Painting Contract Template
This Painting Contract (the "Contract") is entered into on (the "Effective Date") by and between
, an individual registered at (the "Client"), and
, an individual registered at (the "Service Provider"), collectively referred to as the "Parties" and individually as the "Party".
WHEREAS the Client desires to engage the Service Provider to provide painting services, and the Service Provider is willing to offer such services, subject to the terms and conditions outlined in this Contract;
NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and upon other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties have agreed as follows:
SUBJECT OF THE CONTRACT. The Service Provider agrees to perform the following painting services (the "Services") for the Client in the property (the "Property"), located at , in compliance with all applicable laws, regulations, and building codes:
Additional services. If either Party, while performing the Services outlined in this Contract, identifies the need for additional work not initially foreseen or defined in the Contract, both Parties shall promptly communicate and collaborate to address the situation. The costs for additional services shall be subject to a separate written agreement, the terms of which shall be binding on both Parties. Neither Party shall proceed with any additional services without a prior written agreement between them.
SCHEDULE OF WORK. The Service Provider will start on (the "Commencement Date"), and the Services shall be provided in full no later than (the "Completion Date").
The standard working schedule for providing the Services shall be , unless otherwise agreed upon in writing by both Parties (the "Schedule of Work").
RIGHTS AND RESPONSIBILITIES OF THE PARTIES. The Service Provider should keep the Property in a safe, clean, and orderly appearance. Upon completion of the Services, the Service Provider shall ensure the thorough cleaning of the Property and the proper disposal of any debris.
The Service Provider shall be entitled to reasonable breaks and rest periods. The Client shall allow an appropriate duration for meal breaks.
The Client grants the Service Provider reasonable access to the Property to perform the Services described in this Contract. The Client is obligated to prepare all necessary information and documentation for the Service Provider connected with the performance of the Services, including but not limited to plans, drawings, and specifications.
COMPLETION OF THE SERVICES. Upon completion of the Services, the Service Provider shall notify the Client in writing that the Services have been completed, and the Client shall have days to inspect and assess the results to ensure they meet industry standards and the requirements outlined in this Contract. If deficiencies or deviations are identified during the inspection, the Service Provider shall complete all necessary corrections within days from the date of receipt of the respective Client's notification at no additional cost to the Client. After the inspection and required modifications, the Client shall provide written notice of acceptance to the Service Provider. The Services shall be deemed accepted if the Client fails to provide a written notice of defects within the specified period.
PAYMENT TERMS AND PROCEDURE. In consideration of the Services, the Client shall pay the Service Provider the fixed fee of (the "Price"). The payment shall be made in full before the Commencement Date.
The Client shall pay the Service Provider in cash.
Late payment: If the Client does not make any payment on time, the Service Provider shall have the right to charge interest on the overdue amount at a rate of % per day.
Taxes: The Service Provider shall be responsible for all taxes related to the Services, including sales tax, use tax, and other applicable taxes.
Materials: The Service Provider shall purchase all materials necessary to perform the Services. The Client shall reimburse the Service Provider for the cost of such materials, and the Service Provider shall give the Client copies of all receipts and invoices for the purchased materials.
PERMITS. The Service Provider shall be responsible for obtaining all required permits, licenses, and approvals necessary for the performance of the Services, including but not limited to building permits, zoning permits, and any other applicable governmental authorizations. The Service Provider shall submit permit applications, pay associated fees, and complete any necessary paperwork in a timely manner.
The Service Provider assures the possession of all necessary permits, licenses, and authorizations required to provide the Services.
TERM OF THE CONTRACT. This Contract shall commence on the Effective Date and shall continue until but not before the Parties fulfill their obligations under the Contract unless terminated earlier following the terms of this Contract.
Either Party may terminate this Contract without cause upon days written termination notice.
