48 Hour Painting Services LLC
This document serves as a binding agreement between the property owner, hereby identified as “client,” and 48 Hour Painting Services LLC and its agents, owners, employees, and subcontractors, hereby identified as “Company,” for the execution of services in exchange for payment for residential painting services.
Permissions
Client or his/her agent agrees to allow Company on the property for the purposes of painting services. Client understands that there is no set timeframe for the completion of services and several visits to the property may be required. Company also has the permission to visit the property to assess service needs prior to the date of service, as well as to check completion after services have been rendered.
Client agrees to allow the Company to utilize the property’s exterior access for preparation work, including water sources (if applicable), and ensure access to the areas that will be painted on the day of service. If specific property access is required, the Client will notify the Company in advance.
Acknowledgment of Risks and Releases of Liability
Painting, especially exterior painting, requires certain preparations, including the use of scaffolding, ladders, or pressure washers (for cleaning before painting). 48 Hour Painting Services LLC’s technicians are trained in using their equipment and take the utmost precautions to avoid causing harm to your property. However, certain risks, such as damage to poorly maintained surfaces or defects in building materials, may exist.
It is the responsibility of the homeowner to ensure that the property has been maintained in accordance with manufacturer recommendations, and any areas of concern must be repaired before painting begins. The homeowner assumes all risks related to pre-existing conditions, and the Company is not responsible for damages related to defects in the property.
On the date of service, the Company will inspect the property and document pre-existing damage in writing. This document may not be all-encompassing, and new damage could become visible during the painting process. In such cases, the Company will pause work and notify the client to assess the situation.
The Client also agrees to release the Company from liability for any injuries that occur due to equipment placement, such as tripping/falling over equipment, or injuries related to debris or equipment.
Client Responsibility On The Day of Service:
•Please ensure that access to the property is unobstructed.
•Please ensure windows and doors are securely shut and sealed.
•Remove pets from the service area.
•Clear work areas of items such as doormats, flags, and sensitive materials.
The Company recommends turning off power to any exterior outlets or lights that may interfere with the painting process. If you have specific surfaces that should not be cleaned or painted with standard cleaning chemicals or paints, please notify the Company in advance.
Exclusions:
•There is a $50.00 cancellation fee if notice is not given within 24 hours of service, or if the Company arrives and cannot begin work due to failure to meet preparation steps outlined.
•The Company is not responsible for water intrusion or damage caused by pre-existing conditions like poor seals on windows and doors or cracks in walls.
•There is no guarantee that all stains will be removed or fully concealed by paint. While the Company strives for 100% satisfaction, some stains or conditions may affect the outcome.
•Notify the Company if there are any surfaces on or near the home that should not have paint applied to them.
Media Release:
Client agrees to allow 48 Hour Painting Services LLC to utilize photos, descriptions, reviews, quotes, or videos of the property and/or the client for marketing or advertising purposes. The Company will use these materials without any compensation to the Client. The Client agrees not to take punitive action against the Company regarding the use of media, including photos, addresses, testimonials, and videos posted online or displayed on the Company’s website or social media. The Client also agrees to allow the Company to display a marketing sign on the property for no more than seven calendar days. Any damage to this sign will be charged to the client at full retail cost.
Corrections of Damages:
48 Hour Painting Services LLC shall only be obligated under this contract for structural damages caused by operator error, gross negligence, or willful misconduct. Damages must be discovered and reported within 3 calendar days of completion. Upon receipt of written notice, the Company shall have 30 calendar days from the date of receipt to inspect the premises. The Company shall have the option to repair or subcontract repair work to correct any damages caused by the Company.
Payment Terms:
Payment is due at the end of the first day of work unless alternate arrangements have been made and initialed on the service agreement. If the client uses an AMEX (American Express) credit card for payment, a 3% processing fee will be applied.
Same day cancellations will result in a flat rate fee of $100 to cover the labor/time slot allocated for the service.
Collection of Outstanding Debt:
48 Hour Painting Services LLC reserves the right to attach a mechanic’s lien against the property for non-payment. At 30 days past due, a formal notice of intent to file a lien will be sent via registered mail. An interest rate of 2% per month begins accruing after 31 days of non-payment. 48 Hour Painting Services LLC reserves the right to enter into civil claims court to collect outstanding debt. All legal fees incurred will be added to the remaining unpaid balance.
Forum Selection Clause / Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any disputes, claims, or controversies arising out of or relating to these Terms, your use of our services, or any other matter between you and 48 Hour Painting Services LLC, shall be resolved exclusively in the state or federal courts located in North Ridgeville, Ohio.
By using our services, you agree that North Ridgeville, Ohio, shall be the sole and exclusive venue for resolving any disputes. You further waive any objections to personal jurisdiction or venue in these courts, including any argument that such venue is inconvenient.
Agreement to Terms:
By accepting an estimate, the Client agrees that all specifications and conditions are satisfactory and hereby accepted. You authorize 48 Hour Painting Services LLC to do the work as specified on the proposal/estimate form. You release 48 Hour Painting Services LLC from property damage unless caused by gross negligence or willful misconduct. 48 Hour Painting Services LLC is not responsible for damage to loose siding, windows, paint, or wood trim. Any damages due to the above are the responsibility of the owner.