The House Painters™ Contract
Approval & Payment
Approval: Digital approval is required to secure a spot on our schedule. The client agrees to make payments as outlined and waives the right to withhold payment until project completion.
Payment: Client authorizes The House Painters™ to charge the payment method on file for scheduled payments, including but not limited to deposits, progress payments, and final balances due. Client waives any right to dispute charges unless a billing error is proven. A 5% service charge applies to invoices not paid within 24 hours of completion. The account balance is due within 24 hours of project completion. Failure to pay within this period will result in an automatic 5% late fee, with additional penalties accruing every 7 days thereafter. Projects over $10,000 require weekly payments, beginning the Friday of the initial project week. Payments are calculated by dividing the balance by the estimated weeks to complete. No discounts or reductions will be given under any circumstances. All deposits are non-refundable under any circumstances.
Chargeback Protection: Client agrees not to dispute authorized credit card or ACH payments unless a billing error is proven. All concerns must be submitted in writing before a chargeback is initiated. Unresolved chargebacks may result in legal collection and additional processing fees.
Stored Payment Authorization: By approving this agreement, the client authorizes The House Painters™ to store and charge the provided payment method for all scheduled and final payments. This includes any balances resulting from approved change orders or additional services. Charges may be processed without additional verbal or written approval once services are rendered or milestones are reached, as outlined in this contract.
Final Payment: Final payment may be processed once the primary work is completed, even if minor touch-ups remain. Clients are offered one scheduled walk-through upon completion with team lead to identify any concerns.
Color Acceptance & Surface Variations: The House Painters™ is not responsible for dissatisfaction with color once it has been approved by the client. It is the client's responsibility to confirm colors in natural lighting before final approval. We do not recommend selecting colors based solely on digital representations. Due to surface differences, lighting changes, and substrate variations, color may appear differently once applied. Minor variations in tone, sheen, and texture are considered acceptable within industry standards.
Change Orders & Additional Costs
Change orders incur a $250 fee per occurrence, plus time and materials at retail, billed weekly. Additional labor or materials required beyond the estimate will be billed at the time of invoicing.
Reservation & Cancellation Policy
Work Stoppage: The House Painters™ reserves the right to halt work immediately if payment is delayed, with no obligation to resume until the outstanding balance is paid in full. Any delay caused by non-payment may result in additional rescheduling fees.
Cancellations: Cancellations made less than 30 days before the scheduled start date may incur a 5% cancellation fee based on the total project cost, in addition to the non-refundable deposit. Rescheduling is subject to availability. Any changes to the project schedule will be confirmed by The House Painters™.
Project Timeline & Conditions
The time frame quoted is a professional estimate and may be delayed due to weather, sickness, acts of God, or other unforeseen circumstances. The House Painters™ does not guarantee a completion date, specific crew size, or exact timeline. Exterior work, including pressure washing and prep, may commence without notice as conditions allow.
Jobsite Readiness & Trade Coordination: The House Painters™ is not responsible for delays caused by other trades, unprepared work areas, or restricted access. If the site is not ready on the scheduled start date, a rescheduling fee of $500 per day may be applied. Additional labor charges will apply if delays or inefficiencies are caused by trade overlap, access issues, or required rework due to other contractor mistakes.
Third-Party Scheduling & Indirect Costs Disclaimer: The House Painters™ is not responsible for any indirect costs, penalties, or damages resulting from project delays, timeline adjustments, or work conditions for any reason—including, but not limited to, fees associated with rental accommodations, moving services, furniture delivery, cleaning services, or other third-party scheduling. Clients are advised not to coordinate such services until the primary work is complete and a walk-through has been conducted. No refunds, discounts, or reimbursements will be issued for indirect or consequential costs under any circumstances.
Unforeseen Surface Conditions: If unforeseen conditions such as mold, rot, water damage, or substrate failure are discovered, additional work may be required and billed separately. The House Painters™ will notify the client before proceeding with any such work.
Force Majeure Clause
The House Painters™ is not liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to:
Natural disasters
Government actions
Labor shortages
Pandemics or other unforeseen events
Should such an event impact the project timeline, The House Painters™ will communicate with the client to reschedule or make necessary adjustments.
