STANDARD AGREEMENT

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Agreements
March 4, 2024

STANDARD AGREEMENT FOR A PRESSURE WASHER AND LAWN MOWING COMPANY

This agreement (“Agreement”) is made and entered into on [insert date], by and between XXX (“Service Provider”), a company organized and existing under the laws of the ZZZZ, with its principal place of business located XXXX, YYYY, and [insert Client Name] (“Client”), located at [insert address].

  1. Scope of Services:
  • Services Service Provider agrees to perform the following pressure washing and lawn mowing services (“Services”) for the Client:
    • Pressure Washing Services:
    • House Washing Services:
      • We use pressure washing and softwash systems to clean the exterior of your home, gutters, and roof.
    • Surface Cleaning: We use our state-of-the-art equipment to bring your sidewalks and driveways as close to its original state as possible
    • Deck, Walls, Fence Cleaning: We clean concrete, wood, brick, vinyl, walls, pool decks, and more.
    • Lawn Care Services:
      • Mowing, edging, and trimming of lawns
      • Fertilization and weed control
      • Lawn aeration and overseeding
      • Leaf removal and debris cleanup
    • These services shall be provided in a professional and workmanlike manner, consistent with industry standards. Service Provider shall use its best efforts to complete the services within the agreed-upon time frame and in accordance with the specifications set forth in this Agreement. Service Provider shall also be responsible for obtaining any necessary permits or approvals required for the services.
    • [Client] acknowledges that Service Provider is an independent contractor and that nothing in this Agreement shall be construed to create a partnership, joint venture, or employer-employee relationship between the parties. Service Provider shall be solely responsible for the payment of its employees and any taxes, insurance, or other obligations related to its business.

 

