Triad Peak
Production & Design LLC
-Terms of Service -
Effective Date: [03/01/25]
1. Binding Agreement & Acceptance
This section constitutes a legally binding contract between Triad Peak Production & Design LLC (a Utah limited liability company), conducting business as “Triad Peak Custom Fabrication” (collectively, the “Company,” “we,” or “us”), and the Client (“Client,” or “you”).
A. Methods of Irrevocable Acceptance By paying an initial deposit, requesting services, or otherwise engaging the Company for a project, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. You formally accept and are bound by these Terms upon the occurrence of any of the following "Triggering Events":
Financial Action: Remitting a full or partial deposit, progress payment, or final payment to the Company or any of its members.
Written Communication: Issuing a "Notice to Proceed" or approval of a Quote/Estimate via email, text message (SMS), or digital messaging apps (e.g., Houzz, Instagram, Facebook).
Site Engagement: Requesting and/or allowing the Company to perform on-site measurements, site inspections, or custom design/CAD work.
Formal Execution: Physical or electronic signature on a Quotation, Invoice, or Change Order.
B. Trade Name & Entity Clarification The Client acknowledges that “Triad Peak Custom Fabrication” is a registered trade name (DBA) for Triad Peak Production & Design LLC. All contracts, warranties, and liabilities are held exclusively by the LLC. The use of either name in communication, branding, or billing does not create a separate legal entity or personal liability for the Company’s members.
C. Supremacy & Scope These Terms are incorporated by reference into every Quotation, Invoice, and Change Order issued by the Company. This agreement supersedes and replaces any prior verbal or written agreements, including any "Standard Terms" provided by the Client or a General Contractor, unless a specific written "Override Addendum" is signed by Cody Wayne Jay or Zane Richard Young.
D. Authority to Bind Any individual requesting service on behalf of a business, HOA, or household warrants that they have the actual legal authority to bind that entity or household to these Terms.
2. Individual Liability Release & LLC Protection
The Client acknowledges and agrees that all Work is contracted for, performed by, and managed strictly through Triad Peak Production & Design LLC (a Utah limited liability company), which may also conduct business under the trade name “Triad Peak Custom Fabrication.”
DBA Clarification: The Client understands that “Triad Peak Custom Fabrication” is a trade name (DBA) for the LLC and that all legal and financial obligations rest solely with Triad Peak Production & Design LLC.
The "Corporate Veil" Guarantee: The Client understands that Cody Wayne Jay and Zane Richard Young (collectively, the “Members”) are acting solely as representatives and agents of the LLC. Under no circumstances shall any Member, employee, or subcontractor be held personally liable for the debts, obligations, or liabilities of the Company, whether arising in contract, tort, or otherwise.
Waiver of Personal Claims: To the maximum extent permitted by Utah law, the Client hereby formally waives, releases, and discharges Cody Wayne Jay and Zane Richard Young, individually and personally, from any and all claims, demands, or causes of action arising from or related to the Work, including but not limited to claims of negligence, breach of contract, or construction defects.
Sole Recourse: The Client’s sole and exclusive recourse for any claims or disputes related to the Work shall be against the assets and applicable insurance policies of Triad Peak Production & Design LLC..
3. Comprehensive Indemnification & Hold Harmless
The Client agrees to defend, indemnify, and hold harmless Triad Peak Production & Design LLC (dba “Triad Peak Custom Fabrication”), as well as Cody Wayne Jay and Zane Richard Young personally, from and against any and all claims, suits, demands, damages, losses, liabilities, and expenses (including, but not limited to, reasonable attorney's fees, expert witness fees, and court costs) arising out of or resulting from the following:
Use and Misuse of Work: Any claim involving the use, misuse, or application of the fabricated Work by the Client, the Client’s guests, tenants, employees, or any third party.
Third-Party Personal Injury: Any injury, disability, or death occurring on, under, or around the Work after the Company has completed installation or delivered the product.
