Paint Service Agreement

PAINT SERVICE AGREEMENT

This Paint Service Agreement ("Agreement") is entered into on between Client Name: and Contractor Name: .

RECITALS

WHEREAS, Client desires to obtain professional painting services for the property located at ;

WHEREAS, Contractor represents that it has the skills, personnel, equipment and necessary licenses and permits to perform such services in a professional manner; and

WHEREAS, the parties desire to set forth the terms and conditions under which Contractor will perform the painting services described below.

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the work described below in a workmanlike manner in accordance with industry standards.

Contractor shall perform the work during normal business hours unless otherwise agreed in writing. All paint, primers, sealants and other materials shall be new and meet applicable safety and performance standards. Surfaces to be painted shall be prepared by cleaning, sanding, patching and priming as appropriate. Any work outside the described scope shall require a written change order signed by both parties.

Change Orders Required: (Check to require written change orders for any deviations)

PAYMENT TERMS

Total Contract Amount: $

Final payment shall be due upon completion of the work and acceptance by Client as meeting the scope described herein. Acceptance shall not be unreasonably withheld.

If any payment is more than days late, interest shall accrue at . In addition, Client shall be responsible for reasonable costs of collection, including attorney fees.

TERM AND TERMINATION

Commencement Date:   Estimated Completion Date: .

Either party may terminate this Agreement for material breach if the breach is not cured within days after written notice. Client may terminate for convenience upon days' written notice; in such event Contractor shall be paid for work performed and materials procured through the date of termination, less reasonable mitigation.

CONFIDENTIALITY

Each party shall maintain in confidence all non-public information received from the other party that is identified as confidential or that a reasonable person would understand to be confidential given the nature of the information ("Confidential Information"). Confidential Information shall not include information that is or becomes publicly known through no fault of the receiving party, that was rightfully received from a third party without restriction, or that is independently developed without the use of Confidential Information.

The receiving party shall use Confidential Information solely for the performance of this Agreement and shall take reasonable measures to protect such information from unauthorized disclosure. Upon termination, each party shall return or destroy the other's Confidential Information, except to the extent retention is required by law.

INSURANCE AND INDEMNIFICATION

Contractor shall maintain commercial general liability insurance covering the work and shall provide proof of insurance upon request. Contractor agrees to indemnify, defend and hold harmless Client from and against claims, damages, losses and expenses arising out of Contractor's performance of the work, except to the extent caused by Client's negligence or willful misconduct.

WARRANTY

Except as expressly set forth in the warranty described above, Contractor disclaims all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of , without regard to its principles of conflict of laws. The parties agree that any litigation arising from this Agreement shall be brought in the courts of that state.

ENTIRE AGREEMENT

This Agreement, including any attached exhibits and any executed change orders, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings, whether written or oral. Any amendment or modification must be in writing and signed by both parties.

NOTICES

Notices shall be in writing and delivered by hand, certified mail, or a reputable overnight courier to the addresses set forth above or as otherwise designated in writing by either party.

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