Lead Paint & Home Age Disclosure
The House Painters™ is not EPA Lead-Safe Certified and does not test for, contain, or remove lead paint. If the home was built before 1978, the client must disclose this in writing before work begins. The House Painters™ will not intentionally disturb lead-based paint; however, scraping, sanding, or pressure washing may result in incidental disturbance. The client is responsible for lead paint testing and hiring a certified abatement contractor if required before work begins. The House Painters™ is not liable for any lead-based paint exposure, contamination, fines, or regulatory compliance issues arising from work performed on homes built before 1978. If lead paint is discovered after work has started, The House Painters™ reserves the right to halt the project until proper remediation is completed. Additional fees may apply for delays. Compliance with federal, state, or local lead-based paint regulations is entirely the client’s responsibility.
Respect & Termination Policy
The House Painters™ maintains a professional, respectful working environment. Abusive language, harassment, or threatening behavior toward any team member is grounds for immediate termination of the agreement. In such cases, The House Painters™ reserves the right to leave the project site without further obligation. No refunds or discounts will be issued, and the full remaining contract balance will be due as agreed.
Project Completion & Liability Waiver
Client Responsibility: The client is solely responsible for documenting the property's condition before work begins and verifying completion upon project finalization.
Pre-Work Inspection: The client must inspect the property before work begins and provide written documentation with photos of any pre-existing damage. The House Painters™ may take photos or videos for internal records but assumes no responsibility for pre-existing conditions.
Client-Provided Photos Clause: Clients who fail to provide written documentation and supporting photos of pre-existing conditions before work begins waive the right to later claim pre-existing damage. No verbal claims will be considered without timely visual evidence submitted before project start.
Project Completion & Walk-Through: A project is considered complete when the primary work is finished, and any remaining minor touch-ups are scheduled. Final payment is due upon completion, regardless of pending minor tasks. Clients may not withhold or delay payment due to minor touch-ups, warranty items, or alleged cosmetic concerns, provided the primary scope of work is complete. A project is considered complete when the majority of the contracted work has been finished and only minor adjustments remain. Clients are provided one (1) walk-through inspection to request touch-ups while contractors are on-site. This must be scheduled in advance. Work is considered complete even if The House Painters™ return for minor finishing tasks.
Final Walk-Through & Approval: Upon completion, the client must inspect the work before The House Painters™ leave. Any concerns must be reported immediately—failure to do so waives the client’s right to dispute the work.
Standard of Completion:
All work shall be evaluated from a distance of six (6) feet under normal lighting conditions, consistent with industry practices and PCA (Painting Contractors Association) workmanship standards. Minor surface irregularities not visible from this distance are considered acceptable and not subject to correction. Some cut lines may be affected by prior drywall deviations or imperfections; The House Painters™ will attempt to make cut lines as straight as reasonably possible by hand. Baseboards may have masked cut lines if specified in the contract. No assumption should be made that other cut lines will be masked. The House Painters™ does not guarantee a factory finish unless explicitly stated in writing. Visible brush strokes, texture inconsistencies, stippling, or surface variations may remain, even after prep is complete.
Liability Limitation
The House Painters™ is not responsible for any damage claims after project completion unless the client provides clear, verifiable proof, including:
Before and after photos taken by the client of the exact area in question.
Written documentation submitted before project completion detailing the alleged damage.
Proof that the damage was caused directly by THP’s work and not due to pre-existing conditions or external factors.
Failure to provide all required documentation waives the client’s right to dispute property conditions after THP’s departure. The House Painters™ is not liable for any claims based on undocumented or unverified damages.
Damage Claims & Insurance Disclaimer: If the client believes property damage occurred during the project, they must follow the documentation process outlined in this contract. While some damage may be covered by the client's homeowner’s insurance policy, The House Painters™ makes no guarantee of insurance reimbursement. Clients may not withhold or delay payment while awaiting insurance decisions or filing claims. Any costs related to property damage claims, repairs, or associated remediation—if deemed valid—will be handled as a separate transaction and are not deducted from the contracted project total.
Client Responsibilities
Communication Protocol: All communication regarding project scope, schedule, changes, or concerns must be directed exclusively to The House Painters™ project manager or owner. Clients may not give instructions, make change requests, or discuss pricing with any subcontractors, painters, or crew members. Any verbal instructions or agreements made with field workers are not valid and will not be honored. Failure to follow this protocol may result in delays, additional charges, or termination of the agreement.