Property Condition & Structural Failure: Any claims arising from the structural failure of the Client’s property, including but not limited to wall failure, subfloor rot, or the failure of any substrate to which the Work was attached.
Off-Road & Motorsports Use: Any and all claims arising from the failure of parts fabricated for off-road or motorsports use, acknowledging the inherent danger of such activities (as further defined in Section 11).
Regulatory & Code Violations: Any fines, legal actions, or "tear-out" orders resulting from the Client’s failure to ensure the Work complies with local building codes, ADA requirements, or zoning ordinances.
Breach of Warranty/Contract: Any claim resulting from the Client’s breach of the warranties, site-prep obligations, or payment terms outlined in these Terms.
Duty to Defend: The Client’s obligation to indemnify includes the immediate duty to provide and pay for a legal defense for the Company, Cody Wayne Jay, and Zane Richard Young upon the filing of any claim that falls within this section, regardless of whether the claim is ultimately found to have merit.
4. Scope of Work & Change Orders
The Company’s commitment is strictly limited to the written specifications and designs approved in the final Quotation.
Exclusivity of Scope: The "Work" is strictly limited to the specific items, quantities, and materials explicitly itemized in the written Quotation. Any task, material, or design feature not listed is considered outside the scope of work and will not be performed unless a Change Order is executed.
The "Change Order" Process: Any request by the Client for additions, alterations, or deviations from the approved design, including changes to dimensions, material types, or finishes (e.g., a late request for Oil Rubbed Bronze) constitutes a "Change Order."
Billing for Changes: Work on Change Orders will not commence until the Client provides written approval. Each Change Order will be billed as follows:
Material Costs: Any new materials required, plus a handling fee.
Labor & Design: Billed at the Company’s standard shop and design rates.
Sunk Costs: The Client is responsible for 100% of the cost of any materials already cut or specialized parts ordered that are rendered unusable by the change.
Timeline Impact: The execution of a Change Order automatically voids the original estimated Lead Time. A new estimated completion date will be provided once the change is finalized.
Administrative Fees: The Company reserves the right to charge a flat administrative fee ($250) for processing complex Change Orders to cover the time spent re-calculating models in SolidWorks and re-ordering materials.
5. Intellectual Property (IP) & Website Use
The Client acknowledges that the Company’s value is derived from its specialized design, engineering, and fabrication expertise. All creative and technical assets remain the property of the Company.
Ownership of Proprietary Assets: All fabrication methods, proprietary processes, trade secrets, shop drawings, 3D models, CAD files, and technical specifications created by the Company (including those created in SolidWorks or other design software) remain the exclusive intellectual property of Triad Peak Production & Design LLC.
Limited License to Use: Upon final payment, the Client is granted a non-exclusive, non-transferable, and revocable license to use the final physical product for its intended purpose. This license does NOT include the right to:
Reproduce the design for additional projects.
Use the Company’s technical files or drawings for third-party fabrication.
Modify the design without the Company’s written consent.
CAD & Source Files: Unless explicitly purchased as a separate "IP Transfer" line item in the Quotation, the Company does not provide raw CAD, source files, or editable technical drawings to the Client. These are considered trade secrets.
Marketing & Media Rights: The Client hereby grants the Company an irrevocable, royalty-free, worldwide license to photograph, film, and record the Work (both in-progress and completed) at the Client’s site or the Company’s shop.
The Company may use this media for any lawful purpose, including but not limited to social media (e.g., "Welding Wisdom Wednesdays"), portfolio displays, website content, and advertising.
The Company agrees to omit the Client’s specific address or personal identity from public captions unless otherwise agreed.
Client-Provided Intellectual Property: If the Client provides logos, blueprints, or designs for the Company to incorporate, the Client warrants that they own the rights to those materials and shall indemnify the Company against any copyright or trademark infringement claims.
