Agreement
Service Contract
The agreement that covers the work, the payment and the terms. Read it in full below, then sign at the bottom.
EZ Drywall Service Contract
Complete the details below, read the agreement in full, then sign to accept. A signed PDF copy is emailed to you and to EZ Drywall.
Verbatim from ezdrywall-utah.com/service-contract/. Obvious spelling typos corrected — every correction is listed in TRANSFER_NOTES.md. This is a legal document: recommend counsel review before launch.
Preparation, Application, Installation, Operation, Clean Up.
Section 1. Preparation
Works or services pertaining to the preparation, spotting, pointing, detailing, flushing, sanding, and finishing of interior and/or exterior gypsum, drywall, thin wall, concrete, steel, wood, plaster surfaces, spackling of all surfaces where adhesive material are used; and all drywall pointing, taping, and finishing;
Section 2. Application
Works or services pertaining to the application of all finish or flushing materials regardless of method of application or type of surface on which materials are applied, including but not limited to texture and simulated acoustic materials of all types and the application of radiant heat fill and steel fireproofing materials.
Section 3. Installation
Works or services pertaining to the installation of protective coverings and masking prior to the application of finish materials.
Section 4. Operation
The operation and care of all taping tools and texturing equipment used in the finishing and texturing of drywall and other surfaces including brushes, rollers, spray texturing equipment, miscellaneous hand, mechanical and power tools, and the operation and maintenance of compressors required in the finishing and texturing of such surfaces.
Section 5. Clean Up
The clean up of all materials and debris occasioned by any job operation at the site of construction, alteration, or repair whether such operation occurs on the interior or exterior of a building.
Payment For Services
Section 1. Payment
Payment for services will be by the person/person's listed in this agreement. Such person will pay compensation to EZ DRYWALL for the services in the amount listed in this agreement. This compensation shall be payable in a lump sum upon completion of the services.
Section 2. Failure To Pay
In the event that the person listed in this agreement fails to make payment for services to EZ DRYWALL , as contemplated in the contract, immediately in a lump sum upon completion of the service, as aforementioned. Failure to do so within 14 calendar days will result in a property lien at the construction address. Filed in a court of law by EZ DRYWALL.
All Other Terms
Section 1. Relationship Of The Parties
It is understood by the parties that EZ DRYWALL is an independent contractor with respect to the service, and not an employee of a third party, and as such will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of a third party.
Section 2. Additional Work
In the event of any additional work required by EZ DRYWALL or its employees, EZ DRYWALL will provide such work only upon a written authorization of such work, and agree that payment of any additional work will be negotiated between the person listed in this agreement and EZ DRYWALL, prior to the commencement of additional work by EZ DRYWALL. Payment will also be due for additional work, as a lump sum agreed upon in writing, and due at the completion of the additional work.
Section 3. Confidentiality
EZ DRYWALL and the Person filling out this agreement, will not at any time, or in any manner, either directly or indirectly, use for their personal benefit, divulge, disclose or communicate in any manner any information that is proprietary to both parties. Both parties will protect such information and treat it as strictly confidential. This provision shall continue to be effective after the termination of the contract. Upon termination of this contract, Both parties will return any and all records, notes, documentation and other items that were used, created, or controlled by EZ DRYWALL, during the term of this contract.
Section 4. Injury
EZ DRYWALL acknowledges its obligation to obtain appropriate insurance coverage for the benefit of any employees. The property owner/person filling out this form as a representative for the property owner or a third party with lawful approval to enter into such an agreement , waives any rights to financial recovery, or any other form of recovery, for any injury that they or any third party allowed directly or indirectly onto the premises where construction is taking place inside or outside the property where the construction is taking place, may sustain while on the premises whether inside or outside, that are a result of the negligence of the property owner, person entering this agreement on behalf of the property owner, or any third party.
