THIS AGREEMENT is made on the ____day of ________________20__, (“Effective date”) and is entered into between Austin’s Professional Disposal Service and More, LLC (The Service Provider) whose Principal address for the purpose of this agreement shall be 4071 L.B. Mcleod Rd Ste D PMB 90, Orlando, FL 32811 and _______________________ (The Client) whose Principal address for the purpose of this agreement shall be ______________________________.
The Service Provider and The Client shall collectively be referred to as the “Parties,” or individually as the “Party,” and this shall include that Party’s successors and assigns.
In consideration of covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt of which is hereby acknowledged, Parties agree to the following terms and conditions and to be bound thereby:
This Agreement shall remain in force from the Effective date mentioned above until its termination in accordance with the provisions set forth herein.
2.1. The Service Provider offers the following services: door-to-door trash removal, large trash removal, and pressure washing, along with any other incidental services. These services are offered in 4 optional packages, namely;
Package A: Door-to-Door Trash Removal
Collection of trash upto a maximum of 70 pounds per month.
Package B: Large Trash Removal and Door-to-Door Trash Removal
Commercial dump pickup collects trash 4 times per month.
Collection of large items that cannot fit into the dumpster for disposal, e.g. dressers and stoves.
Clean-up of and pressure washing around the dumpster area.
Package C: Door-to-Door Trash Removal, Pressure Wash, and Large Trash Removal
Pressure wash service once every quarter of an year (3 months) of the breezeways, stairways, dumpster area, and sidewalks.
Dumpster and large trash removal four times a month. The customer also gets the option of picking the collection dates.
Package D: Create Your Own Package
Door-to-door trash removal.
Large trash pickup 4 times a month
Pressure washing once every 6 months of breezeways, walkways, and stairways.
2.2. The Client has opted for Package _____.
2.3. The Service Provider will provide trash collection services to the Client(s) 5 nights a week (Monday to Thursday) starting at 7:00 pm. The Service provider will, however, not offer their services on Friday and Saturday as these are their days off. They will also not offer services during the following major public holidays: New Year’s Eve; New Year’s Day; Memorial Day; 4th of July; Easter Sunday; Labor Day; Christmas Eve; Christmas Day; and Thanksgiving Day.
3.1. The Service Provider offers their services under 3 contractual terms: monthly (1 month), biannually (6 months), and annually (1 year).
3.2. The Parties have an option of renewing the Contract upon its lapse through mutual written consent under similar or varied terms as may be agreed upon.
3.3. The Client has opted to subscribe to the ____________ contractual term.
FEES AND EXPENSES
4.1. For the services rendered, the Client (s) shall pay the Service Provider the total sum of _____________ USD per month which shall fall due on the _______________ (date):
4.2. This sum shall be the fee for provision of services subscribed to in package ___ for _____ No. of Units.
4.3. Any additional services requested by the Client beyond those provided for in this Contract shall attract an extra separate fee that will be agreed upon by the Parties.
4.4. All sums payable shall be paid either in cash or directly into the Service Provider’s bank account which is ________________________________________________.
5.1. The Service Provider is an independent contractor and shall have sole and exclusive control over the way they, their employees, and agents perform the services to be provided under this Agreement.
5.2. The Service Provider shall have the right to engage and employ such individuals and agents as may be necessary in connection with the services to be provided under this Agreement, provided that such individuals and agents shall be subject to control, contractual or otherwise, solely and exclusively by the Service Provider.
6.1. The Client(s) will indemnify and hold harmless the Service Provider for any damage, theft, or loss of Service Provider’s property occurring at the Client(s) property.
6.2. The Client(s) shall indemnify and hold harmless the Service Provider from and against all claims and suits arising out of this Agreement, including court costs and attorney fees in connection with this Agreement.
The Client hereby acknowledges and agrees that the Service Provider shall have no liability whatsoever in Contract, tort (including negligence), or otherwise for injury or damage(whether reasonably foreseeable or not) to the Client or any third party in relation to this Agreement who received the Service Provider’s services in accordance to the Client (s) instructions.
DUTIES OF THE CLIENT(S)
To make prompt and timely payments for services in accordance with the terms of this Agreement and any other agreements that may be entered into between the Parties.
To place their trash cans outside their front doors for collection only between 5:00 pm to 7:00 pm ET on the collection days.
To limit the amount of trash disposed of in a day to 4 trash bags.
Ensure that no sharp objects, broken glass, or hazardous materials/waste are put in the trash bags.
