Terms - Anastasia Painting

Anastasia Painting’s Additional Terms & Conditions

The Terms and Conditions appearing here have been incorporated by reference to your original agreement for services. Any capitalized terms used herein shall have the same meanings as set forth in your original agreement. To the extent any terms contained here are indirect conflict (topic for topic), then the terms found on the signed agreement shall control. Any and all terms not in conflict are a part of your complete agreement for services with Anastasia Painting.

Terms such as “we”, “us”, or “our” are to mean Anastasia Painting. Terms such as “you”, “the Client”, or “your” are to mean the individual or organization requesting services under the terms of this agreement. Anastasia Painting and the Client may be referred to herein individually as a “party” or together as the “parties” to this Agreement.

Term/Time for Performance: The term of this agreement shall begin on the date the Agreement is signed, and shall end upon the completion of the services set forth within the Agreement. Subject to any Force Majeure (as further defined below), the time for performance shall be mutually agreed upon between the Parties at any time during the execution of the agreement, or within a reasonable time after the final scope of work has been set. While reasonable delays may occur, under no circumstances shall the term of this agreement extend beyond twelve (12) months from the date the agreement is signed. Should Client be primarily responsible for delays in excess of six (6) months, Client shall be responsible to remit to Anastasia Painting the full contract value of the services to be rendered as liquidated damages. In determining whether or not Client is primarily responsible for the delays, Anastasia Painting shall be held to a reasonableness standard consistent with other similarly situated painting contractors, and cannot be expected to undertake commercially unreasonable measures to meet the needs of Client.
1. Job Scheduling Procedure: As is more completely set forth herein, it is understood that each and every project is completed on a “first come, first served” basis, subject to clients completion of related approvals, renovations, etc. This is to mean that the sooner all related approvals, repairs, additions, etc. can be confirmed and completed, the sooner your Project will be on the Calendar. If you have a specific “Deadline” that is required to be met, it is YOUR responsibility to notify Anastasia Painting of that Deadline PRIOR to signing this Agreement. Your failure to do so shall result in a full and complete waiver of any damages you may or may not be entitled to for Anastasia Painting’s failure to complete the Project prior to your Deadline.
2. Inspection/“Call Backs”: Under certain circumstances, you may notice that something that we missed. You are required to perform your post completion inspection within 48 hours after we’ve left the Project site. If you fail to notify us within this allocated time, you MAY be responsible for additional fees related to travel time and materials. Once any identified items have been properly remedied, the Project will be considered “closed” and any further requested work will be subject to additional charges.
Late Payment Terms: The full contract price shall be paid to Anastasia Painting at the time of completion in the form of Cash (US Currency) or a Check made out to Anastasia Painting. Should you fail to make full payment within five (5) days after the completion of the above described project, any unpaid balance will begin to accrue interest at the rate of 18% per annum, or the maximum interest rate permitted by law, whichever is higher. In addition, you will be responsible for any and all reasonably incurred costs of collection by Anastasia Painting including, but not limited to attorneys fees and court costs.
Non-Assignment by Anastasia Painting: Anastasia Painting hereby agrees that, under no circumstances shall Anastasia Painting assign its rights, in whole or in part under the terms of this Agreement to any third party not in direct contract with Client. This is to mean that Anastasia Painting will be the contractor performing any and all work required under this Agreement.
Termination by Client: Except as set forth within this section, Client shall not be able to terminate or cancel this agreement without providing to Anastasia Painting liquidated damages.
1. Effect of Termination: Should Client elect to terminate this agreement, Client shall have committed a material breach of this Agreement and will be responsible for remitting to Anastasia Painting liquidated damages as set forth below. Furthermore, Client shall not be entitled to any equitable ownership of materials which may or may not have been purchased in order to complete the contemplated Project. Furthermore, Client shall not be guaranteed to receive the exact same price as previously contracted should it desire to execute a new contract for the work.
2. Liquidated Damages: As a direct result for its material breach of this Agreement, Client shall be required to pay to Anastasia Painting the amounts set forth below as liquidated damages. The Parties agree that each amount set forth below (as a percentage of the contract value) have been calculated in such a fashion as to reimburse Anastasia Painting for its reasonably incurred costs and expenses, as well as a portion of its lost profits as a direct result of Client’s material breach of this Agreement.
  1. Should the Cancellation/Material Breach by Client occur:
    1. less than 3 days prior to scheduled commencement: 100%
    2. greater than 3 but less than 10 days prior to scheduled commencement: 75%
    3. greater than 10 days but less than 30 days prior to scheduled commencement: 50% plus the actual cost of materials to be calculated within 48 hours after notice of termination. An itemized list will be provided along with the demand for payment.
