Contract Overview
Peace Painters Service Agreement
This contract outlines the payment terms, project timeline, change orders, and responsibilities between the Client and Peace Painters. It ensures clarity on payment schedules, completion estimates, material ownership, and liability coverage. Both parties agree to the terms to maintain a smooth and professional painting project experience.
1. PAYMENT TERMS
A. The Client agrees to pay to the Contractor the total by the agreed payment schedule with the amounts of any change orders or additional work orders added or subtracted after starting the project.
B. In the Client fails to make payment within 30 days of completing the work to be performed hereunder (unless otherwise agreed in writing), Client shall pay a one-time late fee of five (5%) percent of the unpaid balance, plus interest of eighteen (18%) percent per annum on all unpaid amounts until paid in full. Client shall also pay Contractor’s attorney fees and costs to enforce this Contract and collect such amounts. Contractor reserves all rights to pursue its rights and remedies under this Contract and at law, which are cumulative, including its right to a mechanics lien.
2. ESTIMATED COMPLETION TIMELINE
A. The Contractor shall provide Client with an “Estimated Completion Timeline.” with a start and end date for the project with the explicit understanding that it is subject to change. Although the Contractor will aim to start and complete the project within the timeline, they will not be held liable if they fail to do so.
B. The Client shall agree to extend the Estimated Completion Timeline by a fair and reasonable amount of time if the Contractor:
1. Has to spend extra time on the work as a result of a change order; and
2. Cannot finish on time for reasons beyond their control, including, but not limited to, any delays caused by the Client or a change in weather conditions.
3. CHANGE ORDERS
A. Any scope of work not included in this estimate shall be deemed to be a CHANGE ORDER and all terms and conditions of the original Contact shall apply.
B. Change orders become part of the contract once added to the invoice and then digitally signed by both the Client and Contractor. The change order should describe the extra work or change and the cost added or subtracted from the contract. Any changes made to the property without notifying us may cause a delay in the work until we can determine a price for the changes.
C.The Client agrees to compensate the Contractor for any additional labor and materials required by the Contractor as a result of changes made by the same due date of the original contract unless a new agreement is made in writing.
4. MATERIALS
All materials supplied by the Client shall remain the property of the Client. If the Contractor supplies additional materials for the change orders and the Contract does not include the supply of the same, Contractor shall provide invoices to show the extent of supply and the Client is bound by this contract to reimburse the Contractor in the sum stated on the invoices submitted.
5. TERMINATION OF THE CONTRACT
A. The Contractor may terminate this Contract if the Client:
1. Fails to pay any amount due, without giving a reasonable explanation; or
2. Prevents or obstructs the Contractor from the performance of its contractual obligations.
B. In the event Contractor terminates this Contract, the Client will be obligated to pay for the works properly executed.
6. ASSIGNMENT AND DELEGATION
The Contractor may assign rights and may delegate duties under this Contract to other individuals or entities acting as a subcontractor ("Subcontractor"). The Contractor recognizes that it shall be liable for all work performed by the Subcontractor and shall hold the Client harmless of any liability in connection with their performed work.
7. INDEPENDENT CONTRACTOR STATUS
The Contractor, under the code of the Internal Revenue Service (IRS), is an independent contractor, and neither the Contractor's employees or contract personnel are, or shall be deemed, the Client's employees. In its capacity as an independent contractor, Contractor agrees and represents:
1. Contractor has the right to perform services for others during the term of this Contract;
2. Contractor has the sole right to control and direct the means, manner, and method by which the Services required by this Contract will be performed;
3. Contractor shall select the routes taken, starting and ending times, days of work, and order the work is performed;
4. Contractor has the right to hire assistant(s) as subcontractors to provide the services required under this Contract;
5. The Services required by this Contract shall be performed by the Contractor;
6. Contractor's personnel, and the Client will not hire, supervise, or pay assistants to help the Contractor; and
7. Neither Contractor nor Contractor's employees or personnel shall receive any training from the Client in the professional skills necessary to perform the services required by this Contract.
8. LIABILITY INSURANCE
The Contractor agrees to bear all responsibility for the actions related to itself and its employees or personnel under this Contract. In addition, the Contractor agrees to obtain comprehensive liability insurance coverage in case of bodily or personal injury, property damage, contractual liability, and cross-liability (collectively, "Liability Insurance").
9. CONTRACTOR NON-LIABILITIES
A. Should it become necessary for Contractor to remove and/or install any lights, appliances or other equipment, Client understands Contractor does not assume any responsibility for the performance of said equipment, whether or not such performance problems are the result of the negligent acts or omissions of Contractor or its employees, whether or not any additional charge is made.
B. Contractor does not assume any responsibility for correction of existing code violations or the repair of any existing defects.
C. If there are pets or animals at Client’s property, Contractor will do its best to ensure gates and doors are closed at all times. However, Contractor is not liable for the actions or whereabouts of said pets or animals.
10. PHOTOGRAPHS.
Clients gives Contractor permission to take before and after photos and/or videos of Client’s premises to be used for marketing purposes.
11. EXCLUSIVITIY.
Client agrees not to hire any Peace Painters’ personnel for future jobs without prior permission from Peace Painters.
12. APPLICABLE LAW.
This Contract shall be governed and enforced in accordance with the laws of the State of New York and all disputes regarding this Contract shall be brought in the State of New York.
BY SIGNING, CLIENT ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CLIENT IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. FURTHER, THE PARTIES HEREBY AGREE TO THE TERMS AND CONDITIONS SET FORTH ABOVE AS DEMONSTRATED BY THEIR SIGNATURES.

