Renovation Bed Template

RENOVATION BED TEMPLATE

Effective Date:

RECITALS

WHEREAS, Client desires to renovate, repair, modify or otherwise restore one or more beds, bed frames, headboards and related fixtures located at the project site described herein (the "Project"); and

WHEREAS, Contractor represents that it has the skill, personnel, equipment and licenses necessary to perform the work described in this Agreement and is willing to perform such work for Client under the terms and conditions set forth below; and

WHEREAS, the parties desire to set forth their respective rights and obligations with respect to the Project in this written Agreement.

PROJECT IDENTIFICATION

SCOPE OF WORK

Contractor shall furnish all labor, materials, equipment and supervision necessary to complete the described work in a professional, workmanlike manner consistent with industry standards. The Scope of Work includes, without limitation, removal of existing bed components as required, repair or replacement of frame elements, refinishing or repainting, installation or refurbishment of headboard and footboard, mattress platform adjustments, fastening and anchoring to structure, and final cleanup.

PAYMENT TERMS

Contract Price (Total Amount):

Deposit Amount: — due upon execution of this Agreement.

Late Payment: Any undisputed amount not paid when due shall accrue interest at a rate of % per month (or the maximum lawful rate if lower), plus all costs of collection, including reasonable attorney fees.

PROJECT SCHEDULE

Anticipated Start Date: . Anticipated Substantial Completion Date:

TERM AND TERMINATION

Term: This Agreement shall commence on the Effective Date and continue until the Project is completed and final payment is made, unless earlier terminated in accordance with this Agreement. Either party may terminate this Agreement for cause if the other party materially breaches and fails to cure within days after written notice describing the breach.

Upon termination for cause by Client, Contractor shall be entitled to payment for Work performed to the date of termination, less offsets for damages resulting from Contractor's breach. Upon termination for cause by Contractor, Client shall be entitled to return of unearned payments and any other remedies available at law or equity.

CHANGE ORDERS

Any change to the Scope of Work, Contract Price or schedule must be set forth in a written Change Order signed by both parties. Contractor shall not be obligated to perform changed work without a fully executed Change Order specifying adjustments to time and compensation.

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability insurance, worker's compensation as required by law, and automobile liability insurance with limits not less than the amounts set forth below and shall provide certificates upon request.

Required General Liability Limit: $ per occurrence.

Indemnification: Contractor shall indemnify, defend and hold harmless Client and its officers, agents and employees from and against all claims, losses, liabilities, damages and expenses (including reasonable attorney fees) arising out of Contractor’s negligent acts, omissions or willful misconduct in the performance of the Work, except to the extent caused by Client’s negligence.

WARRANTY

Contractor warrants that labor performed shall be free from defects for a period of from substantial completion. Material warranties provided by manufacturers shall be passed through to Client to the extent transferable. This warranty does not extend to damage caused by abuse, misuse, neglect, modifications by others, or ordinary wear and tear.

CONFIDENTIALITY

Each party shall keep confidential all non-public information furnished by the other party and shall not disclose such information except to the extent required by law or necessary to perform the Work. Confidentiality obligations shall survive termination of this Agreement for a period of .

GOVERNING LAW; ENTIRE AGREEMENT

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflict of laws principles.

Entire Agreement: This Agreement, including any executed Change Orders, constitutes the entire agreement between the parties with respect to the Project and supersedes all prior written or oral communications, representations and agreements. No amendment shall be binding unless in writing and signed by both parties.

DISPUTE RESOLUTION

The parties shall first attempt to resolve disputes through good faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in the county where the Project is located, conducted under rules selected by the parties. The prevailing party in any dispute shall be entitled to recover reasonable attorney fees and costs.

NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be delivered to the addresses set forth above by hand, certified mail, or recognized courier service, and shall be effective upon receipt.

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