6. Design, 3D Modeling & Final Approval
The Company’s fabrication process is "Design-First" to ensure precision. The Client acknowledges that the approval phase is the final opportunity to verify the Work’s specifications.
Commencement of Design Work: The 3D modeling, engineering, and design phase will not commence until the 50% non-refundable deposit has been received and cleared in full.
Design Timeline: Once the deposit is cleared, the Client acknowledges that the creation of initial 3D models (SolidWorks) and shop drawings may take up to two (2) weeks to complete, depending on the complexity and scope of the project.
Mandatory Final Approval: Fabrication will not commence until the Client provides written approval (via email, text, or digital signature) of the final design, 3D models, dimensions, and material specifications. This approval serves as a formal "Notice to Proceed."
Client Responsibility for Accuracy: The Client is solely responsible for verifying that the approved design meets their functional requirements and site conditions. The Company is not liable for errors, omissions, or fitment issues in any design that has been approved by the Client, nor for dimensions provided by the Client or third parties.
Revision Limits & Design Fees: The original Quotation includes up to two (2) minor design revisions.
"Minor revisions" are defined as small aesthetic adjustments that do not require a complete redesign of the structural geometry.
Any additional revisions, or major redesigns requested after the first two, will be billed at the Company’s standard hourly design rate ($100/hr).
Handcrafted Nature & Aesthetic Variance: The Client acknowledges that custom metalwork is handcrafted.
Welded Construction: Unless explicitly noted as "Forged," all balusters, slats, and infills are welded.
Metal Variance: Minor variations in weld appearance, surface texture, and finish are standard characteristics of custom fabrication and are not considered defects.
Wood Accents, Top Caps & Stain Variance: For projects incorporating natural wood (e.g., top caps or handrails), the Client acknowledges that wood is a natural, unpredictable material. Inherent variations in grain pattern, texture, and color are standard. The way wood absorbs stain varies from piece to piece, and the Company cannot guarantee an exact color or grain match to existing home finishes (like flooring or cabinets) or physical/digital samples. Due to material length limitations and geometric requirements (such as turns, landings, or long runs), wood components may require splicing, scarf joints, or mitered corners. The Client acknowledges that these seams and joints will be visible and may become slightly more pronounced over time due to natural wood movement. Furthermore, wood naturally expands, contracts, and may experience minor "checking" (surface splitting) due to changes in temperature and humidity. The Company is not liable for these natural variations, visible joints, or environmental movements, and they are not considered defects.
Dimensions: A tolerance of plus or minus 1/8” is standard for all custom metal Work.
The "Cut-Off" Point: Once the Client has provided final approval and metal has been cut or materials ordered, the design is considered "Locked." Any changes requested after this point will be processed as a Change Order (see Section 4) and will result in additional material costs, labor fees, and an automatic reset of the estimated Lead Time.
The Expedited Waiver Exception: If the Client demands an expedited deadline, refuses to review the 3D models, or instructs the Company to proceed without formal approval to save time (e.g., "just build it"), the Client formally waives this review phase. In such instances, the Client accepts the final product "as-is" and assumes 100% of the liability for aesthetics, dimensions, fitment, and design choices. Any modifications required after a waived approval will be billed strictly as a Change Order.
7. Lead Time, Scheduling & Force Majeure
The Company strives for efficiency; however, custom fabrication is a complex process subject to external variables. The Client agrees that timing is not of the essence unless a "Hard Deadline Guarantee" is purchased as a separate, written contract addendum.
Estimated Nature of Timelines: All lead times provided (typically 4–9 weeks) refer strictly to the fabrication phase and are good-faith estimates based on shop capacity and material availability at the time of the Quotation. Lead times are not guaranteed delivery dates.
The "Green Light" Trigger: The estimated fabrication lead time does not officially commence until the Company has received both: (1) the full 50% non-refundable deposit, and (2) final written approval of all 3D designs and dimensions. The up-to-2-week design phase (outlined in Section 6) is separate from, and occurs prior to, the fabrication lead time. Any delay by the Client in providing design approvals will result in a day-for-day (or greater) extension of the timeline.
