Terms and Conditions

Description of Membership Options

I. WelGard® Premium Protection Plan Membership (if selected/paid):

  1. Includes the repair or replacement of components of the Well System, defined as components beginning with the well

    boring/hole up to and including (1) Pressure Tank, specifically including :

    (a): a well yielding less than 1 gallon per minute (Drilling limitations below in C- Well Drilling Maximum),

    (b.) all well components up to and including the Pressure Tank,

    (c.) replacement of defective well cap,

    (d.) replacement of water and electric lines from the well to the house,

    (e.) replacement of the well pump and connections,

    (f.) all valves, fittings, adapters and other Well System components as determined to be needed by Well

    Guardian Corporation (WGC) to restore an adequate water supply.

  1. At the discretion and direction of WGC, this protection may not be effective until after the successful completion of well testing and inspection, including a visual inspection and testing of the well system components described in (b.) through (f.) above, testing of the functioning of the pump and tank, and a Yield Test.

  1. 24/7 response to emergencies.

  1. WGC reimburses Member costs incurred for a hotel stay up to $300 per night (maximum 7 days total) if water is not restored the same day, when reported before 9 AM (Eastern Time Zone).

  1. Zero out of pocket costs for repairs.

  1. If selected (optionally by Member), WGC will arrange for a water safety testing including bacterial analysis, Nitrates, pH, and turbidity. Call-in order for these services to be scheduled promptly based on request.

  1. Surcharges for Well Depth plus Distance to the house exceeding 500' , Geothermal System and Constant Pressure Equipment will apply retroactively to the start date if, in servicing your well, WGC determines such charges are applicable (See L.)

II. WelGard® Superior Protection Plan Membership (if selected/paid):

  1. Includes provisions as per items 1(b.) through 4.), and 6.) and 7.) above for WelGard Premium Protection Plan membership. In the case where WGC is unable to extract the pump due to natural causes (i.e. shifts in natural geological formations), benefits for pump/ equipment replacement are capped at the maximum $10,000 as per item 3.) below, and can be applied to well replacement if needed.

  1. $199 service fee will be charged for each repair requested and will be collected prior to the initiation of services.

  1. $10,000 maximum annual benefit. Benefits under this Agreement (Superior) will exclude all costs required to increase or replace the yield/production of water recharging the well, including but not limited to, deepening, drilling, hydro fracking or rehabilitating the well.

III. WelGard® Standard Protection Plan Membership (if selected/paid):

  1. Includes the repair or replacement of 2 well components (a.) Pressure Tank and related fittings, (b.) Jet & Submersible

    Well Pump including accessible wiring in the well, found to be defective.

  1. Includes provisions as per items 2.), 4.), and 6.) above for WelGard Premium Protection Plan membership.

  1. Services are subject to a 7-day waiting period when no inspection is completed as per item 2.) above in Premium

    Protection, which begins from the Effective Date noted above.

  1. Concierge/service available ONLY during normal business hours protection.

  1. $199 service fee will be charged for each repair requested and will be collected prior to the initiation of services.

  1. $3,000 maximum annual benefit.

IV. WelGard® Navigator Pro Plus Membership (if selected/paid):

  1. Includes the immediate response and mobilization of advisory services to repair or replace all Well System components

    (as defined in #1. of "WelGard® Premium Protection Membership above) as determined by Well Guardian Corporation

    (WGC) to restore an adequate water supply, directly as a result of a low or out of water emergency.

  1. Includes deployment of vetted and reliable professionals, WGC coordination and knowledgeable support of repairs as an advocate for the Member, and lowest costs repair - based on your input where options are presented.

  1. 24/7 response to emergencies.

  1. Navigator Pro Plus Membership benefits DO NOT INCLUDE WGC PAYMENT FOR ANY SUCH SERVICES. but includes the benefit of WelGard® pricing (i.e. WGC buying power).

  1. Services are subject to a 14-day waiting period, which begins from the Effective Date noted above. This waiting period will be waived by WGC if the annual fee is paid in full prior to initiation of repairs.

  1. WGC will reimburse Member costs incurred for a hotel stay up to $300 per night (maximum 7 days total) if water is not restored the same day, when reported before 9 AM (Eastern Time Zone).$3,000 maximum annual benefit.