  1. Payment Terms
  • Client agrees to pay the Service Provider the sum of [insert amount] for the Services to be performed which are:
    • [insert the specific services to be performed]
    • [insert the specific services to be performed]
  • This fee covers all labor, materials, and equipment necessary to complete the Services, as well as any applicable taxes and fees.
  • A deposit of [insert percentage or amount] of the total fee may be required prior to the commencement of the work, to cover upfront costs such as payroll, equipment, and insurance. The remaining balance shall be due upon completion of the work and can be made in cash or via credit card using our secure online payment system. If payment is not received within 30 days of the completion of the work, Service Provider reserves the right to charge interest at a rate of 1.5% per month until payment is made in full.
  • In the event that additional work or services are requested by the Client, which are not included in the original scope of work, Service Provider will provide the Client with a revised quote for the additional work, which must be accepted by the Client in writing before any additional work is performed. Payment for any additional work or services will be due upon completion of such work, and subject to the same payment terms as set forth in section 2.2.
  1. Cancellation Policy
  • Client may cancel or reschedule Services by giving Service Provider at least 24 hours’ notice before the scheduled Service. If the Client cancels or reschedules within 24 hours of the scheduled Service, Service Provider may not be able to reschedule or fill the time slot, and as such, Service Provider reserves the right to charge the Client a cancellation fee of [insert amount].
  • If the Client fails to provide any notice and Service Provider arrives for the scheduled Service but cannot perform the Services due to Client unavailability or other reasons, Service Provider reserves the right to charge a cancellation fee of [insert amount]. The Client acknowledges and agrees that the cancellation fee is not a penalty but is a reasonable estimate of the costs and losses that Service Provider may incur as a result of Client’s cancellation or failure to provide notice. The Client shall pay the cancellation fee within [insert number of days] of the cancellation or Service Provider may charge interest at a rate of 1.5% per month until payment is made in full].
  • Service Provider reserves the right to cancel or reschedule Services due to inclement weather or other unforeseen circumstances that may affect the quality or safety of the Services. In such cases, Service Provider shall provide notice to the Client as soon as possible and make reasonable efforts to reschedule the Services at a mutually convenient time.
  • The Client acknowledges that the quotes given are estimates based on the information available at the time of assessment and are subject to change if additional work or unforeseen circumstances arise during the performance of the Services. In such cases, Service Provider shall provide notice to the Client and obtain the Client’s consent prior to commencing any additional work that may affect the final cost of the Services
  1. Warranty and Liability
  • The Service Provider warrants that the Services will be performed in a professional and workmanlike manner in accordance with industry standards and best practices. The Service Provider will use reasonable skill, care, and diligence in the performance of the Services.
  • If the Client is not satisfied with the quality of the work, the Service Provider will make reasonable efforts to correct any deficiencies promptly. However, the Service Provider shall not be liable for any damages or losses, including but not limited to, damage to property or personal injury, arising from the Services provided. The Client acknowledges that the Service Provider has made no warranties or representations, express or implied, with respect to the Services, except as expressly set forth in this Agreement.
  • The Service Provider maintains a full coverage general liability insurance policy underwritten by a reputable insurance company. This policy covers any damages caused by the Service Provider during the course of providing Services, subject to the terms and conditions of the policy.
  • The Service Provider wants the Client to know that the Service Provider takes its legal obligations seriously and will take all necessary steps to protect its rights and interests. In the event of a dispute or claim arising out of or in connection with the Services, the parties agree to first attempt to resolve the matter amicably through good faith negotiations. If the matter cannot be resolved through negotiation, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. The parties hereby waive any right to a trial by jury or to participate in a class action.
  1. Joint Obligations of the Parties:
  • The Parties agree to be jointly and severally bound by the terms and conditions of this Agreement. Each Party shall be responsible for performing its respective obligations under this Agreement. In the event that one Party fails to perform its obligations under this Agreement, the other Party may, at its option, perform the obligations of the defaulting Party and seek reimbursement for any costs incurred from the defaulting Party.
  • Furthermore, the Parties agree that they will not enter into any agreement with any third party that would conflict with or undermine the obligations and performance of this Agreement without the prior written consent of the other Party.
  • The Parties also acknowledge that they are in a position of trust and confidence with each other and agree to act in good faith and deal fairly with each other in all aspects of this Agreement. Any actions taken by either Party that violate this duty of good faith and fair dealing shall be deemed a material breach of this Agreement.
  • This clause is intended to ensure that both parties are equally responsible for upholding the terms of the agreement, and that any breach of those terms will be taken seriously and may result in legal action.
  1. Termination
  • Either party may terminate this Agreement at any time by providing written notice to the other party. Notice of termination must be sent via email to [insert Service Provider’s email address] or by mail to [insert Service Provider’s business address: 3016 Padgett RD Hopkins, SC 29061].
  • In the event of termination, the Client shall pay the Service Provider for all Services performed up to the date of termination. Any outstanding payments for Services rendered prior to the date of termination will become immediately due and payable. The Service Provider reserves the right to withhold any deliverables or materials until full payment has been received.
  • Termination of this Agreement by the Client will not relieve the Client from any obligation to pay for Services rendered. Additionally, termination of this Agreement by the Service Provider shall not relieve the Client from any liability for payment for Services already provided.
  • The Service Provider shall have the right to terminate this Agreement if the Client fails to make any payment due to the Service Provider within 30 days of the due date. In the event of such termination, the Client shall be liable to pay for all Services rendered up to the date of termination.
  • The termination of this Agreement shall not affect any rights or obligations which have already accrued to either party prior to the date of termination
  1. Governing Law and Dispute Resolution
  • This Agreement will be governed by and interpreted in accordance with the laws of the State of South Carolina, without regard to its conflict of laws provisions.
