Service Agreement
This contract is between Firehawk Art Installers (the "Business") and {q3_fullname1} (the "Client") dated {date}.
The Client is hiring Firehawk to install FF&E (artwork, furniture, bathroom fixtures, and/or similar items) based upon the Client's specifications for their Project.
Terms
Invoices
Firehawk will invoice the Client after completion of milestone(s) or completion of the Project, unless otherwise noted in the Payment schedule. The Client agrees to pay invoice(s) by the due date(s) specified. Unpaid or overdue invoices may result in suspension or termination of the Project.
FINAL PAYMENT DUE UPON COMPLETION. If the CLIENT(s) fails to pay FIREHAWK the final payment through no fault of FIREHAWK, CLIENT(s) agree(s) to pay FIREHAWK all costs of enforcement or collection including reasonable attorneys’ fees whether or not a lawsuit is commenced as part of the collection process.
Full and Final payment from CLIENT shall signify that CLIENT has approved of the work completed and that the job, including any necessary clean-up, is in acceptable condition.
Payment Methods
Payment will be made to Firehawk via cash, Zelle, check, or an approved payment card.
Authority to Sign
Each party has the authority to enter into this Contract and to perform all of its obligations under this Contract.
Terms and Conditions
CLIENT agrees that any item weighing one hundred (100) or more pounds, and/or any item that is installed with the bottom of said item at or above six (6) feet from the ground shall not be subject to the herein stated Warranty, and CLIENT shall assume all liability and totally hold FIREHAWK harmless for all damage or injury, including death, caused by such items.
FIREHAWK retains the right to use employees or subcontractors to complete all the duties required of this Agreement at FIREHAWK’s discretion. Should subcontractors be needed to complete the work outlined in this Agreement, FIREHAWK has full authority to select subcontractor used and no notice need be delivered to CLIENT.
FIREHAWK, at FIREHAWK’s sole discretion, may utilize 1 installer for CLIENT’s job at a rate of $95/hour or utilize 3 installers for CLIENT’s job at a rate of $265/hour, based on CLIENT’s description of work to be performed.
The parties agree that time is of the essence, and therefore the work to be performed under this Agreement shall be commenced on the agreed date. If CLIENT cannot meet the requirements of the installation date specified in this contract, CLIENT will provide a written notice to FIREHAWK, and propose a revised installation date two days in advance.
CLIENT agrees to indemnify, defend, and save FIREHAWK harmless from and against any and all liability which FIREHAWK may be responsible for or payout as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by any negligent act, negligent omission, or willful misconduct of Contractor or its employees, its agents, or independent contractors, which occurs in connection with Contractor’s performance of this Agreement.
Client agrees to indemnify, defend, and save Contractor harmless from and against any and all liability which Contractor may be responsible for or payout as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Client’s breach of this Agreement or by any negligent act, negligent omission, or willful misconduct of Client and/or Client’s employees, agents, independent contractors, and residents in connection with its performance of this Agreement.
Neither party shall be liable for consequential, incidental, or punitive damages arising out of the performance of or failure to perform this Agreement.
FIREHAWK shall not be responsible for any installations or other work that is altered, adjusted, modified, or otherwise changed at any time after completion by FIREHAWK. This shall include all intentional and unintentional changes to the installed items as well as the walls or other structure supporting such installed items.
Modifications
The Client and the Business must agree to any changes to this contract in writing.
Client Will Review Work
The Client promises to review the work product, to be reasonably available to the Business if the Business has questions regarding this project, and to provide timely feedback and decisions.
Warranty
FIREHAWK warrants to the CLIENT(s) that the materials furnished under this Agreement will be new unless otherwise required or permitted, that the work of this Agreement will be free from defects, and that both the materials and workmanship will be free of defects for a period of six months from completion and acceptance of the work.
This Warranty excludes remedy for damage or defect caused by abuse, modifications not executed by FIREHAWK, improper or insufficient maintenance, normal wear and tear under normal use, acts of God and conditions (including latent conditions) present prior to the work contracted for pursuant to the terms of this Agreement.
FIREHAWK shall in no way be liable for defect or failure of preexisting CLIENT property used or otherwise related to the services provided by FIREHAWK.
Pursuant to the terms of this Warranty, FIREHAWK will, upon notice from CLIENT(s), cause such defects to be corrected at no additional cost to CLIENT(s).