TVA Energy Right® Residential Services
Agreement to Participate

I agree to participate on a voluntary basis in the EnergyRight Residential Services (Program) being conducted by my local power company (LPC), its wholesale supplier of power, Tennessee Valley Authority (TVA), and their implementation contractor, including Home Energy Advisors. (As used in this agreement, “I” and “Participant” mean both the owner and the tenant, unless otherwise specified.) The Program provides the Participant with a Quality Contractor Network (QCN) that is available for installing eligible upgrades and access to rebates. The Program provides the Participant with an optional scoring tool to help the Participant make smart energy decisions, which includes an efficiency score and an efficiency report identifying recommended upgrades. I understand and agree that my single-family dwelling (Residence) will be used in the Program for data collection and analysis.

Program information is located on the TVA EnergyRight website at www.energyright.com. I have read and understand the terms of participation in this Agreement to Participate (this Agreement), including that the Program is limited to identifying recommended upgrades and access to the QCN, and I agree to participate in the Program under these terms and conditions:

  1. I understand that this Agreement will take effect on the date I sign this Agreement and will remain in effect until the date the Program ends.
  2. I have not sold my Residence prior to completion of the eligible installation(s) and/or upgrade(s).
  3. I understand that I must confirm participation in this Program with the QCN member(s) I select to install upgrades to the Residence.
  4. By participating in the Program, I agree and certify that the respective installation(s) and/or upgrade(s) were satisfactorily completed and installed.
  5. I understand that my QCN member must submit the installation(s) and/or upgrade(s) to TVA within 30 days following their completion to be eligible for Program rebate(s).
  6. I understand that the installation(s) and/or upgrade(s) may be selected by TVA for inspection(s) to assure installation quality in the Program and, if contacted for an inspection, I will make the Residence available for inspection by my LPC, TVA, or their contractor. These inspections are solely for the benefit of the LPC and TVA to help assure Program purposes are being achieved and that these inspections neither create nor imply any duty or obligation to me. I understand and agree that I am responsible for being present for any inspections to assure my interests are protected, and that I am responsible for having a qualified gas or oil heating specialist check all gas or oil-fired, forced-air furnace systems and all other gas appliances and devices for compliance with all applicable codes and regulations. I understand I should have a carbon monoxide monitor installed in my home if it has an attached garage or any gas appliances.
  7. I agree to my LPC, TVA or their contractor performing evaluation, measurement, and verification (EM&V) of the installation(s) and/or upgrade(s) to determine energy impacts and Program effectiveness. Information gathered for EM&V may include, but need not be limited to, electricity metering data, Residence billing history (before, during, and after the upgrade) from my LPC, onsite verification of installations and Program compliance, project records/invoices, and performance satisfaction surveys. I understand that my LPC, TVA, and their contractor will, to the extent permitted by law, hold all information collected as confidential and will be used for program evaluation purposes only.
  8. I understand that I may have an opportunity to receive a rebate for eligible upgrades installed by a QCN member (as noted on the Rebate Schedule on energyright.com). I understand I will not receive a rebate if I do not complete the rebate claim process. I understand that I will not receive a rebate for any upgrade for which I have previously received an incentive through any EnergyRight program. I understand that rebates are not available for all program upgrades. I understand and agree that any rebate(s) will be paid to the person identified as the Customer on the project application submitted by my QCN member.
  9. I understand that I may elect to participate in the Program multiple times by making new, eligible installations and/or upgrades to the Residence and that there may be related quality assurance inspection(s) as well as the opportunity for rebate(s) per the terms of this Agreement.
  10. I understand that all installations and/or upgrades made will be my responsibility and will be done at my cost. All installations and/or upgrades must be performed by a QCN member to be eligible for Program participation, including the possibility of receiving any rebates. All installations and/or upgrades must have any government permits required by law and must meet all local, state, and federal requirements including but not limited to contractor licensing and passing any applicable code inspections.
  11. I understand that by signing this Agreement I give permission for TVA or its agent to share my evaluation / inspection data with QCN member(s) that make upgrades to the Residence. I give permission for my LPC or its representative to make reasonable information concerning use of my electrical equipment or upgrade at the Residence available to TVA or its agent.
  12. THERE IS NO GUARANTEE OR WARRANTY, EITHER EXPRESS OR IMPLIED, FROM MY LOCAL POWER COMPANY, TVA, OR THEIR IMPLEMENTATION CONTRACTOR AS TO THE WORK PERFORMED, ANY OF THE UPGRADES INSTALLED, OR THEIR ADEQUACY OR EFFECTIVENESS. I AGREE TO RELEASE, INDEMNIFY, DEFEND, AND SAVE HARMLESS MY LOCAL POWER COMPANY, TVA, THE UNITED STATES OF AMERICA, THEIR IMPLEMENTATION CONTRACTOR, AND THEIR RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, AND CONTRACTORS FROM ALL LIABILITY, CLAIMS, DEMANDS, CAUSES OF ACTION, COSTS, OR LOSSES FOR PERSONAL INJURIES, PROPERTY DAMAGE, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, INDIRECT DAMAGES, OR LOSS OF LIFE OR PROPERTY, SUSTAINED BY ME, MY AGENTS, MY FAMILY, OR THIRD PARTIES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, THE HOME ENERGY EVALUATION, INSPECTION, THE EFFICIENCY SCORE OR EFFICIENCY REPORT, THE RECOMMENDED UPGRADES, OR THE INSTALLATION, TESTING, OPERATION, MAINTENANCE, REPAIR, REPLACEMENT, REMOVAL, DEFECT, OR FAILURE OF MY ENERGY EFFICIENCY INSTALLATIONS AND/OR UPGRADES. THE OBLIGATIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
  13. I authorize TVA and my LPC, or their implementation contractors and affiliates, to send marketing and non-marketing SMS text messages to me manually or using an autodialer regarding my participation in the Program and other opportunities to participate with TVA EnergyRight. I understand that consent to receive SMS text messages is not required to participate in the Program and that I may opt-out of receiving SMS text messages at any time by contacting Customer Support at 1-844-372-6732. I acknowledge that standard message and data rates may apply.
  14. If the Residence is rental property, I, the owner and I, the tenant, give my permission for the Residence to participate in the Program. I will cooperate with the other parties participating in the Program as set out in this Agreement.
  15. Federal law will govern the validity, interpretation, and enforceability of this Agreement. In the event federal law states no rule of decision with respect to any particular dispute or claim related to this Agreement, the laws of the State of Tennessee, but not its choice of law provisions, will govern. The parties agree that the United States District Court for the Eastern District of Tennessee shall have the exclusive jurisdiction and venue for any such actions under this Agreement. The parties hereby irrevocably waive any right to trial by jury in any action brought under this Agreement.
  16. By signing this Agreement, I agree that I must review, understand, and comply with the Rebate Schedule and the TVA EnergyRight Program Guidelines and the Program requirements as listed at www.energyright.com.