CONTRACT FOR PAINTING SERVICES

The Company and Customer (collectively referred to as the “Parties”) agree as follows:

1) Company Representations – The Company represents and warrants the following:

· The Company agrees to provide Services in good faith and in line with commonly accepted commercial practices.

· The Company agrees to maintain its’ equipment on the property during the course of performing services in a manner which in its reasonable discretion causes minimal impact to the use and operation of the premises. The Company shall keep the premises and surrounding area free from accumulation of debris and trash related to the Services. At the completion of the Services, the Company shall remove its tools, construction equipment, machinery, and surplus material; and shall properly dispose of waste materials.

· Time shall be of the strictest essence in the performance of each and every of the obligations hereunder. The Company agrees that once it commences providing the Services that the Services shall continue through completion.  Unfavorable weather conditions or other unforeseeable conditions may delay the Service completion date.  The Company retains sole discretion to deem weather conditions inappropriate to complete Services at any given time.

· All materials and equipment furnished under this Agreement will be new and/or of a quality approved by the Company, unless otherwise required or permitted as set forth herein.

2) Customer Representations – The Customer represents and warrants the following:

· The Customer has inspected, or has caused to be inspected, the property and represents that Property is, as of the date of this Agreement, in an adequate condition to be painted. The Customer understands and agrees that the Company will not conduct any repairs to property, other than what repairs are specifically set forth in this Agreement.

   The Customer agrees that if the paint does not adhere to any surface where paint is to be placed as a result of failure of the Customer to repair the Property prior to the Service commencement by the Company or because the Property was not in adequate condition for painting, the Customer will hold the Company harmless for any resultant damages. The Company shall be permitted, in its sole discretion, to decline to complete the contract with no refund to the Customer.

· The Customer will cause to or make available to the Company adequate and necessary access to the Property to perform the services set forth herein on the date agreed upon. Customer understands that once the Company commences the performance of its services, the Customer shall continue to provide adequate and necessary access to the Property until the Company has fully performed and completed the Services.

· The Customer represents that it will timely pay the deposit and all scheduled payments as outlined in the Payment Schedule in this Agreement. The failure to pay the deposit or any scheduled payments within five (5) days of the agreed upon scheduled payment date will result in a late fee of ten percent (10%) of the late payment. In addition to the late payment fee, all outstanding balances will accrue interest at a rate of eighteen percent (18%) interest per annum.

3) Entire Agreement - The Parties agree that this Agreement represents the entire agreement between the Parties and that any other documents, representations, warranties, or otherwise shall not be binding upon the Parties unless specifically set forth herein. This Agreement may only be modified by the mutual consent of the Parties and no provisions of this Agreement or any related documents shall be amended, waived or modified except by an instrument in writing signed by the parties hereto.  It is further agreed that this Agreement shall prevail over any conflicting provisions in any other document or Agreement. 

4) Disclaimer of Warranties –The Company warrants the painting of exterior painted surfaces for a period of three (3) years, per the specific contracted scope of work. This warranty is limited to workmanship only. Our exterior paint warranties cover painting defects, but do not include any warranty coverage of  fading and/or damage due to normal wear and tear, abuse, weather, settlement cracks or accidental damaging occurrences. Exclusions also include (1) painted horizontal walking surfaces such as, decks, floors, steps or lanai surfaces; (2) paint failure due to rotted wood; (3) structural defects; (4) moisture intrusion; or (5) failure of a previous paint coating.

Additional Disclaimer:  Severe paint blistering due to intense and/or direct heat are not issues of workmanship and are not covered under the warranty. The Company is not responsible for differences in paint color when performing warranty work.

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. 

If a defect in workmanship appears within three (3) years from the date of project completion and is reported to the Company, a company representative will be sent to the project location to inspect the affected areas to determine if said effected area is covered under warranty.  If the effected area is determined to be covered under warranty, The Company will schedule said repair in a timely manner and perform the necessary warranty work required.

Should it be determined upon inspection by the Company that any repairs were attempted by any other company or individual, this warranty will be null and void and the Company will have no further obligation to the Customer.

The only other warranty that shall remain in effect are any warranties offered directly from the paint supplier or manufacturer.  The Customer agrees to indemnify and hold harmless the Company from any warranty claims that may arise through the paint supplier or manufacturer.

5) Breach of Agreement – In the event any party breaches this Agreement they may bring a cause or causes of action in court. It is hereby agreed that jurisdiction for this Agreement shall be in the State of Florida, County of Manatee, and that any suit relating to this Agreement shall only be brought in Manatee County, Florida, regardless of location where signatures were affixed or where the project is located.  This Agreement and all rights and remedies thereunder shall be governed by the laws of the State of Florida. The prevailing party in any suit relating to the enforcement of this Agreement shall be entitled to it’s its reasonable attorney’s fees and costs. The parties to this Agreement also waive all presentment, notice and demand unless otherwise required by law. If this Agreement or any portion thereof shall be determined to be invalid on any grounds by any court of competent jurisdiction, then such provision shall be adjusted rather than voided, if possible, so that it is enforceable to the maximum extent possible, and the validity and enforceability of the remaining portions of this Agreement will not in any way be affected or impaired thereby.