The Client may immediately terminate this Contract by giving written notice to the Service Provider if the Service Provider fails to deliver the Services within the agreed-upon time frame and if the provided Services do not meet the required quality standards. The Client may also terminate this Contract if the Service Provider does not eliminate defects in the Services or repeatedly disregards applicable laws or safety standards.
The Service Provider may immediately terminate this Contract by giving written notice to the Client in case the Client's failure to make timely payments, denial of access to the Property, and failure by the Client to provide all necessary information and documentation essential for carrying out the Services, including but not limited to plans, drawings, and specifications.
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 Service Provider for all Services satisfactorily completed by the Service Provider through the date of termination.
RELATIONSHIP OF PARTIES. The Parties agree that their relationship under this Contract is that of independent parties.
CONFIDENTIALITY. Neither Party shall disclose any terms or conditions of this Contract or give its copy to any third party, except when required by law or in any judicial proceeding, provided that the releasing Party has given the other Party reasonable notice of that requirement. Additionally, disclosure is permitted to a Party's attorneys, accountants, brokers, and other consultants or advisers, provided they agree to be bound by this clause.
LIABILITY. The Service Provider shall indemnify and hold harmless the Client against all actions, claims, proceedings, liabilities, costs, expenses, and losses, including but not limited to direct, indirect, and consequential loss of profit suffered or incurred by the Client in relation with the Service Provider's execution or breach of the Contract.
The Client shall be liable for damages to the Service Provider caused by negligence or willful misconduct of the Client or the Client's associated persons. The damages shall be limited to actual and proven damages incurred by the Service Provider.
If the Service Provider's actions, negligence, or improper performance of this Contract result in fines, penalties, or other financial liabilities incurred by the Client, the Service Provider shall be solely responsible for compensating such fines and penalties.
WARRANTIES. The Parties hereby represent and warrant that they have full right, power, and authority to enter into and perform this Contract, ensuring that its execution has been duly authorized by all necessary actions.
The Service Provider guarantees that the Services provided meet all federal and state-specific product liability requirements, consumer protection laws, and the standards in the painting industry.
The Service Provider offers a warranty period (the "Warranty Period") for the completed Services, effective from the date of receiving the written notice of the Services acceptance. The warranty covers defects in workmanship and materials used, as determined by the Client's inspection. The warranty excludes damages or issues arising from normal wear and tear, acts of nature, improper maintenance, alterations, or modifications made by parties other than the Service Provider. If any defects or issues the warranty covers arise, the Client shall promptly notify the Service Provider in writing during the Warranty Period. Upon receiving a valid warranty notification, the Service Provider shall promptly inspect and assess the reported issue. If the inspection confirms the presence of a covered defect, the Service Provider shall undertake remediation and necessary repairs within days (the "Cure Period") at no additional cost to the Client.
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered personally or by certified mail, return receipt requested, to the address specified in the opening paragraph or to such other address as one Party may have furnished to the other Party in writing, or to emails set forth below:
If to the Client: ;
If to the Service Provider: .
Either Party may change the registered mail or email address for receipt of notices by giving written notice to the other Party. All 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.
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, epidemics, governmental regulations, or any other similar cause 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.
GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and interpreted under the laws of the State of , and any disputes resulting from or related to this Contract 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.
ASSIGNMENT. Neither Party may assign or transfer this Contract without the prior written consent of the non-assigning Party, which approval shall not be unreasonably withheld.
ENTIRE AGREEMENT. This Contract is the complete and exclusive agreement between the Parties concerning the subject matter hereof, superseding any prior agreements and communications, both written and oral, regarding such subject matter.
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.
AMENDMENTS. This Contract may only be modified, or any rights under it waived, by a written document executed by both Parties.
BINDING EFFECT. This Contract shall be binding for the Parties and their respective permitted successors and assigns.
IN WITNESS WHEREOF, the Parties have executed this Contract as of the Effective Date.
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THE CLIENT |
THE SERVICE PROVIDER |
, USA
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, USA
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| __________________________________ | __________________________________ |
| (Place for signature) | (Place for signature) |
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