Contract of Services

This Contract for Services is made effective as of the date listed on the Estimate (the “Effective Date”), by and between the person and/or entity listed under the Billing Address section (the “Recipient”), and Hickman Solutions LLC dba Hickman Pro Wash LLC of 808 Chestnut St. #1106, Chattanooga, TN 37402 (the “Provider”).

1. DESCRIPTION OF SERVICES. Beginning on the effective date, Hickman Solutions LLC dba Hickman Pro Wash LLC will provide to Recipient the services described in the Estimate (collectively, the “Services”).
2. PAYMENT. Payment shall be made to Provider in the total amount as listed on the Invoice, upon completion of Services. If any invoice is not paid when due, the Recipient may be subject to a late fee of $25 per day, for every day the invoice is late or the maximum percentage/late fee allowed under applicable Tennessee laws, whichever is less. In addition to any other right or remedy provided by law, if Recipient fails to pay for the Services when due, Hickman Solutions LLC dba Hickman Pro Wash LLC has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
3. TERM. This Contract will terminate automatically upon completion of Services by Provider and the complete fulfillment of this Contract by Recipient, including all items as outlined under the PAYMENT section.
4. DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
   1. The failure to make a required payment when due.
   2. The insolvency or bankruptcy of either party.
   3. 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.
   4. The failure to make available or deliver the Services in the time and manner provided for in this Contract.
5. ATTORNEYS’ FEES AND COLLECTION COSTS. If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses.
6. 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 14 days from the effective date of such notice to cure the default(s). Unless waived in writing 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.
7. 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, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, 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 or other labor disputes, or supplier failures. 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 an party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
8. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure:
   1. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
9. ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
10. SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
11. AMENDMENT. This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.
12. GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Tennessee.
13. 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 paragraph or to such other address as one party may have furnished to the other in writing.
14. 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.
15. ATTORNEY’S FEES TO PREVAILING PARTY. In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney’s fees and costs, both in the trial court and on appeal.
16. CONSTRUCTION AND INTERPRETATION. The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.
17. 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.
18. REQUIREMENTS. Additional service information and requirements listed below.
    1. Product Warranties: All warranties are limited to those offered by the manufacturers of the products used. Provider makes no additional warranties. If Recipient ever has a concern regarding Provider’s work, Provider should be notified immediately.
    2. Water Usage: By signing the Contract, you agree to provide Provider the right to use an on-site water supply as needed to complete the stated project without compensation. If an exterior water supply is required, an additional charge may be applied. It is the recipient’s responsibility to make sure the water supply is on and in working order before Provider arrives. Additional charges will be applied if water is not available. Water supply must be able to provide at least 10 gallons per minute of flow.
    3. Electrical Usage: By signing the Contract, you agree to provide Provider the right to use an on-site source of electricity as needed to complete the stated project without compensation. If an exterior source is required, an additional charge will be applied.
    4. Courtesy: While Provider is performing the duties of the Services, Recipient is responsible for keeping all children and pets, as well as other individuals away from the work area. Children and pets must be kept off the work surface for at least 24 hours after Services are completed. Provider will stop work in the work area if any person or pet enters a radius of 50ft around the work area, or if Provider feels it is unsafe to continue working.
    5. Scheduling: Scheduling in a business which productivity relies upon the weather can be difficult. Inclement weather may affect scheduling. Provider will try their best to keep scheduling conflicts to a minimum, however, circumstances that are beyond Provider’s control may affect Recipient’s project start and completion dates. Recipient will be notified of any changes.
    6. Removal & Replacement of Exterior Contents: Removal and replacement of grills, deck furniture, planters, and any other items are the responsibility of the homeowner. Should we need to remove items from the deck or other exterior area(s), we will not be responsible for any damage, breakage or for storage issues. An additional charge may be applied for the time and labor devoted to the removal of these items.
    7. Damages: Provider is not responsible for damages due to improperly installed siding, loose shingles or siding, broken or opened windows, improperly sealed windows and doors, wood rot, defective construction, improperly secured wires, loose or improperly installed gutters, and leaders and improper caulking. In every aluminum siding case and in some cases with vinyl siding, the sun and weather will bleach the color or cause fading. Power washing, which entails the removal of organic, gritty, or failing surface materials may cause the faded aspects of the vinyl or aluminum to stand out. Provider will not be responsible for such conditions. Provider will not be responsible for loose mortar that may dislodge during the cleaning process.
    8. Stains: Some stains cannot be removed by power washing. Tree sap, artillery fungus, splatters from stains and paints are examples of materials that cannot be removed by conventional means. Provider cannot guarantee removal of artillery fungus from exterior house surfaces. We make every attempt to point these areas out to the customer when quoting the project. Sometimes these stains cannot be removed at all.
    9. Watertight: Provider expects your property to be in good repair and weathertight. This includes, but is not limited to all electrical services including receptacles and light fixtures. Doors and windows shall also be weathertight. Provider is not responsible for damages as a result of water and or chemical infiltration from poor or improper installation, maintenance, or repair of electrical related items or doors or windows.
    10. Window Spotting: Windows may become water spotted as a result of our services. Window cleaning is NOT included in our standard exterior cleaning service. Window cleaning is an additional charge.
    11. Concrete: The appearance of concrete depends on a number of factors most linked to when the concrete was initially poured and cured. When concrete with dirt, mold, mildew, algae and other pollutants and stains is cleaned, the concrete will then reveal any and all imperfections that the pollutants and stains have covered up. The Recipient understands that not all concrete will look the same even on the same driveway, patio, sidewalk, or concrete slab.
    12. Roofs: Recipient agrees that Provider will not set foot on Recipient’s roof under any circumstances. If Provider believes the roof is unable to be cleaned from the ground or from a ground ladder, Provider may quote Recipient for the additional cost of cleaning the roof which may include the cost of a lift or scaffolding. Roof cleanings require the application of stronger chemicals to kill any organic growth. In some cases, the Provider will not rinse the chemicals from the roof so that the chemicals will adequately clean the roof over a multi-day process. This cleaning process could take up to 2 months. Most roof’s are rinsed with the next rain storm.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the date of the Estimate and upon Provider’s receiving the approval signature on the Estimate.