Creative Project Painting & Design

CREATIVE PROJECT PAINTING & DESIGN AGREEMENT

Agreement Date:

Parties

Recitals

WHEREAS, Client Name: desires to engage Contractor to provide painting, surface preparation, and associated design services for the project described herein; and

WHEREAS, Contractor Name: represents that it possesses the experience, skill, equipment, and personnel necessary to perform such work in a professional manner; and

NOW, THEREFORE, in consideration of the mutual covenants set forth below, the parties agree as follows.

Scope of Work

Payment Terms

Total Contract Price: $

Late Payment: If any undisputed amount remains unpaid beyond days after receipt of invoice, Client shall pay interest at % per month on the overdue balance, or the maximum lawful rate if less.

Term and Termination

Commencement Date: . Estimated Completion Date: .

Either party may terminate this Agreement for material breach if the breaching party fails to cure the breach within days after written notice. Additionally, Client may terminate for convenience upon days' prior written notice; in such event Contractor shall be paid for work performed and materials committed through the effective date of termination, less reasonable offset for nonperformance.

Confidentiality

Each party shall hold in strict confidence all non-public information disclosed by the other party in connection with the services, including proprietary designs, color formulas, client lists, pricing, and trade secrets ("Confidential Information"). Confidential Information excludes information that is (a) already lawfully known to the recipient; (b) becomes public through no fault of the recipient; (c) rightfully obtained from a third party without breach; or (d) independently developed without use of the disclosing party's Confidential Information. A receiving party may disclose Confidential Information to its employees, subcontractors, and agents on a need-to-know basis provided those persons are bound by confidentiality obligations no less protective than those herein.

Warranties; Remedies; Indemnity

Contractor warrants that work performed will be of professional quality and in accordance with the Scope of Work. For a period of months following substantial completion, Contractor will remedy defects in workmanship at no additional charge. EXCEPT AS EXPRESSLY PROVIDED, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Contractor shall indemnify and hold Client harmless from claims arising from Contractor's negligence or willful misconduct in performing the services.

Permits; Site Conditions; Materials

Client shall provide access to the Site and disclose known site conditions. Contractor is responsible for obtaining required permits unless otherwise specified. Materials shall conform to the specifications set forth in the Scope of Work; substitutions require Client's prior written consent. Additional costs caused by unforeseen site conditions or required changes will be invoiced as change orders and are payable under the Payment Terms.

Governing Law; Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction of without regard to conflict-of-law principles. The parties shall attempt in good faith to resolve disputes through negotiation. If unresolved, disputes shall be resolved by binding arbitration or litigation as selected by the prevailing party; the prevailing party shall be entitled to recover reasonable attorneys' fees and costs where permitted by law.

Entire Agreement; Amendments

This Agreement, together with any attached exhibits and written change orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior understandings, representations, and agreements. No amendment shall be effective unless in writing and signed by both parties.

Execution

The parties have executed this Agreement through authorized representatives as of the Agreement Date written above.

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