    4. greater than 30 days prior to scheduled commencement: 20% plus the actual cost of materials to be calculated within 48 hours after notice of termination. An itemized list will be provided along with the demand for payment.
Termination by Anastasia Painting: Anastasia Painting reserves the right to terminate this agreement, for cause, should any of the items further described below occur. In the event Anastasia Painting elects to terminate this agreement in accordance with this section, Anastasia Painting shall have no further liability to Client effective as of the date of termination. Furthermore, to the extent Anastasia Painting has already begun to perform under the terms of this Agreement, Client shall be liable to Anastasia Painting for the full value of the services and products already rendered to the Client, and otherwise non-returnable to their respective manufacturer/vendor. A “for cause” termination by Anastasia Painting shall include termination based on:
1. Any material misstatement or misrepresentation by the Client as to the scope of the project; or
2. The work site becoming unsafe or unreasonably hazardous to Anastasia Painting and its employees/agents for reasons not directly associated with Anastasia Painting; or
3. A pattern of harassment or actions by Client, or Client’s affiliates, agents, employees, or family members to representatives of Anastasia Painting creating an untenable, unsafe, or otherwise hostile work environment for Anastasia Painting’s employees and agents.
What Anastasia Painting WILL and WILL NOT do:
1. What we WILL do:
  1. Treat your property with care & respect.
  2. Apply materials in accordance with manufacturer standards.
  3. Communicate with you related to any issues we find (e.g. damage)
2. What we WON’t do:
  1. Move large or fragile items within your home. (e.g. Art, Tapestries, Couches, Tables, etc.)
  2. Plug in/reattach or reconfigure any and all electronic devices within or outside of your home. (e.g. Home Entertainment/Security Systems, etc.)
  3. Remove pool screens which may interfere with our ability to reach/paint certain portions of the home. Removal and reinstallation shall be at Client’s sole expense.
What YOU (the home or business owner) must do: In order to facilitate the timely completion of the Project, the Client is expected to complete the following:
1. Necessary Approvals (HOA/Association or otherwise): Within five (5) business days after having executed the Agreement, and/or having selected colors, whichever is later, Client is responsible for submitting the selected colors to any association or organization (or subcommittee thereof) for approval. After submission, it is Client’s responsibility to notify Anastasia Painting of the progress related to the necessary approvals. Client understands that Anastasia Painting will NOT set a commencement date for the project until AFTER the necessary approvals have been received.
2. Site Inspection: Prior to the commencement of the property, Client should thoroughly inspect the Project area for existing damage and/or potential safety hazards. Ideally, Client should take pictures of any relevant areas and send them to Anastasia Painting as soon as reasonably possible. Should client fail to notify Anastasia Painting related to the above, it may incur additional costs associated with the Project should Anastasia Painting be required to expend additional time or resources not originally anticipated.
3. Removal of Valuable and/or Fragile items: As detailed in article VI above, we will only assist with the moving of “move ready”, non-fragile, items. You will be responsible for the removal of all other items from walls, or the general vicinity where the painting will take place. Anastasia Painting does not assume any liability for damages to improperly removed valuable and fragile items. It is highly recommended that you utilize the services of a professional mover should you have any question.
4. Removal of Electrical Goods from area where work will be carried out: We can, if it has not been done so already, remove/unplug electrical equipment related to home entertainment systems and the like. HOWEVER, it is entirely the responsibility of Client to reattach and confirm the operation of these items. Under no circumstance will Anastasia Painting be held responsible for re-connecting and/or confirming the operation of your electronic equipment, nor responsible for any alleged damages thereto.
5. Notice to other related services: YOU MUST undertake any and all steps necessary to protect the integrity of your paint/coatings when they are applied. This includes, but is not limited to, ensuring that other services (e.g. Lawn, Tree Trimming, Bug Services, Pool, Irrigation, etc.), are properly rescheduled or cancelled in order to allow the paint/coatings to cure properly in accordance with manufacturer instructions. Your failure to appropriately coordinate these items COULD result in your project being delayed.
VIII.Use of Licensed Contractors: In certain circumstances, prior to the commencement of any work on the Project, other licensed contractors (e.g. Electrician, Carpenter, etc.) may be required to complete certain things BEFORE Anastasia Painting can begin its work. By way of example, drywall may be damaged beyond simple repair, electrical may need to be relocated or made safe, etc. In any such circumstance, Client shall be solely responsible for the contracting and payment of the required licensed contractor(s). It is understood that, if the Project requires the work of other licensed contractors, that Anastasia Painting will not officially schedule commencement on the Project until AFTER the related work has been completed.