6) Waiver of Jury Trial – THE PARTIES HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION, WHETHER ARISING IN CONTRACT OR TORT, BY STATUTE OR OTHERWISE, IN ANY ACTIONS RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ACTIONS, PROCEEDINGS AND COUNTERCLAIMS ARISING FROM THIS AGREEMENT AND ANY ACTIONS TAKEN HEREUNDER BY ANY PARTY.

7) Customer Declination of Services – The Customer acknowledges that the Company contracts and schedules the performance of its service in a manner which requires declination of other projects and business opportunities and that any delay or declination of acceptance of performance of the Services results in damages to the Company. Time is strictly of the essence. Therefore, Customer acknowledges and agrees that once this Agreement is signed that it is contractually obligated to pay the full amount. The Customer may elect to decline the performance of the services and/or decline to accept the materials purchased for use on said project. Any such declination will not result in an offset or reduction of the amounts owed under the payment schedule. If the Customer declines the services and products when tendered, then all amounts owed under the term of this Agreement shall be immediately due and payable.

8) Total Project Price: $3,098.00

Full payment is due upon completion of the Services by the Company when the Company advises the Customer the job is complete.  Any need for final touch-ups or clean-up by the Company does not constitute reason to withhold payment.  Failure to make payment upon request by the Company will result as a default under Customer Representations.

9) Notices- Any notices sent as it relates to this Agreement shall be sent to the following addresses, via U.S. First Class Mail or U.S. Certified Mail:

PROSSER PAINTING, LLC

5815 90th Avenue Cir E

Parrish, FL 34219

10) Miscellaneous Provisions -

a) The Company’s choice to (1) delay any action; (2) exercise any single or partial right, power or privilege; or (3) fail to exercise any right, power or privilege afforded under this Agreement does not serve as any waiver or preclude any right to further deny, exercise or fail to exercise any other right, power or privilege provided to the Company in this Agreement.

b) This Agreement shall be binding upon and inure to the benefit of the Company and the Customer and their respective successors and assigns, heirs, and personal representatives. Notwithstanding the foregoing, no part of this Agreement or the obligations hereunder shall be assigned by the Customer without the prior written consent of the Company.

c) Paragraph headings are for the purpose of identification only and are not considered as a substantive part of this Agreement.

d) Whenever the context so requires the neutral gender includes the feminine and/or masculine, as the case may be, and the singular number includes the plural.

e) This Agreement may be executed in counterparts, each of which shall be deemed an original and consolidated as one agreement (copies shall act as originals);

f) Each party to this Agreement shall use its good faith efforts and commonly accepted commercial practices to obtain full and complete cooperation from all third parties whose cooperation is necessary or appropriate in order to effectuate the transactions contemplated by this Agreement.

g) The waiver of any breach or default under any of the terms of this Agreement shall not be deemed to be, nor shall the same constitute, a waiver of any subsequent breach or default.

h) Should the Customer breach this contract, demand, act in a negligent manner, or through the Customers actions or omissions cause an interruption to the project, the damages associated with the delay shall be recoverable to the Company in the form of a fee of $3,500 per day, due upon demand of the Company. The parties agree that the delay fee described herein shall be liquidated damages associated with the delay in performance caused by the Customer which is reasonable compensation for the delay.  The Parties acknowledge and agree that the exact amount of damages is difficult to determine, therefore, requiring the need for this provision.

i) The Effective Date of this Agreement is the date that both the Customer and the Company representative signs the contract.

j) All of the Company’s rights and remedies shall be cumulative and may be exercised consecutively or concurrently at Company’s sole option.

k) The Company reserves the right to terminate the contract before project commences by providing written notice to the Customer of the intent to terminate contract.

l) For commercial projects, the project warranty will be held until such time that the Company has received all payments due and owing.

m) If the painting project is canceled for any reason and you received a Color Design Session, there is a $250 fee for this service.

n) Customer authorizes the Company to take before and/or after photos/videos and use them for advertising purposes.

BY SIGNING BELOW, THE CUSTOMER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CUSTOMER IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CUSTOMER SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. THE CUSTOMER IS ENTITLED TO A COPY OF THIS CONTRACT AT ANY TIME UPON REQUEST.

Customer name: Terry Gebman

Customer address: 15715 29th St E, Parrish

Customer phone number: (941) 776-4703

Contractor name: David Prosser

Contractor address: 5815 90th Ave Cir E, Parrish, FL, 34219, Parrish, FL

Contractor phone number: (941) 877-1350

Total amount to be paid to Prosser Painting: $3,098.00

$3,098.00