Access to water, electricity, and safe work areas must be provided. Work areas should be cleared and accessible before the scheduled start date. Failure to do so may result in additional fees or timeline adjustments. If the job site is not prepared for work as outlined, The House Painters™ reserves the right to charge a rescheduling fee of $500 per day of delay.
Cleanup
The House Painters™ will leave all work areas in a broom-swept condition. Minor dust or debris from prep and touch-up work is to be expected and does not constitute a defect. The House Painters™ is not responsible for post-project cleaning of dust or debris outside the immediate work areas or unrelated spaces.
Warranty & Liability Limitations
Newly stained or sealed decks should not be walked on for at least 5 days to allow proper curing and durability. The House Painters™ warrants labor for 3 years from the project’s completion date. No warranty is provided for stain or stain-related projects/services. Additional extended warranties may be purchased.
Warranty covers touch-ups or workmanship issues but does not cover:
Normal wear and tear
Acts of nature
External factors beyond The House Painters™’ control
The warranty is void if:
The client or a third party alters, paints over, or damages the completed work before a warranty claim can be evaluated.
The work is exposed to harsh conditions, misuse, or improper maintenance.
The House Painters™’ liability is limited to the total amount paid by the client. Under no circumstances shall The House Painters™ be liable for any indirect, consequential, incidental, or punitive damages, including but not limited to loss of use, inconvenience, diminished property value, or any other financial loss.
Media Release
Media Release: Client grants permission for The House Painters™ to take photographs/videos of the property for promotional use.
Dispute Resolution
Any disputes arising under this agreement shall first be submitted to mediation in Nashville, TN. If unresolved, the dispute may proceed to arbitration or legal action, with jurisdiction in Nashville, TN. Client agrees not to initiate a payment dispute without first notifying The House Painters™ and allowing five (5) business days to resolve the issue in good faith.
Legal Fees & Collection Costs
In the event of legal action, arbitration, or collection efforts to enforce this agreement or recover unpaid balances, the client agrees to reimburse The House Painters™ for all associated costs, including but not limited to: attorney fees, filing fees, court costs, collection agency fees, and administrative time. This clause applies regardless of dispute outcome if enforcement of payment or contract terms is required.
Contract Modification Clause
The House Painters™ reserves the right to update or revise this contract as needed. However, any changes that materially affect scope, price, or terms after client approval will require written acknowledgment from both parties. Routine updates for clarity, formatting, or general policy improvements may be applied without separate notice, provided they do not alter previously agreed-upon terms for an approved project.
Lien Rights & Notification
In the event of non-payment, The House Painters™ reserves the right to file a lien on the property as permitted by Tennessee law. This contract shall serve as formal notice to the client that a lien may be filed if payment is not made in full upon completion. The client acknowledges and understands that this written agreement satisfies any advance notice requirements under Tennessee lien law. The client will also be responsible for any legal, filing, or collection costs incurred.
Let me know if you want to reword it more firmly, add a North Carolina or South Carolina version, or integrate it into a broader “Legal Rights” section.
Entire Agreement Clause
This contract represents the entire agreement between The House Painters™ and the client. It supersedes all prior negotiations, communications, or understandings between the parties. Any prior or contemporaneous discussions, representations, promises, or agreements—whether verbal or written—that are not explicitly included in this contract are not binding. No verbal statements or informal communications shall be binding unless incorporated into a signed written agreement. Changes or modifications must be made in writing and signed by both parties. Pricing and terms are only valid at the time of signing and may be subject to change in future agreements if not accepted in writing within 30 calendar days.
Optional Add-Ons
Post-Project Reactivation Fee: If a client delays or pauses a project for more than 14 calendar days, The House Painters™ reserves the right to charge a $500 reactivation and rescheduling fee to re-coordinate labor, materials, and scheduling.
Formal Escalation Clause for Rework Disagreements: In the rare event of a dispute about completed work that cannot be resolved through the standard walk-through process, both parties agree to submit supporting documentation and schedule a mediated site visit before further action is taken.
Optional Extended Warranty Terms: Extended warranties beyond the standard 3-year labor coverage may be available for purchase prior to project start. These must be documented in writing and signed by both parties.
Property Owner Permission
Clients confirm they have written permission from the property owner/landlord to proceed with painting/staining services.
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