To break down all cardboard boxes before putting them in the trash cans.
Ensure that all trash cans have a trash bag before putting any trash into them and that all trash bags are securely tied.
To ensure that all trash bags are put inside the trash cans. There will be no collection of trash bags placed outside of the trash cans. Also, loose trash not inside the trash bags will not be collected.
Not to recycle.
DUTIES OF THE SERVICE PROVIDER
To make timely collections of trash in accordance with the terms of this Contract.
To provide one trash can to each unit covered under this Contract.
All intellectual property belonging to the Service Provider shall be the Service Provider’s exclusive property. Any use of the same shall only be with the written authority of the Service Provider.
Neither Party shall transfer or assign this Agreement without the other Part’s consent
which consent shall not be unreasonably withheld or delayed.
12.1. For this Agreement, “Force Majeure” means an event which a diligent party could not have reasonably avoided in the circumstances, which is beyond the control of a party and includes, but is not limited to, war, riots, civil disorder, earthquake, storm, flood or adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts, confiscation or any other action by government agencies.
12.2. A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered a breach of this Agreement, provided that the Party has taken all reasonable precautions, due care, reasonable alternative measures, and minimal delay all to carry out the terms of this Agreement.
Parties agree to settle disputes herein in the first instance through one of the following: (select one)
☐Negotiation ☐Mediation ☐Arbitration ☐Litigation
14.1. Either Party may terminate this Agreement upon giving the other Party no less than 7 days’ notice in writing.
14.2.This Agreement will automatically terminate upon completion of the contractual term.
14.3. The termination of this Agreement shall not discharge the pending liabilities accumulated by the Client(s).
changes to the agreement
Either Party may request changes to the Agreement, but they will only be effective if agreed upon in writing and signed by all Parties. If any ambiguity is found in the Agreement or various documents forming this Agreement, the Parties shall issue any necessary clarification or instruction.
The Service provider shall be responsible for procuring their own insurance and the insurance of their employees and agents in accordance with the laws of the State of Florida.
All non-public, confidential information of the Parties disclosed in connection with this Agreement is confidential, solely for the use of performing this Agreement, and may not be disclosed or copied unless authorized in law or in advance by the Party in writing.
This Agreement is nonexclusive, and the Service Provider may retain the services of any number of other Clients.
Failure by either Party to enforce any of the terms or conditions of this Agreement shall not be a waiver of their right to enforce the terms and conditions of this Agreement.
The provisions of this Agreement are severable. If any provision is held to be invalid or unenforceable, it shall not affect the validity or enforceability of any other provision.
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one instrument.
This Agreement constitutes the entire Agreement between the Parties. It supersedes all prior oral or written agreements or understandings between the Parties concerning the subject matter of this Agreement. All documents annexed to this Agreement shall be subject to the terms under this Agreement, provided that the Parties append their signatures on the documents. The Parties will exercise utmost good faith in this Agreement.
The article and section headings in this Agreement are for convenience; they form no part of this Agreement and shall not affect its interpretation.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular, or plural, as the identity of the person or entity may require. As used in this Agreement: words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, and words in the singular shall mean and include the plural and vice versa.
24.1. Any notice required to be given pursuant to the provisions of this Agreement shall be in writing and shall be deemed to have been given at the time when actually received as a consequence of any effective method of delivery at the address stated hereinabove.
24.2. Notice may also be given directly in person to Melanie Kirksy and Costell Austin, who are the directors of the Service Provider.
24.3. Notice may also be given through the Service Provider’s official line, which is 407-449-9413, or their official email, which is APDS92321@gmail.com
25.1. The Client (s) acknowledges that they have been provided with the opportunity to negotiate this Agreement and to seek legal counsel before signing this Agreement.
25.2. In addition, the Client acknowledges that the restrictions imposed are fair, reasonable, and necessary to protect the Service Provider’s legitimate business interests and will not place an undue burden upon their livelihood in the event of enforcement of the restrictions.
25.3. The Client (s) also acknowledges that they have entered into this Agreement with the capacity and authority to contract freely and voluntarily.
26.1. This Agreement shall be governed in all respects by the laws of the State of Florida, without regard to its conflicts of law provisions.
26.2 Any disputes arising out of this Agreement shall be dealt with by the Courts of Florida.
IN WITNESS WHEREOF, each of the Parties has executed this Agreement, as of the day and year set forth below.
Signed by the CLIENT(S)Signature: ……………………………………………..Name: …………………………………………………..Designation: …………………………………………..Date:………………………………………
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