Preparation: Surfaces will be prepared by scraping loose paint, patching holes and cracks with spackling compound, and sanding for a smooth finish. Advanced cracks may receive fiberglass joint tape. Glossy surfaces will be scuff-sanded to promote adhesion. All furnishings and floors will be covered and protected.
‍
‍Carpentry: This Agreement does not include the cost of replacing damaged carpentry unless explicitly specified in the Scope of Work. Otherwise, the existing substrate will be prepared and painted as-is.
‍
‍Application: The coating systems specified in the Scope of Work will be applied according to the manufacturer's specifications and the line items notated in the scope.Stains: Water stains and tannin wood stains will be sealed with an appropriate primer. Should extensive sealing be required that was not visible at the time of the estimate, this will be addressed via the Change Order process (Section 6).
‍
‍Quality Standard: All work shall be completed in a workmanlike manner according to industry standards set forth by the Painting Contractors Association (PCA). A "properly painted surface" is defined as uniform in color and sheen, free of drips, sags, or foreign material when viewed without magnification, at a normal viewing angle, under normal lighting conditions from a distance of thirty-nine (39) inches.
‍
‍Cleanup: Occupied work areas will be cleaned daily. Upon completion, all project debris will be bagged and placed in the Customer’s exterior trash receptacle. If debris volume exceeds the receptacle's capacity, a Change Order for debris removal services will be presented to the Customer. Leftover paint will be labeled and left for the Customer.
‍
‍Hardware: Hardware such as curtain rods, switch plates, and cover plates will be removed and reinstalled. Hardware such as thermostats, alarm systems, and doorknobs will not be removed unless deemed necessary by the Contractor.

Insurance: Contractor shall maintain General Liability insurance and Workers' Compensation insurance as required by law. A certificate of insurance will be provided to the Customer upon request.
‍
‍Limited Warranty: Contractor warrants its craftsmanship for a period of one (1) year from the completion date. If a failure in workmanship appears, Contractor will supply the labor and materials to correct the condition. This warranty is limited to the correction of the workmanship failure.

‍Warranty Exclusions: This warranty does not cover: (a) failures caused by the paint manufacturer; (b) consequential or incidental damages; (c) issues arising from abuse, temperature changes, moisture, or building settlement (i.e., cracks from expansion/contraction); (d) horizontal walking surfaces (e.g., floors, steps).

Unlimited Touch Ups: As a service benefit, Contractor will offer one year of touch ups on any surface painted by the Contractor. Touch up appointments are subject to the availability of the Contractor staff and will be limited to 1 hour of touch up in any given area. Customer must supply paint and pay for any new supply purchases related to the touch up. This service does not guarantee that touch ups will blend with new, aging, or improperly stored paint.

Color Selection: Final paint colors must be provided to the Contractor at least seven (7) days prior to the project start date. Color changes made after work has commenced will require a Change Order for additional labor and material costs.

‍Access: Customer shall provide the Contractor with clear and safe access to the work areas during agreed-upon working hours.

‍Preparation: Customer agrees to move all fragile items, electronics, and valuables from the work areas before work begins. While the Contractor will exercise reasonable care in moving standard furniture, the Contractor shall not be held liable for damage to items it is asked to move or for damage to flooring resulting from such movement.

‍Site Conditions: Alarms must be deactivated in the work area. Pets must be secured away from the work area. Customer must ensure doors, gates, and fences are secure after hours prior to letting pets out. Customer acknowledges that temperature and humidity may need to be controlled by the Contractor (e.g., adjusting the thermostat) to ensure proper paint application and curing.

Customer acknowledges that project scheduling is subject to change due to external factors including but not limited to weather delays, staff illness, and other unforeseen circumstances. Projects are placed on a waitlist and scheduled in a first-in, first-out (FIFO) order based on when the signed Agreement and deposit are received. The Contractor commits to providing the Customer with a bi-weekly status update via email regarding their position in the queue until the project start date is confirmed.

Any alteration or deviation from the Scope of Work that affects the contract price or schedule must be documented in a written Change Order. The Change Order will describe the change, the adjusted price, and any change to the completion schedule. The Change Order must be signed by both the Customer and the Contractor before the specified work will be performed.

Payment Schedule:

Deposit: A deposit of the total price is required upon execution of any agreement to secure a position on the work schedule. Deposit amount will be determined by the author of the contract.

