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By accepting these terms, you agree to enter an agreement that is made between IDEA4WATER Inc. (IDEA)
and yourself (Owner).
1. Purpose. Owner hereby employs IDEA to conduct a site survey of Owner's property for the purpose of identifying
potential water sources on Owner's property.
2. Real Property Description. The tract of land owned by Owner which shall be the subject of this site survey set
forth on a copy of the deed (Owner to provide a copy of deed) or maps identifying the property.
3. Services of IDEA. IDEA shall conduct a site survey of the real property identified above in an effort to locate a
potentially reliable water source on the property of the Owner. IDEA shall provide to Owner written or e-mailed
results of the site survey which shall identify the specific coordinates of the locations within the property where
water is likely to be found. In addition to the written or e-mailed results, IDEA shall also mark the location with
a stake.
4. Compensation and Expenses. In consideration of the services to be rendered by IDEA under this contract, Owner
agrees to pay IDEA the sum invoiced in accordance with our prices listed on our home page. This fee shall be paid at
the time of execution of this agreement. Upon receipt of the full consideration, IDEA shall place the customer on the
work schedule for work to be completed in a reasonable time.
Owner also agrees to pay additional expenses associated with delays in granting access to the property which will
be based on an hourly rate as set forth in paragraph 5 below. In the event it is necessary for IDEA to remark the
potential water location, owner shall pay an additional $150.00 (plus mileage at a rate of $0.60 per mile) to IDEA
as a remarking fee.
5. Owner's Obligations and Representations. Owner hereby represents that he/she is the owner of the property
identified above and he/she has the lawful right to request the site survey. By execution hereof, Owner grants to
IDEA the right to come upon Owner's property at reasonable times for purposes of conducting the site survey and
for placing the water location stake. Should IDEA be denied access or should IDEA's access be delayed by actions
of the Owner, IDEA shall be entitled to additional compensation at a rate of $100.00 per hour as standby time.
In the event a septic tank or drain field exists on Owner's property, Owner shall provide to IDEA a drawing of
the location of the septic tank and drain field and shall further identify the location of those improvements upon
the ground. Should the owner fail to provide the map or identify the specific location of the septic tank drain
field, IDEA shall not be liable for a water location site which is in close proximity to septic tanks and drain
fields in violation of federal, state, or local laws and regulations. Owner is further responsible for conducting
whatever inquiry he deems necessary with regard to septic tanks or drain fields located on surrounding properties
whether known or unknown. IDEA has no responsibility or liability with regard to a water source location in close
proximity to a neighboring septic tank or drain field.
6. Guarantee.
For single well locations: Should a properly drilled well at the primary location specified in the site
survey result in less than 1 gallon of water per minute by the maximum depth stated in our report to the customer,
IDEA agrees to refund to Owner 70% of the fee charged (excluding mileage rate) for the site survey.
For multiple well locations: Should properly drilled wells at the locations specified in the site survey
result in less than 1 gallon of water per minute, by the maximum depth stated in our report to the customer, IDEA
agrees to refund to Owner 70% of the fee charged for that well (minus mileage rate).
Example:
20 acres with two well locations. One produces 5 gallon per minute (gpm) and the other produces ½ gpm. The refund
would be for the one well ($2125.00 - $100.00 mileage /// $2025.00/2 wells = $1012.50/well X .70 = $708.75 refund).
This guarantee is subject, however, to the following requirements:
A. We have been contracted to survey the entire parcel owned by the customer. If we complete only a partial
survey, the guarantee does not apply.
B. Some areas have minimum acreage requirements. If your area does, it will be stated on the invoice you
receive. Nonpayment of the invoice invalidates this agreement.
C. The well was drilled at the exact location specified by the Site Survey Report, and as further indicated by
the water location marker on Owner's property.
D. The well was drilled to the maximum depth specified in the report to Owner, as evidenced by a properly
filed well driller log.
E. The well log filed by the driller shall be prepared in conformance with the driller's standard operating
procedures, and shall, upon filing with the appropriate governmental authority, be conclusive evidence of the
gallons per minute produced from the drilled well.
F. If Hydrofracturing of the well are suggested by the report, the customer must complete
this work and provide the documentation showing that less than 1 gallon per minute was obtained.
G. Owner has paid the full consideration for the site survey and has complied with all terms and conditions of
this agreement, including the payment of fees and the providing of a legal description and the necessary maps and
identifications of septic tanks and drain fields.
H. Drilling must be completed within 90 days of the completed report. In the event that it is not, the guarantee
is no longer applicable.
7. Additional Services. Should the Owner desire to employ IDEA for additional services other than those contemplated
by the site survey, the parties shall enter into a separate agreement defining the terms, conditions, and
compensation to be paid for those additional services. IDEA is willing, pursuant to separate agreement, to provide
consulting and supervisory services associated with the drilling of the well and such other matters as the parties
agree upon.
8. Notice. Any notice under this Agreement shall be effectively given upon deposit in the U. S. Mail, postage
prepaid, by recognized overnight delivery service, or by e-mail.
9. Attorney's Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of
this agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any
provision of this agreement, the successful or prevailing party shall be entitled to recover reasonable attorney's
fees and other costs incurred in such action or proceeding, In addition to any other relief to which it may be
entitled.
10. Governing Law. The validity, meaning and effect of this Contract shall be determined in accordance with the
laws of the State of Idaho applicable to contracts made and performed in the State. Any disputes which arise from
this contract shall be resolved in Bonner County, Idaho.
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