Damages & Substandard Workmanship:
1. PRESSURE WASHING DISCLAIMER: YOU have been made aware of the specifications to which we will pressure wash your home. Furthermore, you acknowledge that there is no way to be 100% certain as to the general condition of your current windows, seals, any other related structural elements of the home. At the designated pressure we utilize, no further damage should occur. You hereby agree to indemnify and hold Anastasia Painting harmless as relates to any damages which may occur, or be brought to light as a result of the pressure washing of your home or business.
2. CONSTRUCTION DEFECTS DISCLAIMER: Many homes in Florida have general construction issues from the builder. These issues may include improperly applied stucco, windows, and doors, and/or improperly poured foundations. While it is possible that the services provided by Anastasia Painting may temporarily resolve some of these issues (e.g. cracking in stucco), unless specifically noted, the products being used by Anastasia Painting are not designed to remedy any of these flaws. Anastasia Painting cannot be held responsible for the deterioration of products applied to your property if the underlying issue is that of a construction defect, and not a defect in the material.
3. EXISTING DAMAGE DISCLAIMER: To the extent your home or business has existing damage that you’ve elected to NOT repair prior to painting, Anastasia Painting cannot be held responsible for any ADDITIONAL damage caused during the application of the paint or other coating. In addition, any relevant warranty related to the materials will be VOID.
Privacy Policy: We will never sell or otherwise pass on your contact information/details to any other company or third party UNLESS required to do so by law, or as a direct result of the nature of the work being performed for you. When you contact us, your details may be retained to assist with your inquiry and the execution of the eventual job.
1. Photos of Job Site: You hereby grant us a lifetime, royalty free license to utilize images (before and after) of the our work at Your property for the purpose of marketing, and to demonstrate a portfolio of work. While we endeavor to avoid it, these images may reveal the location of, or the name of your neighborhood or business. Should you desire that we NOT use images from your project, you are required to notify us prior to the completion of our work on site.
2. Roadside Sign: You hereby grant us a right to place a sign on your property upon our arrival on site to begin work in accordance with this Agreement. The sign shall be of similar size and materials to those used during an election season. You agree to leave this sign up until our work is complete, and for at least five (5) days afterwards. After such time, a representative from Anastasia Painting will pick up the sign from your property. Should a sign of this type violate any covenants & restrictions of your community, it is YOUR responsibility to notify us in a timely manner.
  1. Should you dispose of the sign within the five (5) day window above, you shall be charged a $25 fee in order to allow us to replace the sign.

Discounts & Promotions: Anastasia Painting reserves the right to run various promotions and or offers to clients at any time throughout the year. These promotions or offers may require certain actions by the client in order to qualify. In order to qualify for a related promotion or offer, Client must undertake the required actions BEFORE the agreement is signed. Should the Client fail to do so, Anastasia Painting is under no obligation to provide the applicable discount or promotion.
Time to bring a cause of action/Repose after ninety (90) days: This section is present to act as a “gap filler” in the event a statute does not properly assign a Statute of Limitations to a specific cause of action by Client against Anastasia Painting. In such an event, any action brought by Client against Anastasia Painting must be brought within ninety (90) days of the completion of Anastasia Painting’s work on the project contemplated by the Agreement.
XIII.Limitation on Damages: The liability to Client and/or any party affiliated with Client of Anastasia Painting and/or any party affiliated with Anastasia Painting for any claims, demands, suits, agreements, judgements, costs, expenses, liabilities, and/or proceedings of any kind, wherever situated, that arises out of, is resulting from, or is in any way connected with the performance or breach of this Agreement shall in all events be limited to the amount actually paid by Client for the portion of services involved. This limitation shall apply regardless of the form or nature of the action or the underlying theory of recovery, including without limitation actions premised on breach of contract, negligence, and/or strict liability.
Incidental, Special or Consequential Damages: In no event shall Anastasia Painting and/or any party affiliated with Anastasia Painting be liable to Client and/or any party affiliated with Client for incidental, special, or consequential damages (including, without limitation those resulting from lost profits, lost savings, lost data, loss of use, or business interruption) arising out of, resulting from, or in any way connected with the performance or breach of this Agreement.
