Janitorial Contract Template

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A Janitorial Independent Contractor Agreement is a service contract between a cleaning provider and a client specifying duties, schedules, and payments. It is used to formalize cleaning services and limit liability for both parties.
JANITORIAL CONTRACT

 

This Janitorial Contract (the "Contract") is entered into on   (the "Effective Date") by and between 

 , an individual having their usual place of living at   (hereinafter referred to as the "Client"), and 

 , an individual having their usual place of living at   (hereinafter referred to as the "Contractor"), collectively referred to as the "Parties" and individually as the "Party".


WHEREAS the Client intends to engage the Contractor for cleaning services for the property specified herein;

WHEREAS the Contractor possesses the necessary qualifications for providing cleaning services and has the necessary licenses, permits, and certificates;

WHEREAS the Client, as the owner or authorized representative of the property, hereby grants the Contractor and the Contractor's employees, agents, and subcontractors reasonable access to the property for the purpose of performing the services described in this Contract;

WHEREAS the Client and the Contractor wish to enter into a formal agreement setting forth the terms and conditions of the cleaning services;

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, the Parties have agreed as follows:

SUBJECT OF THE CONTRACT. The Contractor agrees to perform the following services (the "Services") for the Client in connection with the cleaning of the property (the "Property") located at  , in compliance with all applicable laws, regulations, and building codes:

The Contractor shall begin providing the Services on   and shall complete the Services no later than  .

EQUIPMENT AND SUPPLIES. The   agrees to provide all the equipment and supplies required for performing the Services under this Contract, except for   for maintaining the Services that should be provided by the other Party.

PAYMENT TERMS. The Client agrees to pay the Contractor a fixed amount of   (the "Contract Amount") for the Services provided under this Contract. The Contract Amount shall be paid according to the following conditions: 

Payment term: The payment is due within   days before completion of the Services (the "Due Date").

Late payment: If the Client does not pay the Contract Amount by the Due Date, the Client shall be responsible for paying interest on the unpaid balance at the rate of  % per month or the maximum rate permitted by law, whichever is less.

Payment method: The Client shall pay the Contractor by cash. 

Taxes: The Contractor shall cover all taxes associated with the Services, including sales tax, use tax, and other applicable taxes.

Change orders and overtime: Prices for additional Services or modifications to the Services provided under this Contract, as well as overtime rates, shall be agreed upon in a separate Annex that should be signed by the Parties.

TERM OF THE CONTRACT. This Contract shall commence on the Effective Date and shall continue until   unless terminated earlier under the terms of this Contract. The Parties may extend the Contract by mutual written agreement under the terms and conditions established in this Contract.

Either Party may terminate this Contract without cause upon   days prior written notice. Either Party may immediately terminate this Contract if the other Party fails to perform in accordance with the terms of this Contract. 

 

In addition, either Party may terminate this Contract immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.

Upon termination of this Contract, the Client shall pay the Contractor for all Services satisfactorily completed by the Contractor through the date of termination, unless such termination results from a material breach of this Contract by the Contractor.

CONFIDENTIALITY. The Parties agree to keep all information disclosed during this Contract confidential and not to share such information with any third party unless required by law. In order to fulfill the Parties' obligations under this Contract, they agree not to use the confidential information for any purpose unrelated to this Contract.

This confidentiality clause shall remain in force after the termination or expiration of this Contract.

LIABILITY AND INDEMNIFICATION. The Contractor agrees to indemnify and hold harmless the Client against any claims, demands, suits, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from or related to the Contractor's performance under this Contract, with the exception of claims caused by the Contractor's negligence or willful misconduct. However, if it is found that both the Contractor and the Client contribute to the claim through fault or negligence, the Contractor's indemnification obligation shall be reduced by the percentage of fault assigned to the Client.

Liabilities of the Parties shall be limited to direct actual damages, given that maximum liability, whether based on the Contract, tort or otherwise, shall not, in any event, exceed the Contract price.

WARRANTY. The Contractor warrants that all Services provided under this Contract shall be performed in a professional manner, with reasonable care and skill, and following all applicable laws and regulations. 

The Contractor guarantees the quality and timely completion of the Services rendered under this Contract. If any quality defect is found in the Services within a reasonable time after completion of the Services, the Client shall provide the Contractor with the respective notice. The Contractor shall eliminate such defect(s) at no additional cost to the Client within reasonable time, but not later than within   days from the date of receipt of the Client's notice (the "Cure Period"). In the absence of a waiver by the Client, this Contract shall automatically terminate if the Contractor fails to remedy the defect(s) within the Cure Period. 

