive utilities, or actively traces a signal applied by direct connection, clamp, or induction to metallic pipes, risers, and tracer wires.
• Limitations: Cannot locate non-metallic lines (PVC, HDPE, concrete, terracotta) unless a continuous, intact tracer wire is present and accessible. Signal bleed-off in congested corridors can cause the signal to couple to adjacent utilities. Locating success depends on access, conductivity, grounding, and interference. Depths are estimates.

4. Acoustic Locator (Water Line Tracing):

• Description: A transducer system that introduces a pressure wave into a water column, detected with a ground microphone.
• Function: Used primarily to trace non-metallic, pressurized water lines that cannot be located by GPR or EM methods.
• Limitations: Requires access to an active, pressurized water supply. Highly susceptible to ambient noise from traffic and construction. Depths generally cannot be provided, and horizontal accuracy should be assumed to be no better than approximately +/- 2 feet.

5. Traceable Rodder / Sonde:

• Description: A fiberglass rod with a copper core, or a transmitting beacon (sonde), inserted into accessible pipes.
• Function: Enables locating of non-metallic sewer, storm, and other gravity pipes from the surface.
• Limitations: Requires direct access (cleanouts, manholes, open pipe ends). May not pass sharp bends, offsets, or blockages. The sonde signal does not pass through most metallic pipes (cast iron excepted) and is typically detectable to depths of roughly 10 to 15 feet depending on conditions.

6. Infrared (Thermal) Camera:

• Description: Handheld thermal imaging device.
• Function: Detects surface temperature differentials, commonly used to trace radiant heating tubing or active hot-water leaks in slabs.
• Limitations: Requires an adequate temperature contrast between the target and surrounding material; the system may need to be heated or cooled before scanning to create contrast.