V. WelGard® Navigator Pro Membership (if selected/paid):

  1. Includes provisions as per items 1.), 2.), 4.), 5.) and 6.) above for WelGard Navigator Pro Plus membership.

  1. Response to emergencies is available during normal Business Hours (8 AM - 6 PM, excluding weekends and holidays).

Description of Terms, Conditions, and Limitations

A. Service Professionals– WGC shall perform the Services in accordance with the terms of this Agreement utilizing WGC’s Service Professionals (Service Professionals). WGC shall select the professionals, parts, materials and equipment deemed necessary to perform the services. Work by anyone other than Service Professionals under the direction of WGC voids this Agreement. At its sole discretion and based upon its subjective determination, WGC may elect to waive this requirement for one occurrence during the life of the Agreement. As determined by WGC, Members who provide proof of a valid well repair expense paid during the term of this agreement, may submit the applicable repair bill from a reputable, certified and licensed firm for consideration. WGC may, in its sole discretion, may reimburse the Member, at rates determined by WGC based on prevailing costs of such repairs, by offsetting up to $300.00 against future WelGard fees for the lesser of 2 years or until full benefits are recovered by the Member.

B. Services -The Service Professional and WGC in consultation with the Member will determine the Services to be performed to attempt to restore an adequate yield water supply. Services may include deepening, hydro-fracking an existing well, the addition of supplemental water storage, constructing a new well or repairing/replacing well components required to provide an adequate water supply. WGC shall make the final determination of Services. Additional services requested and performed which are not covered by this Agreement (such as, frozen water pipes due to inadequate insulation of the outdoor equipment and pipes) shall be billed to the Member at WGC rates for those services. This Agreement does not provide services for the replacement of any water supply for statutory or regulatory purposes only (for example, changes in regulation, condemnation, etc.).

C. Well Drilling Maximum - WGC will drill a maximum of ten (10) wells or up to a combined maximum of 2,970 feet. Well drilling will cease when a yield test indicates 1 gallon per minute has been obtained (with adequate reserves), or upon drilling the maximum holes or feet. Applies only to WelGard Premium Protection Membership. For Agreements dated after September 1, 2025, when a well is determined to be <100 feet deep at the time of service, and requires a new well, the maximum benefits of $5,000 apply to replacement/drilling a new well; this limit applies to all Agreements dated after September 1, 2025, irrespective of depth identified at the Initial Date of the Agreement..

D. Member Response -WGC will respond to Member within 24 hours (24/7), including weekends and holidays. Applicable to all Products except WelGard® Navigator Pro.

E. Assignment/Transferability/Termination - Service agreement is transferable to the new property owner of the subject property with the advanced written consent of WGC. WGC has the right to cancel the agreement with 30 days’ notice and provide a refund of a monthly prorated fee, except after being notified by Member that Services are required. No refunds will be provided upon Member cancellation. Any monthly membership canceled within the first 12 months will be subject to an early termination fee.

F. Adequate Yield- Approved state or county yield test or modified yield test performed by WGC professional, reporting a minimum 1 gpm AND 350 gallons in 2 hours.

G. Access to Property -Member shall provide access to the property to WGC and its Service Professionals, and if necessary, site information including, but not limited to, site plans with building, septic and well envelopes, plats, as-builts, surveyed property corner stakes and any other documents needed to ensure that Services are performed within County and State Codes.

H. Water Quality - WGC expressly does not represent and Member agrees and understands that there is no guarantee that an adequate, health department approved water supply will be found. This Agreement is not applicable for repairs due to water quality issues and/or contamination caused by (but not limited to) bacteria, sediment, turbidity, sand, volatile organic chemicals, etc. WGC does not guarantee the quality of water; which repairs are at the Member's sole expense.

I. Payment, Fees and Terms – Annual, Monthly, Initial, and Adjustment Fees payments must be received prior to the Effective Date of the Agreement. Fees for non-covered services are payable in full when services are completed. Where the depth of the well plus distance to the house exceeds 500 feet , pressure tank greater than 60 gallons, pump greater than 1 hp, extra equipment (2nd tank) and those with Constant Pressure Systems, which if previously unknown (at the initiation of this Agreement), will be assessed and collected retroactively to the initial Effective Date when the actual depth/equipment charge is determined, and prior to WGC repair. Geothermally involved systems are subject by WGC prior to acceptance if disclosed/ detected, and possible surcharge. We reserve the right to terminate if we find a geothermal component after accepting the membership. Emergency service calls exceeding 3 per year are subject to a $250 fee per visit, payable prior to completion of services. WGC reserves the right to revise fees and charges as noted herein after the completion of the initial term of this Agreement and the then current charges and fees shall apply. This Agreement automatically renews; payment information on file will be used for automatic renewal. Cancellation by Member is effective as of the paid period. WGC reserves the right to charge a late/administrative fee of $25 for delayed/ failed payments. Failure to make timely payment immediately terminates WGC’s obligations under this Agreement. Returned checks are subject to a $35 return check fee.