INSURANCE. The Contractor shall maintain insurance coverage in amounts sufficient to cover any liability arising from the performance of the Services under this Contract. This coverage includes general liability insurance, property damage insurance, and worker's compensation insurance. 

COMPLIANCE WITH REGULATIONS. The Contractor shall comply with all applicable laws, regulations, and industry standards related to cleaning and maintaining the Client's Property. 

 

FORCE MAJEURE. Neither Party shall be liable for any failure to perform or delay in performing the obligations under this Contract if such failure or delay is caused by events of force majeure, including but not limited to acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, governmental regulations, or any other similar causes beyond the reasonable control of the affected Party.

In the case of force majeure, the affected Party shall immediately notify the other Party in writing and provide reasonable proof of the cause of the delay or inability to perform the obligations. The Party affected by force majeure shall endeavor to mitigate the consequences of such circumstances and resume the performance of obligations as soon as possible after the circumstances cease to exist.

If the force majeure circumstances last more than   days, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.

 

NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered personally or by certified mail, a return receipt requested to the address set forth in the opening paragraph or to such other address as one Party may have furnished to the other in writing, or to emails set forth below.

If to the Client:

 

If to the Contractor:

 

Either Party may change its registered mail or email address for receipt of notices by giving written notice to the other Party. Notices shall be deemed received on the day of delivery if sent by hand or courier service or on the third business day after the date of posting if sent by registered mail or email.


GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and construed in accordance with the laws of the State of  , except for its conflict of laws principles. Any action or proceeding resulting from or related to this Contract or its breach that cannot be resolved by negotiations or mutual written agreements of the Parties shall be exclusively resolved by the courts of the State of  . 

SEVERABILITY. The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision of this Contract.

WAIVER. The failure of any Party to enforce a particular provision of this Contract shall not constitute a waiver of their right to enforce that provision in the future.

ENTIRE AGREEMENT. This Contract constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous agreements, negotiations, or discussions, whether oral or written, relating to the subject matter of this Contract. Any amendments or modifications to this Contract must be in writing and signed by both Parties. This Contract does not create a partnership or joint venture between the Parties, and neither Party has the authority to bind the other.

IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.

THE CLIENT

THE CONTRACTOR

 

 

 , USA
 , USA

 

Banking Details

Bank name:  

Account number:  

 

 

Banking Details

Bank name:  

Account number:  

 

__________________________________
(Place for signature)

__________________________________
(Place for signature)

 

 

 

 

Written by Megan Thompson - Reviewed by Jonathan McGill

Template Description

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Paper titled "Janitorial Contract", woman standing with a mop, man throwing a paper bundle, office desk between them

Templates combine the flexibility of a customizable document with the certainty of a legally enforceable document. Owners need to control all possible aspects of their operations, and they need to know that a person or entity will back them up.

When people use a janitorial services contract template from Loio, they create legally enforceable documents that are downloadable and tailored to their needs with just a few clicks by answering specific questions.

What Is a Janitorial Contract?

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A janitorial contract template is especially important today. Individuals have many responsibilities which must be listed in the janitorial contract. Generally, they’re responsible for sanitization and other health and safety measures.

Additionally, janitors must visually inspect climate control devices, like fans and HVAC vents, to ensure no mold or other possible airborne danger is visible. Finally, janitors must address fall hazards, such as wet spots on floors.

Legally, a janitorial or other contract has three basic elements: offer/acceptance, consideration, and mutuality. The offer and acceptance must be clear and negotiable, and the contract can be void if one of the parties has grossly unequal bargaining power.

Additionally, there must be valid consideration for the parties and a mutual consensus for a contract to be valid.

Parties of the Janitorial Contract

Most janitorial contracts have two parties: the janitor and the employer. These could be legal entities, independent contractors, or employees.

We should pause briefly and explain the difference between a party and a third-party beneficiary. Assume Peter agrees to be XYZ Company’s janitor. The contract stipulates that ABC Company will furnish all janitorial supplies. Although mentioned in the janitorial contract, ABC Company is a third-party beneficiary. If Peter uses a different supply company, XYZ Company could sue for breach of the janitorial contract, but ABC Company has no legal rights.

Key Terms

A good janitorial contract template or a commercial cleaning contract sample is like a good speech. The template covers all the important points but doesn’t drag on and on. These key terms include:

  • Parties: Generally, parties cannot assign their rights and obligations. So, if XYZ uses a payroll company, which is a third-party beneficiary, the contract terms must spell out this arrangement.

  • Activities: “Clean the office every day” is a vague and meaningless phrase. At the same time, the janitorial contract need not include every specific detail. 

  • Warranty: The janitorial contract should include quality and service warranties (guarantees). Janitors have very important responsibilities, and employers must have assurances that they’ll follow through with these tasks. 