Exclusion of Liquidated Damages & Back-Charges: The Company shall not be liable for any financial losses, "lost rent," contractor delay fees, or liquidated damages claimed by the Client or third parties due to project schedule shifts. The Client waives all rights to offset or deduct from the final invoice due to delays.
Third-Party & Supply Chain Delays: The Company is not responsible for delays caused by third-party vendors (e.g., powder coating facilities, laser cutting services, or shipping carriers) or global material shortages.
Force Majeure: The Company shall be excused from performance for any period during which it is prevented from fabrication or installation due to causes beyond its reasonable control, including but not limited to: fire, extreme weather, power outages, labor strikes, equipment failure, or government-mandated "stop-work" orders.
Schedule Fluctuations: The Company reserves the right to re-prioritize shop workflow as necessary to ensure the quality and safety of all projects.
8. Financial Terms, Late Fees & Interest
The Company’s financial stability is essential to maintaining high production standards. The Client agrees to the following strict payment protocol:
Non-Refundable Deposit: A 50% deposit is required to secure a position in the production schedule and to initiate material procurement. Because materials are custom-ordered and design work begins immediately, this deposit is strictly non-refundable.
Final Payment Milestone: The remaining 50% balance is due immediately upon project completion (or pickup of parts).
"Completion" is defined as the moment the Work is ready for delivery or has been installed.
For "Supply Only" projects, payment must clear before Work leaves the Company's shop.
Late Payments & Accruing Interest: In accordance with Utah law, any balance unpaid after 15 calendar days from the final invoice date shall be considered in default.
Defaulted accounts shall accrue interest at a rate of 1.5% per month (18% per annum), or the maximum rate permitted by law, whichever is lower.
Interest shall be calculated from the original due date and shall compound monthly until the balance and all interest are paid in full.
Collection Costs & Attorney Fees: The Client shall be responsible for all costs of collection, including but not limited to: reasonable attorney fees, court costs, filing fees, and third-party collection agency commissions (which often exceed 30% of the principal).
Preliminary Notice & Mechanic’s Lien Rights: In accordance with Utah law, the Company reserves the right to file a Preliminary Notice with the Utah State Construction Registry (SCR) upon the commencement of Work or delivery of materials. The Client acknowledges that filing a Preliminary Notice is standard operating procedure to preserve the Company’s legal rights and does not reflect a negative assessment of the Client’s creditworthiness. In the event of default or non-payment, the Company reserves the full legal right to perfect and enforce a mechanic’s lien against the project property.
Retention of Title & Right to Reclaim: The Company retains full legal title and a purchase money security interest in all Work and materials until the final invoice is paid in full.
The "Repo" Clause: In the event of non-payment, the Client hereby grants the Company an irrevocable license to enter the Client’s premises (or the project site) to peaceably reclaim and remove the Work. The Company is not responsible for any cosmetic damage to the site (e.g., bolt holes) resulting from the necessary removal of un-paid-for materials.
Payment Methods & Fees: We accept Cash, Check, ACH, and Credit Cards. Payments made via Credit Card may be subject to a 3% processing fee where permitted by law.
9. Installation & Site Hazards
The Company’s installation services are performed with professional care; however, the Company is not responsible for site conditions beyond its control.
Structural Integrity & Substrate Warranty: The Client warrants that all installation surfaces (walls, floors, decks, or stairs) are structurally sound and contain adequate internal backing, such as solid wood blocking, steel studs, or sound concrete.
The "Hollow Wall" Disclaimer: The Company is not liable for installation failures, instability, or "wobbling" resulting from insufficient framing, rotted subfloors, thin drywall, or "hollow" substrates that lack proper mounting points.