Warranties and Limitations of Warranties: Client shall be entitled to any and all warranties provided by the manufacturer of any materials used by Anastasia Painting in the completion of the project contemplated by this Agreement. Anastasia Painting agrees that, unless otherwise specifically stated or waived by the Client, it shall apply any and all materials in a manner consistent with the manufacturer’s specifications. Other than the manufacturers warranties, or otherwise specifically stated elsewhere herein, Anastasia Painting hereby EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE PARTIES AGREE THAT THE REMEDIES SET FORTH IN THIS AGREEMENT SHALL CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE FOR ANY BREACH OF THIS AGREEMENT, INCLUDING ANY BREACH OF WARRANTY, EXPRESS OR IMPLIED.
Entire Agreement: These terms & conditions, as well as those found within the signed Agreement between Client & Anastasia Painting represent the entire agreement between the parties and shall supercede any and all collateral agreements, representations, statements, warranties, promises, and understandings between the Parties. No representations or statements not expressly set forth within this Agreement between the Parties (including without limitation trade practice, the course of dealing between the parties, and the provisions of any sales literature, proposals or similar documents submitted to the Client) shall be binding upon either party as a warranty or otherwise.
XVII.Successors & Assigns: This Agreement shall be binding on the successors and assigns of the Client. This is to mean that, should Client die, elect to sell the subject property, or otherwise become disabled or unavailable to undertake its actions under the terms and conditions of this Agreement, Client’s successors in interest or direct assigns shall be bound by the terms and conditions of this Agreement as though they had entered into the Agreement themselves. Should the successor in interest or designated assign of Client choose to terminate, cancel or modify this agreement, they shall remain responsible for any and all costs/fees associated with such a termination, cancelation or modification.
XVIII.No Modification/Amendment: No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by an authorized representative of the party to be charged and only to the extent therein set forth. If either party issues a purchase order or other document for the services provided in this Agreement such document will be considered to be for that party’s internal use and any provisions contained therein shall be of no effect. Neither party to this Agreement shall be bound by any restrictive legends on any instrument tendered as payment by the other party.
Invalidity of Provisions: If a court of competent jurisdiction shall adjudge any provision of this Agreement to be void and/or unenforceable as applied to any party or circumstance, the same shall in no way affect or apply to any other provision, any other circumstance(s), and/or the validity or enforceability of the Agreement as a whole.
Non-Waiver: No delay or failure by either party to exercise any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right. No consent or waiver by a party to this Agreement, whether express or implied, to or of any breach or default by the other party hereto in such other party’s performance hereunder shall be deemed or construed to be a consent to or waiver of any other breach or default in the performance by that other party, whether of the same or any other obligations of that other party. Failure on the part of a party to this Agreement to complain of any act or failure to act of the other party to this Agreement, or to declare that other party in default, shall not constitute a waiver by that party of its rights under this Agreement irrespective of how long that failure continues. The giving of consent by a party to this Agreement in any one instance shall not limit or waive the necessity to obtain that party’s consent in any future instance.
Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which shall constitute a single Agreement to be effective as of the date signed by both parties.
XXII.Notices: All notices to be provided in accordance with this agreement shall be in writing and delivered in any commercially reasonable manner via courier service (e.g. USPS, FedEx, UPS, etc.). Notices shall be delivered using the addresses found within the Agreement, or as updated from time to time by the parties.
XXIII.Force Majeure: Except as specifically address elsewhere within the Agreement, neither party shall be liable for delay in performance hereunder due to causes beyond its reasonable control. The definition of a “Force Majeure” for the purposes of this Agreement is to mean:
1. any act of God (such as, but not limited to, fires, explosions, earthquakes, sinkholes, drought, tidal waves and floods, hurricanes, and tornados.); or
2. any inclement weather or condition that, by manufacturer’s recommended standards, would not be suitable for the application of certain materials (paint, epoxy, or other related materials); or
3. riot, commotion, strokes, go slows, lock outs or disorder, unless solely restricted to the employees of Anastasia Painting; or
4. acts or threats of terrorism.
XXIV.Choice Law & Venue: This Agreement and all issues arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida without regard to its principles of conflicts of law. Any action(s) brought hereunder shall be brought and litigated in the courts of the State of Florida located in the Saint Johns County. Each party hereto (i) irrevocably waives any objection on the grounds of venue, forum non-conveniens or any similar grounds, (ii) irrevocably waives any right of removal to the federal courts or any other system of courts, (iii) irrevocably consents to service of process by mail or in any other manner permitted by applicable law, and (iv) irrevocably consents to the jurisdiction of said courts.