  • Indemnification: An indemnification is a strong and specific liability waiver. If Party A indemnifies its work, if that work does not meet Party B’s standards or expectations, Party A must correct the situation. Furthermore, an indemnification usually applies to a specific activity, such as a particular janitorial service.

  • Breach: The contract should draw a line between breaches and non-breaches. For example, per the janitorial services contract, if janitors come to work late three times a month, they might be in breach of their contracts.

Usually, if disputes arise, the four-corners rule applies. The printed contract is the entire agreement. If Peter’s boss accommodates Peter’s schedule and suddenly stops doing so unless the change is in writing, Peter might be out of luck.

What Happens If I Opt Not To Make a Contract for Janitorial Services?

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If the parties don’t use a good janitorial contract template to prepare an agreement, the opposite happens.

Disputes inevitably arise during an employer/employee relationship. Written janitorial services contracts eliminate uncertainty in these situations.Without a written contract, the parties are free to make up the details as they go along.

Some janitorial services relationships should be informal, usually depending on the length and nature. For example, if Jane occasionally helps Sarah with cleaning her house and misses a day, Sarah may not mind and handle it by herself. On the other hand, if the contract is for an extended period of time, consistent cleaning is important. A clear, written contract avoids this problem.

What Is Included in a Janitorial Services Contract?

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A janitorial contract template can help avoid disputes on the validity of the terms of services. Usually, contracts include the following:

  1. Preamble (names, dates, parties, and identification of pronouns, like the Client and Contractor)

  2. Recitals (background to the agreement)

  3. Promises (usually preceded by ‘Now’ ‘Therefore’ or similar language)

  4. Definitions

  5. Actions

  6. Warranties and Representations (an assertion that certain facts are true like the janitor is legally authorized to work in the United States)

  7. Covenants

  8. Conditions

  9. General Provisions (such as choice of law, disclaimers, and arbitration clause)

There’s nothing magical about these components of a contract. Later, if a judge or arbitrator must resolve a dispute, predictable components make the contract easier to read.

Many contracts have arbitration clauses. Arbitration is a private trial. Generally, the arbitration process is much faster than the judicial process. Furthermore, when parties arbitrate their disputes, they don’t hang their dirty laundry for everyone to see.

How To Write a Janitorial Contract?

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It is essential to create a janitorial contract that is legally enforceable and outlines all the details of services. Loio streamlines the process by providing legally sound, pre-designed contract templates. Users have a choice to customize clauses according to their needs, can fill in necessary details, and download professional contracts in minutes.

1. Fill Out the Necessary Information

Our janitorial contract templates are easy to use, fill in the blanks templates. If vital information, like names and dates, is at your fingertips, the janitorial contract template might only take a few minutes to customize. A clear and enforceable janitorial services contract gets the employer-employee relationship off to a good start.

2. Coordinate With the Counterpart

An enforceable janitorial contract includes a meeting of the minds. Simply emailing the contract to the janitor for their signature might transform the document into a contract of adhesion.

3. Negotiate Essential Terms of the Contract

Janitorial employment agreements aren’t janitorial contracts unless all terms are fully negotiable. These negotiations need not be protracted. In fact, they shouldn’t be extensive. A potential employee unwilling to fully embrace all janitorial contract terms is probably not someone you want on your team.

4. Signing

If parties agree to the terms and conditions of the contract, a signature is required by both to make the contract enforceable and binding.

Why & When Use a Janitorial Contract

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A janitorial contract helps define the responsibility of the cleaner, payment schedules, the schedule for cleaning, and other terms. It plays an important role in establishing clear expectations and ensuring consistency and quality of the work. If you have a commercial space, it might be a good idea to draft such a contract.

Common Use Cases

A janitorial contract doesn’t just go on a shelf or an email subfolder. A well-drafted contract, based on a good janitorial contract template, helps employers and employees resolve everyday disputes without arguing and creating hard feelings.

These contracts are more common where professional cleaning is required in a commercial setting. For instance, facilities like educational campuses, hospitals, office buildings, and government and municipal buildings.

When Not To Use a Janitorial Contract

A janitorial contract might not be required if your company has a DIY policy where everyone is encouraged to keep the place clean. Similarly, for one-time agreements for cleaning workspaces, it might be unnecessary to draft a full contract.

A janitorial contract might not be required if your company has a DIY policy where everyone is encouraged to keep the place clean. Similarly, for one-time agreements for cleaning workspaces, it might be unnecessary to draft a full contract.

Related Documents

Also read

Importance of Confidentiality Agreements in Janitorial Services
Janitorial Contract Preview
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