Section 5. Hazardous Materials
In the event that EZ DRYWALL or any employee employed by EZ DRYWALL, encounters any hazardous materials while performing the work, EZ DRYWALL may stop the work until such time as a fee has been negotiated between the property owner and EZ DRYWALL for the removal of hazardous materials. Hazardous material shall mean any material because of its quantity, concentration, or physical chemical characteristics may pose a real hazard to human health or the environment. Hazardous materials shall include, but not limited to, flammable and combustible material, toxic material, corrosive material, aerosols, compressed gases, mercury, asbestos, bulk fuels, medical waste and chemical, biological and radiological materials.
Section 6. Indemnification
The property owner/ person, or persons, filling out this form, agrees to indemnify and hold harmless EZ DRYWALL from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against EZ DRYWALL that result from the acts or omissions of the property owner, person or persons filling out this agreement.
Section 7. Assignment
Neither party may assign or transfer this contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
Section 8. Warranty
EZ DRYWALL shall provide its services and meet its obligations under this contract in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Utah's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to other drywall companies on similar projects. All materials and installations incorporated into the work shall be new, unless otherwise specified, and shall be of good quality. EZ DRYWALL agrees to repair any peeling, deteriorating, or fading gypsum board for a period of one year , and EZ DRYWALL shall not be responsible for mildew or fungus that may form on gypsum board. EZ DRYWALL shall not be responsible after this period. EZ DRYWALL shall not be responsible for the property owner, or third party representative filling out this contract's negligence. EZ DRYWALL agrees to assist in securing fulfillment of warranties provided by the manufacturer on the materials supplied by any third party. In the event, of peeling, deteriorating, fading gypsum board, within the warranty period, and through fault of EZ DRYWALL, then EZ DRYWALL agrees to repair within 30 days of notice, weather permitting. EZ DRYWALL's obligation to effect repairs, as described above in this paragraph, is the only guarantee or warranty provided by EZ DRYWALL with respect to the agreed work. No other guarantees are meant or implied unless otherwise agreed to in writing.
Section 9. Compliance
Property owner, person filling out this form, or third party, agrees that EZ DRYWALL shall not be held liable or responsible for the failure by EZ DRYWALL, to adhere to any relevant building codes, regulations, or ordinances. EZ DRYWALL shall not be held responsible or liable for any existing abnormal or unusual conditions at the premises.
Section 10. Insurance
EZ DRYWALL will maintain at its sole cost and expense, fire insurance in an amount appropriate to the premises. Such insurance coverage shall include construction, vandalism, and malicious mischief clauses. In the event EZ DRYWALL fails to obtain and maintain such insurance coverage for the work to be performed, the property owner may at its sole option purchase such insurance at such agreed upon cost prior to and during the commencement of the work and throughout the duration of the work. EZ DRYWALL will maintain workers compensation insurance prior to and throughout the duration of the work.
Section 11. Default
The occurrence of any of the following shall constitute a material default under this contract: A. The failure to make a required payment when due. B. The insolvency of bankruptcy of either party. C. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency. D. The failure to make available or deliver the services in the time and manner provided for in this contract.
Section 12. Remedies
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
Section 13. Force Majeure
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure") , and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm, or other similar occurrence, orders, or acts of military, or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
Section 14. Entire Agreement
This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written.
Section 15. Severability
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of the Agreement is invalid or unenforceable, 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.
Section 16. Amendment
This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
Section 17. Applicable Law
This Agreement shall be covered by the laws of the State of Utah
Section 18. Notice
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening of this Agreement or to such other address as one party may have furnished to the other in writing.
Section 19. Waiver Of Contractual Right
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.
Agreement To Terms Set Forth In This Contract
Section 1. Agreement By Authorized Parties.
The Client/property owner and/or third party listed at the beginning of this agreement, signs this contract having read all the terms herein, and has legal authority to enter into a Contract with EZ DRYWALL regarding the work to be performed at the address listed in the beginning of this Agreement. This person, also understands that this is legally binding agreement effective between themselves and EZ DRYWALL. Please sign to indicate you understand and agree to all the terms listed herein.