J. Hold Harmless - Member will hold WGC and its Service Professionals harmless for any and all damage caused to the subject property, including lawns, shrubbery, trees, driveways, etc. which are caused by the normal servicing of the well and components, water and electric lines and drilling operations. All drilling debris is to remain at the job site

K. Damages Due to Services - WGC or its Service Professionals shall not be held responsible for damage to underground utilities such as electric lines, cable TV, gas lines, sewer or irrigation lines and heads. Member is responsible to mark or instruct the service crews, in writing, on items underground that might be damaged as a result providing Service (including calling Miss Utility). WGC specifically disclaims and this Agreement expressly excludes any liability of indirect, special, incidental, consequential or secondary damages including but not limited to, bodily injury or property damages of any nature. Except for negligence by WGC or is Service Professionals, WGC’s liability is limited to the annual Agreement fee, and Member releases WGC from any additional liability, after performance of contractual services. Member agrees to indemnify, defend and hold WGC harmless if any Third Party brings a claim against WGC relating to Services performed under this Agreement.

L. Limitations - WGC and its Service Partners are not responsible for defects to exterior well components existing as of the initial Effective Date of this Agreement, or Member damages from misuse or negligence including, but not limited to, opening the well, hitting the well with any object, destruction of water or electrical lines, normal wear/corrosion not affecting the quantity of water, or other acts which at the discretion of WGC void this Agreement. WGC Services do not cover repairs related to (a) water quality due to contaminated ground water having no connection with the proper function of the well or its components, (b) surface water intrusion/well contamination due to faulty concrete (including concrete lid/cover), steel or other casements, (c) water usage which exceeds the required 1 GPM minimum well yield (d) water treatment equipment malfunction (e) inadequate water pressure due to internal plumbing (f) electrical problems and (g) ancillary costs including, but not limited to living expenses during repair, business interruption, relocation expense or similar costs, damages to property, other than damage to water system components covered by this agreement. Member requesting the Service Call will be responsible and charged at prevailing service rates to remediate an issue not found to be a well defect and not affecting quantity of water. Member agrees to cooperate to minimize any and all conditions that may contribute to well or pump failure. Benefits are limited under this agreement and exclude all charges relating to accessing the well for needed repairs by obstructions, including, but not limited to, landscape or topography features making the well head inaccessible (including buried wells). Incremental costs of accessing the well and making repairs are hereby excluded. Wells between 500' and 1,000' are subject to surcharge retroactive to the start date of the agreement, at rates noted herein; and will be paid prior to the initiation of repairs. Wells over 1,000 feet are individually priced. Applies to WelGard Premium, Superior and Standard Products.

M. Testing - WGC is not responsible for any costs relating to equipment and well failures resulting from well yield testing (modified or regulatory) performed prior to the acceptance of this Agreement, including 3 and 6 hour tests as required by codes.

N. Change in Law - This Agreement is made in accordance with existing laws, rules and regulations. Any change in law, rules or regulations as it pertains to the services provided, WGC reserves the right to revise or terminate this Agreement.

O. Entire Agreement - This Agreement constitutes the entire agreement. Modification must be made in writing and signed by a corporate officer of WGC. This Agreement will be governed by and construed under the laws of the State of Maryland and each party consents to the personal jurisdiction and venue of the State and Federal courts of that State.

P. Enforcement - If any provision of this Agreement is deemed invalid, the invalid provision shall not affect the enforcement of any other.

Q. Default - Failure to pay any service fee or on-site fee will suspend all WGC services and may result in termination of this agreement and WGC’s obligations under this Agreement shall become null and void.

R. Change in Conditions - Should it become necessary to suspend or delay Services beyond the terms set forth herein due to conditions beyond WGC’s control, the temporary delay or discontinuance of Service shall not breach this Agreement.

S. Force Majeure - WGC’s liabilities and/or obligations under this Agreement shall be terminated if WGC is prevented from fulfilling its responsibilities under this Agreement by reason of delays or shortages of parts, acts of war, acts of God including but not limited to earthquakes, storms, floods, fires or if an act of God substantially alters or destroys the effectiveness of the Services.

T. Written Communications - Inquiries must be made in writing to WGC, Attn. Legal Dept. 8831 Satyr Hill Road Suite 104A Baltimore MD 21234.

At WelGard, our mission is to provide total peace of mind to homeowners with wells. We offer comprehensive and affordable well warranty services. We understand the worry that comes with owning a home with a well.

WelGard is waiting to hear from you.

Mail: [email protected]

Phone: 866.935.4273 (866.Wel.Gard)

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