Painting Agreement Template
A painting contract is an agreement between a customer and a contractor that is legally binding. Pricing, the scope of the design work, the deadline for deliverables (such as wireframes or final design elements), payment terms, intellectual property rights, and other legal aspects are all included.
What is a Painting Agreement?
A painting agreement is a legal contract between a painter and their customer for a painting job. In order to make a painting agreement an official document, both parties should agree on all the terms and conditions included in the contract and have their signatures on it.
A well-written or well drafted painting contract will help providing a list of expectations and specifics of the job to the painter and it will inform the customer about the payment policies and how much do they need to pay the painter in exchange of the painting job.
A good painting agreement will include all of the things that are expected as well as the responsibilities of customer and the painter. A painting agreement will help in having a clear communication between the painter and their customer and it will assure both parties that they are on the same page about everything. A contract like this will also protect the interests of both parties.
It is important to note that there should be a lawyer or a member of legal team present while you are signing a painting agreement, whether you are the customer or the painter. By having a legal team member present at the time will help in case anything goes wrong in future. A lawyer will help in solving disputes in ways that do not break any kind of laws.
As a painter, in order to run a successful painting career, you need to come up with a simple and precise draft of your painting agreement that isn’t too strict or too friendly and is totally professional. This will attract more customers towards your business as the customers always look for professionalism.
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Things to include in a painting agreement:
Following things should be definitely included in a painter contract agreement:
- Name and Location of the client and the painter
- The tasks that will be performed by the painter
- The time period of the job and the contract
- Cost
- Worksite access
- Safety
- Payment methods and policies
- Refund policies in case the customer cancels the contract, but they have already made the payment in advance, the painter will provide the customer with a refund
- Insurance
- Equipment required by the painter
- Damage control
- Ways to resolve the disputes (if any)
- Liability of losses
- Legal language that is related to non-employment relation with the customer
- Contract’s state of jurisdiction
Importance of a painting agreement
When a painting agreement is signed between a customer and painter, it will help in having a productive working relationship between them. A painting agreement is essential part of the job specially if you are an independent contractor. By signing a painting agreement, all the parties that are involved in the job will have a clear understanding about their roles and responsibilities in the project.
A painting agreement will determine the time frame of the job and if the customer asks the painter to do extra work or work overtime, they can simply refuse to do that as it is not included in the contract, and it will protect the painter from doing something that is not part of the job that was specified in the contract.
With a contract like this, both parties will be aware of the payment policies and the date and time of when the payments will be made. A painter agreement will also protect the customer in case the painter has left the job halfway or there was fraud involved in terms of the payment, the customer can then take the painter to the court as they have a legal document with the signature of the painter with all the terms and conditions written.
If you are not going to sign a payment agreement it will lead to confusions and troubles in the future. By just verbally agreeing to things, it can lead to complications as it is hard to remember what was said at the time of the agreement. If there is no signed agreement present, either of the party can disagree with things and that can lead to problems and solving those problems will not be easy because there is no legal document present that can prove either of the side wrong.
Painter may not do the job completely or do not deliver the results that the customer asked them to deliver, in such cases if there is a signed painting agreement preset, it will protect the customer and the legal teams will solve the problem but if there is no contract available and it was just a verbal agreement between the customer and painter, the customer is helpless and they cannot sue the painter or seek legal help in such cases.
Who needs a painting agreement?
A painting agreement is required by those who are looking to hire a painter for a job. Mostly residential clients hire painters or commercial clients. Residential clients hire painters usually to paint a house or a room or an apartment or any other private property. Commercial clients hire a painter to paint condo buildings, offices, retail properties or basically anything that is not a private home.
As a customer, if you are looking to hire a painter it is necessary to sign a painting agreement with them. In most cases, the painter already has a well drafted contract as it looks more professional. If they already have a written contract, it is your job to read everything written in the contract carefully in order to avoid any troubles in the future. If you do not agree with some things that are written in the painting agreement, you can simply ask the painter to remove that from your contract, in order to avoid any misunderstandings or disputes, you should negotiate with the painter and come up with terms and conditions that both of you agree upon and then you should continue the sign the painting contract. Reading the contract thoroughly before signing it will save both parties from frustrations in the future.
