Brush With Color Utilizes a Painting Contract to Protect Both the Company and the Customer. Our Contract is Written in Simple Language and Describes the Work, the Time Frame, the Costs & How any Conflicts Can be Resolved. Call Us with any Questions you Have at (603) 770-5072.

Interior Painting Contract

This Painting Contract (“Contract”) is entered into Saturday, December 28, 2019 (“Effective Date”), by and between BRUSH WITH COLOR PAINTING. (“Contractor”) and Christine Erickson ith an address of 13 Cedar Street, Newmarket New Hampshire, (“Customer”), collectively the “Parties.”

1.     Painting Services. The Customer wishes to obtain the Contractor’s services to perform the following work:

 As described in Invoice #

  (“Services”).

 The Services are to be performed at the following address:

13 Main Street, Dollyland

(“Property”).

 The Contractor agrees to furnish the labor, materials (excluding paint), and supplies necessary to perform the Services in accordance with the terms and conditions contained in this Contract. Upon completion of the Services, the Contractor will remove all materials, supplies, and other debris.

 2.     Purchase of Materials. The Contractor shall assist the Customer who shall provide for and purchase all paint and primers that are needed to complete the work and the Contractor shall provide all disposable materials such as, rollers, brushes, tarps, roller covers, tape, sandpaper, abrasives, joint and wood compounds for surface prep.

 3.     Changes in the Services. The Customer may request reasonable changes to the Services described in Section 1. Any changes to the Services must be in writing and signed by both the Contractor and the Customer. The Customer agrees that any changes to the Services may result in additional charges and extend the Painting Schedule described in Section 3.

 4.     Painting Schedule. The Contractor will complete the Services in accordance with the following schedule. The Customer agrees that all dates are subject to change if Customer requests any changes or additions to the Services. Completion date is further subject to weather conditions.

Estimated Start Date:                                      July 23, 2039

Estimated Full Completion Date:                        TBD

 OR

                 Parties agree that a specific time schedule for completion shall not apply.

 5.     Payment Schedule. The Customer agrees to pay the Contractor the Total Payment specified below for the Services in accordance with the following schedule:

 Deposit execution of the Contract:            $   700.00 *

Upon Full completion of the home             $  1,900.00

TOTAL AMOUNT DUE:                                   $2,600.00    

The Contractor agrees to provide the Customer a breakdown of all costs (i.e., materials and labor) upon Customer’s request.

* Minimum of $150.00 refundable deposit is required to hold a start date.

Contractor agrees to provide the Customer a breakdown of all costs (i.e., materials and labor) upon Customer’s request.

6.      Fixed Priced With Hourly Rate Structure. The Contractor has provided the homeowner with a fixed estimate number  339 (attached) for specific work (1) painting all of the identified exterior siding and (2) repairing the specifically identified interior areas of her home.   However, the parties agree that additional work to (1) the exterior trim on the areas identified in the estimate may need additional restorative work and partial repainting.  Therefore, the contractor will repaint any trim on the identified areas of the home that is defective, has holes or is yellowing or aged and needs to be repainted for the exterior to look uniform and newly painted for resale.  Contractor will bill the homeowner for the trim repair and repainting on an hourly rate of $34.00 per hour per painter for the trim work.  Additionally, in the course of repainting the homeowner may request additional areas to be painted which are not already in the estimate or contract.  Contractor will paint those areas at the rate of $34.00 per hour per painter.  The purpose of this section is to allow a fair price for said work and allow the homeowner an easy way to address any new work they would like done while the agreed upon work is being performed

  7.      will submit weekly invoices covering hours worked and materials to the Customer who shall pay said invoice within 5 calendar days. 

Contractor agrees to provide the Customer a breakdown of all costs (i.e., materials and labor) upon Customer’s request.

 8.     Events Beyond Contractor’s Control. Customer agrees that if the Contractor is unable to complete the Services by the Completion Date because of reasons that were not caused by the Contractor (i.e., availability of necessary supplies, specific paint color, etc.) or because of events beyond the Contractor’s control (such as fire, flood, acts of God, vandalism, etc.), the Contractor will not be deemed to have breached this Contract and the time for the Contractor to complete the Services will be extended by the amount of time reasonably necessary for the Contractor to complete the Services and at a schedule agreeable to the Parties. The time for the Customer to pay the Contractor for the Services will be extended in the same manner.

 9.     Safety Precautions. The Contractor will take all reasonable safety precautions in performing the Services. The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property. The Customer agrees to keep the Property clear of all known and potential hazards. The Customer further agrees to keep all pets out of the work area of the Property.

 10.  Termination. The Customer can terminate the Contract by giving written notice: (a) if the Contractor commits any material breach of this Contract and fails to correct the breach within 10 days of notice of the breach; or (b) if there is any repeated failure by the Contractor to provide the Services of an acceptable standard and to the reasonable satisfaction of the Customer.

The Contractor can terminate the Contract by giving written notice: (a) if the Customer fails to make the payments required and set forth in Section 4 within 2 days of notice of failure to make a payment; or (b) if the Customer commits any other material, non-financial breach and fails to correct the breach within 10 days of notice of the breach.

11.  Entire Agreement. This document reflects the entire agreement between the Contractor and the Customer and reflects a complete understanding of the parties with respect to the subject matter. This Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both the Contractor and the Customer.

 12.  Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above.  The Parties each represent that they have the authority to enter into this Contract.

13.  Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or enforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

14.  Conflict Resolution / Non-Disparage:  In the event that the parties experience a conflict concerning the workmanship, product, terms of this contract or payment for services the parties agree to utilize an independent mediator or court-provided mediator to resolve their dispute prior to any final court determination / judgment.  As part of responsibly resolving any disagreements the parties further agree that the following non-disparage clause is a material term of this agreement. For the purposes of this Section and Agreement, “disparage” shall mean any negative statement, whether written or oral including internet reviews and social media statements about the customer, the company, products or individuals associated with the Company.   The parties agree that damages for said statements shall be $250.00 per instance. 

 15.  Waiver. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Contract.

16.  Applicable Law. This Contract shall be governed and construed in accordance with the laws of New Hampshire, without giving effect to any conflicts of laws provisions.

BY SIGNING BELOW, THE CUSTOMER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS CONTRACT AND THAT THE CUSTOMER IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. THE CUSTOMER SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. YOU ARE ENTITLED TO A COPY OF THIS CONTRACT AT THE TIME YOU SIGN IT.

The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:

BRUSH WITH COLOR, “CONTRACTOR”

Electronically signed /s/ James The Painter

“CUSTOMER”

Signed: _____________________________________

By: ________________________________________

Date: _____________________________________