‍Progress Payments: After the first week of work, weekly progress payments will be due. The amount of each payment shall be based on the percentage of work completed during that week, as determined by the Contractor. Invoices for progress payments will be issued at the end of each work week and are due upon receipt.

‍Final Payment: The final remaining balance is due immediately upon substantial completion of the Work.

‍Late Payments: Payments not received within five (5) days of the due date are subject to a one-time late fee of $50. Overdue balances may accrue interest at the maximum rate permitted by state law.

‍Mechanic's Lien: Failure to make timely payment is a material breach of contract. The Contractor retains all rights provided by law, including the right to pursue a mechanic's lien against the property in accordance with the laws of the State where the work is performed.

Good Faith Resolution: The parties agree to communicate in good faith to resolve any disputes by identifying the issue, collaborating on a solution, and executing on the proposed solution. The Customer agrees to notify the on-site crew lead of any workmanship concerns to allow for immediate correction.

‍Right to Cure: If concerns are not resolved, the Customer shall provide the Contractor with written notice detailing the issue and allow the Contractor a reasonable period to access the property and cure the defect.

‍Mediation and Arbitration: If a dispute cannot be resolved through direct communication, the parties agree to first attempt to resolve it through a neutral third-party mediator. If mediation fails, any unresolved dispute shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding.

Acknowledgment of Pre-Existing Conditions: Customer is responsible for notifying the Contractor in writing of any pre-existing damage, defects, or instability on the property or work area before services commence. The Contractor is not responsible for damage that occurs to items that were previously damaged, improperly installed, or poorly repaired.

The Company shall not be held liable for:
‍
a) Paint drips, spatters, overspray, wall damage, flooring finish, whether latent or obvious that existed prior to service.

b) Damage to any items or fixtures that are pre-existing, whether latent or obvious. This includes, but is not limited to, items that were previously cracked, chipped, broken, unstable, improperly installed, or inadequately repaired.

c) Damage that results from the failure of such pre-existing conditions under the stress of normal work operations.
‍
‍Damage Claim Procedure: In the unlikely event that damage is caused by our personnel, the Customer must notify the Contractor in writing within 3 business days of the service completion, if the Contractor has not already notified the client preemptively. The notice must include a description of the damage and photographic evidence that clearly shows the damage and establishes a direct causal link to the Contractor's activities. Evidence such as security footage or eyewitness will help to establish a causal link.

Company's Right to Inspect: Upon receipt of a timely claim, the Company shall have the right to inspect the alleged damage before any repairs or alterations are made. Any alteration to the alleged damage by the Client or any third party will immediately void the claim.
‍
Limitation of Liability: Failure to adhere to the Damage Claim Procedure outlined in this section will be considered a conclusive waiver of any and all claims for property damage against the Contractor. Claims based on speculation, lacking credible evidence, or submitted outside the specified timeframe will not be considered. The Contractor's liability for any validated claim shall be limited to the cost of repair or replacement of the specific item damaged, at the Contractor's discretion.
‍

Customer's Right to Cancel (Cooling-Off Period): You, the buyer, may cancel any transaction at any time prior to midnight of the third business day after the date of this transaction.

‍Termination for Cause: Either party may terminate contract agreement for a material breach by the other party. The non-breaching party must provide written notice of the breach. The breaching party shall have ten (10) business days to cure the breach. If the breach is not cured, the non-breaching party may terminate the Agreement.

‍Payment Upon Termination: If the Agreement is terminated, the Customer is responsible for payment for all work completed and materials purchased up to the date of termination.

Indemnification: The Customer agrees to indemnify and hold personally harmless the sales representative from any claims arising from the Contractor's performance. The Contractor assumes full responsibility for the workmanship, safety, and all actions of its employees and subcontractors.

‍Governing Law: Contracts shall be governed by the laws of the State where the work is being performed.

‍Force Majeure: Neither party shall be liable for any delay or failure to perform its obligations under this Agreement if such delay or failure is due to causes beyond its reasonable control, including but not limited to, acts of God, natural disasters, war, civil unrest, government actions, pandemics, or other major disruptions. The party experiencing such an event shall give timely written notice to the other party and shall use reasonable efforts to resume performance as soon as possible.

‍Severability: If any provision of these terms are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

‍Attorneys' Fees: In accordance with the American Rule, each party shall be responsible for its own attorneys' fees and costs incurred in any dispute arising from this Agreement.