Structural Assessment: The Company is a fabricator, not a structural engineer. Any assessment made by the Company regarding the strength of a site's framing is a "good faith" opinion and does not constitute a structural guarantee.
Hidden Obstructions & Utilities: The Client is solely responsible for identifying and clearly marking all hidden utilities and structural elements prior to the Company’s arrival.
The "No-Strike" Clause: The Company, Cody Wayne Jay, and Zane Richard Young are not liable for any damage, flooding, or electrical fires resulting from striking unmarked obstructions, including but not limited to: sprinkler lines, electrical conduit, radiant heat pipes, gas lines, and post-tension cables.
Concrete Drilling: The Client acknowledges that drilling into concrete slabs (especially in Utah) carries a risk of striking post-tension cables. The Client assumes all liability for such events unless they have provided a certified X-ray scan of the slab prior to drilling.
Site Readiness & Re-Measurement Fees: The Client must ensure the site is ready for installation upon the Company’s arrival.
Site Changes: Any changes made to the site (e.g., adding new flooring, thicker treads, or moving walls) after the Company’s final measurements were taken will result in an automatic Change Order.
Wait Time: If the Company is delayed on-site due to site unreadiness, the Client will be billed at the Company’s standard hourly field rate ($140/hr) for all standby time.
Cosmetic Touch-Ups: Installation often requires drilling, welding, or grinding. While the Company takes care to minimize impact, we are not responsible for "feathering" paint, patching drywall, or repairing minor cosmetic scuffs to surrounding surfaces (walls/floors) inherent to the installation process.
10. Code Compliance & Liability
The Company is a custom fabrication specialist and does not act as a licensed architect, structural engineer, or building code consultant.
The "Compliance is Client’s Burden" Rule: The Client is solely and exclusively responsible for ensuring that the requested design, dimensions, and materials comply with all local municipal building codes, HOAs, fire codes, and ADA (Americans with Disabilities Act) requirements.
Custom Requests vs. Safety Codes: While the Company strives to build to standard safety practices (e.g., the "4-inch sphere" rule for railings), any design requested by the Client that deviates from these standards is performed strictly at the Client’s own risk. * If the Client requests a "ladder-effect" railing or wider spacing than code allows, the Client hereby waives all claims against the Company for any resulting safety failures or code violations.
Permits & Inspections: Unless specifically itemized as a separate line item in the Quotation, the Company is not responsible for:
Identifying the need for, or obtaining, building permits.
Scheduling or attending city inspections.
Paying permit or engineering fees.
Engineering Stamps: If a project requires a Professional Engineer (PE) stamp, the Company will facilitate the design, but the cost of the third-party engineering review shall be the sole responsibility of the Client.
Non-Conforming Work: If a building inspector requires modifications to the Work to meet code, and those modifications were not explicitly included in the original approved design, such modifications will be billed as a Change Order.
11. Finish & Maintenance Warranty
The Company provides a high-standard finish on all products; however, the Client acknowledges that all metal finishes require owner maintenance to ensure longevity.
One-Year Limited Workmanship Warranty: The Company warrants all structural welds and fabrication integrity for a period of one (1) year from the date of installation or delivery. This warranty is limited to the repair or replacement of the defective component at the Company’s sole discretion.
Finish Disclaimer (Powder Coat & Paint): While the Company utilizes high-quality industrial primers and powder coats (including specialized finishes like Oil Rubbed Bronze), the Company provides no warranty on finishes against:
Standard Wear and Tear: Fading, chipping, or scratching caused by physical impact or usage.
Environmental Corrosion: Oxidation (rust) or peeling resulting from exposure to de-icing salts (magnesium chloride), pool chemicals, fertilizers, or standing water.
Substrate Migration: Minor rust "bleeding" from internal joints on exterior steel projects, which is a natural occurrence in non-sealed custom hollow-section metalwork.