  • Any dispute or controversy arising under or related to this Agreement shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration proceedings shall be conducted in the English language and take place in South Carolina, USA, unless otherwise agreed to by the Parties in writing. The Parties shall mutually agree on a single arbitrator to preside over the arbitration proceedings. If the Parties are unable to agree on an arbitrator, the AAA shall appoint one. The decision of the arbitrator shall be final, binding, and enforceable in any court of competent jurisdiction. Each Party shall bear its own costs, including its own attorneys’ fees, associated with the arbitration proceedings, unless the arbitrator determines otherwise.
  • The procedural law applicable to the arbitration proceedings shall be the laws of South Carolina, without regard to its conflict of laws provisions. The arbitrator shall have the authority to grant any relief that would be available in a court of law, including injunctive relief or specific performance. Notwithstanding the foregoing, either Party may seek interim or provisional relief from any court of competent jurisdiction to protect its rights or interests pending the outcome of the arbitration proceedings.
  1. Indemnification:
  • The parties agree to indemnify, defend, and hold harmless each other, their affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with any breach of this Agreement, any act or omission of the indemnifying party or its personnel, or any violation of applicable law by the indemnifying party or its personnel.
  • The indemnifying party shall have the right to assume control of the defense and settlement of any claim subject to indemnification by providing written notice to the indemnified party; provided, however, that any settlement must be approved in writing by the indemnified party (which approval shall not be unreasonably withheld, conditioned, or delayed). The indemnified party may participate in the defense of any such claim at its own expense.
  1. Severability, Waiver
  • If any part or provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining parts of the provision or the remaining provisions of the Agreement will remain in full force and effect to the extent permitted by applicable law. The invalid or unenforceable provision will be interpreted to the greatest extent possible to achieve the intended purpose of the original provision.
  • In the event that either Party waives any provision of this Agreement, that waiver will only be effective if it is made in writing and signed by the waiving Party. Any such waiver will not be construed as a waiver of any other provision of the Agreement, nor will it be deemed a continuing waiver unless expressly stated in writing.
  1. Confidentiality Clause:
  • The parties acknowledge that in the course of their business relationship, each may have access to and become acquainted with certain confidential and proprietary information of the other party, including but not limited to technical, financial, business, marketing, and operational information (“Confidential Information”).
  • Each party agrees to maintain the confidentiality of the other party’s Confidential Information and to use it solely for the purpose of performing its obligations under this Agreement.
  • Each party shall use reasonable efforts to protect the other party’s Confidential Information from disclosure to any third party. Such efforts shall include, but not be limited to, securing and safeguarding all Confidential Information in a secure manner, limiting access to such Confidential Information to those employees or agents who have a need to know such information, and advising all such employees and agents of the confidential nature of such information.
  • Notwithstanding the foregoing, Confidential Information may be disclosed to the extent required by law or by order of a court or other governmental authority, provided that the party required to make such a disclosure shall, to the extent permitted by law, give the other party prompt notice of such requirement and an opportunity to contest such requirement or seek a protective order.
  • The obligations of confidentiality set forth in this clause shall survive the termination of this Agreement and shall continue in full force and effect for a period of [insert number of years] years following such termination.
  1. Force Majeure.
  • Neither party shall be liable for any delay or failure to perform its obligations under this Agreement to the extent such delay or failure is caused by an event or circumstance beyond the reasonable control of such party, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, accidents, strikes, epidemics, pandemics, or other natural disasters (each, a “Force Majeure Event”).
  • If a Force Majeure Event occurs, the affected party shall give prompt written notice to the other party, and the affected party’s performance shall be excused for the duration of the Force Majeure Event.
  • The parties shall use reasonable efforts to mitigate the effects of the Force Majeure Event and to resume performance of their obligations under this Agreement as soon as reasonably practicable after the cessation of the Force Majeure Event
  1. Independent Contractor.
  • The Service Provider is an independent contractor and not an employee, partner, or agent of the Client.
  • The Service Provider shall have no authority to bind the Client to any contract or obligation, nor shall the Service Provider be entitled to any benefits or protections afforded to the Client’s employees.
  1. INUREMENT
  • This Agreement will have legal force and benefit both Parties involved, as well as their respective heirs, executors, administrators, permitted successors, and assigns.
  • This means that the terms of the Agreement will continue to apply even in the event of a change of ownership, merger, acquisition, or any other transfer of rights or responsibilities related to the Parties or their businesses.
  • The heirs, executors, and administrators of the Parties will be bound by the Agreement and its terms, as well as any permitted successors or assigns that may take over the Parties’ respective roles or obligations.
  1. Notices.
  • Any notices or communications required or permitted under this Agreement shall be in writing and shall be sent by registered or certified mail, return receipt requested, or by email with a read receipt confirmation, to the respective addresses of the Parties as set forth in the introductory paragraph of this Agreement or to such other address as either Party may from time to time notify the other Party in writing.
  • Notices sent by mail shall be deemed to have been given three (3) days after mailing, and notices sent by email shall be deemed to have been given when sent and the read receipt confirmation is received.
  1. Titles/Headings
  • The headings included in this Agreement are provided solely for the convenience of the Parties and do not form part of the Agreement’s substantive provisions.
  • Therefore, the headings should not be taken into consideration when interpreting the Agreement or any of its terms.
  • Instead, the actual language of the Agreement itself should be the sole source of interpretation. Any inconsistencies or conflicts between the headings and the substantive provisions of the Agreement should be resolved in favor of the latter.

 

  1. Entire Agreement
    • This Agreement constitutes the entire understanding between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.
    • This Agreement may not be amended or modified except in writing signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.

Service Provider:

XXXX

By: [insert name and title]

 

Client:

[insert Client Name]

By: [insert name and title]

 

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