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Painting Contract
This Painting Contract (the “Contract”) is entered into ______________________ (the “Effective Date”), by and between __________________________, with an address of ________________________________ (the “Contractor”) and ___________________, with an address of _________________________________, (the “Customer”), also individually referred to as “Party”, and collectively the “Parties.”
Services Provided:
The following work is being requested by the Customer from the Contractor: The "Services" is defined as:
1._______________________________________________________ 2._______________________________________________________ 3._______________________________________________________ 4._______________________________________________________ 5._______________________________________________________
The Property (the location where the Services will be provided) is located at the following address ________________________________________________. In line with the terms and conditions of this Contract, the Contractor commits to provide the labor, materials, and supplies required to carry out the Services. The Contractor will clear the Property of all supplies, materials, and other wastes after the Services are finished.
Revision of Services:
The Customer may ask for fair adjustments to the services outlined above. Any modifications to the Services must be made in writing and require the customer and the contractor's signatures. The customer acknowledges that any modifications to the Services could result in extra fees.
Schedule and Location:
The following timeline is how the Contractor will finish the Services. If the client asks for any alterations or additions to the services, the client accepts that all dates are flexible. The weather will also affect when the project will be finished.
- Beginning on: ____________________________________
- Significant (__ percent) Date of completion: _____________________________
- Date of full completion: _________________________________
- Location: ____________________________________________
Payment:
According to the following timetable, the Customer agrees to pay the Contractor the Total Payment listed below for the Services:
- Upon execution of the Contract: ____________________________
- Upon completion of ____ % of the Services: _______________________
- Upon completion of all Services: ____________________________
- Total Amount: ____________________________
Upon request from the Customer, the Contractor agrees to give the Customer a breakdown of all expenses (including materials and labor).
Termination:
By Customer:
The Customer may terminate the Contract by giving written notice of termination.
If the Contractor repeatedly fails to provide the Services at an acceptable standard and to he reasonable satisfaction of the Customer.
If the Contractor commits any material breach of this Contract and fails to cure the breach within ten (10) days of notice of the breach.
By contractor:
The Contractor may end the Contract by giving the Customer written notice.
If the Customer fails to make the payments within two (2) days of receiving notice that they are due.
If the Customer commits any other material, non-financial breach and fails to remedy the breach within ten (10) days of receiving notice of it.
Dispute Resolution:
The Parties agree to use mediation if a dispute arising out of this Contract cannot be settled by mutual consent. The victorious Party will be entitled to its legal fees, including but not limited to its attorneys' fees if the dispute cannot be settled through mediation and legal action is taken.
Events beyond control:
The Customer acknowledges that the Contractor will not be deemed to have breached this Contract and that the time for the Contractor to complete the Services will be extended if the Contractor is unable to complete the Services by the Completion Date due to factors that were not caused by the Contractor (such as the availability of necessary supplies, a particular paint color, etc.) or because of circumstances beyond the control of the Contractor (such as fire, flood, acts of God, vandalism, etc.).
The same extension will apply to the customer's payment terms to the contractor for the services.
Precautions for safety:
- When providing the Services, the Contractor will take all appropriate safety procedures.
- For the protection of people and property, the Contractor will abide by all applicable laws, ordinances, rules, regulations, and orders of public authorities.
- The Customer pledges to keep any known and prospective risks off the Property.
Severability:
The remaining clauses of this contract will remain legal and enforceable even if one or more of them are found to be invalid or unenforceable for any reason. Any provision of this Contract that the Court finds to be invalid or unenforceable but that, if limited, would be made legal and enforceable shall be taken to have been written, interpreted, and enforced as so limited.
Governing Law:
This Contract shall be governed and construed in accordance with the laws of _______________________________, without giving effect to any conflicts of law’s provisions.
By signing below, the customer certifies that they have read, understood, and agree to all of the terms and conditions contained in this contract.
IF THERE ARE ANY BLANK SPACES IN THIS CONTRACT, THE CUSTOMER SHOULD NOT SIGN IT.
AT THE TIME OF SIGNING, THE CUSTOMER IS ENTITLED TO A COPY OF THIS AGREEMENT.
Contractor
Signed: ____________________________________________
Name: ____________________________________________
Date: ____________________________________________
Customer
Signed: ____________________________________________
Name: ____________________________________________
Date: ____________________________________________