Maintenance Requirements: Custom metal Work—especially exterior steel—must be kept clean and dry. The Client is responsible for inspecting the finish annually and performing "touch-ups" on any chips or scratches immediately to prevent rust from spreading under the coating.
Ferrous Material Acknowledgment: The Client understands that steel is a ferrous material. If the protective finish is breached for any reason, rust will occur. The Company is not responsible for rust that occurs after the Work has been accepted.
Voiding of Warranty: This warranty is automatically void if the Work is:
Modified, repaired, or tampered with by anyone other than the Company.
Subjected to abnormal loads or used in a manner inconsistent with its design.
Attached to a failing substrate (e.g., rotted wood) that causes stress on the welds.
12. Assumption of Risk (Powersports & Off-Road)
The Company specializes in custom fabrication for off-road, racing, and powersports applications. The Client acknowledges that these activities are inherently dangerous and involve significant risk of property damage, serious bodily injury, or death.
"Off-Road Use Only" Designation: All parts, components, and modifications fabricated by the Company for vehicles are sold and installed strictly for Off-Road Use Only. The Company makes no claim that these parts meet Department of Transportation (DOT) safety standards for use on public highways.
Assumption of Total Risk: The Client voluntarily assumes all risk associated with the use of the Work. This includes, but is not limited to:
Mechanical failure under extreme stress.
Failure of the vehicle’s original mounting points or frame.
Injuries resulting from high-speed impacts, rollovers, or racing conditions.
No Performance Guarantee: Due to the unpredictable nature of off-road environments, the Company does not warrant that any fabricated part (e.g., bumpers, sliders, cages) will prevent injury or damage during a collision or rollover. These parts are intended for utility and aesthetics and are not "safety-rated" devices.
Client-Directed Designs: If the Client provides a specific design or "sketch" for a vehicle modification, the Company is acting solely as a fabricator. The Company is not responsible for the engineering viability or safety of Client-directed designs.
Waiver of Product Liability: To the fullest extent permitted by Utah law, the Client waives any and all product liability claims against Triad Peak Production & Design LLC, Cody Wayne Jay, and Zane Richard Young related to the failure of components used in racing or off-road environments.
13. Website Use, Digital Terms & Policy Changes
The Company’s digital assets and website are proprietary. By accessing https://www.triad-peak.com/, you agree to the following:
Ownership of Digital Content: All content on the website—including project galleries, “Welding Wisdom Wednesday” videos, logos, and written text—is the exclusive property of Triad Peak Production & Design LLC.
The "No-Theft" Rule: You are strictly prohibited from "scraping," downloading, or reproducing our project photos to represent them as your own work or for any other commercial use.
Accuracy of Digital Representations: While we use high-resolution photography, the Company does not warrant that digital images of finishes (such as Oil Rubbed Bronze or specific powder coats) will perfectly match the physical product. Monitor settings and lighting vary; the physical sample or final product is the "Source of Truth."
Changes to These Terms: The Company reserves the right to modify, update, or "beef up" these Terms at any time without prior individual notice.
Website as Master Copy: The version of the Terms posted on the website at the time of your deposit or most recent engagement governs the project.
Responsibility: It is the Client’s responsibility to review these Terms periodically. Continued engagement with the Company or use of the website following an update constitutes your formal acceptance of the revised Terms
14. Governing Law & Venue
These Terms shall be governed by, and construed in accordance with, the laws of the State of Utah, without regard to its conflict of law principles.
Exclusive Venue: Any legal action, suit, or proceeding arising out of or relating to these Terms or the Work shall be instituted exclusively in the state or federal courts located in Salt Lake County, Utah.
Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Waiver of Jury Trial: To the maximum extent permitted by law, the Client and Company waive their right to a trial by jury in any judicial proceeding involving a dispute arising under this agreement.
Triad Peak Production & Design LLC
(801) 855-6691 | info@triad-peak.com
Licensed & Insured | Member of Blue Collar Connect