TERMS AND CONDITIONS FOR SERVICES
This Terms and Conditions for Services (“Terms”), dated the same day, month, and year as shown on the Contract
Documents, as defined in Section 1 below, which is the date of Client’s acceptance of the Contract Documents (“Effective
Date”), is between BRAVE PowerWash & Striping LLC, a Kansas limited liability company, and the Client.
NOW, for good and valuable consideration, BRAVE and Client agree as follows:
1. DEFINED TERMS.
“Agreement” means the Contract Documents and these Terms, collectively.
“BRAVE” means BRAVE PowerWash & Striping LLC.
“Client” means the business or individual listed in the “Client” section on the Quotation.
“Contract Documents” means the Quotation and Scope of Work summary with signature block executed by Client.
“Services Date(s)” are described in the “Time Schedule” on the Quotation.
“Services Location” is defined on the Quotation.
“Expenses” means those reasonable costs, such as travel costs, to support BRAVE’s efforts to perform the Services,
including but not limited to lodging costs, meals, and mileage, as generally described on the Contract Documents.
“Parties” means BRAVE and Client (whether used in the collective or individual forms).
“Quotation” means that quote and proposal for BRAVE Services executed by Client.
“Services” means those services described and more fully set forth on the Contract Documents.
“Services Fee” means the “Price incl. tax:” on the Quotation.
2. SERVICES. Client hereby engages BRAVE to provide Services, and BRAVE agrees to provide Services, at the
Services Location on the Services Date(s), as more fully set forth in the Contract Documents. Notwithstanding
anything in the Agreement to the contrary, the Parties agree to the following:
a. Change Orders. Any change in scope of work for the Services or additional specifications (for example,
paint color, line width, surface preparation requirements, equipment or paint specification or brand) not
specifically provided in the Contract Documents are subject to change order agreed in writing by BRAVE,
which may result in increase to the Services Fee.
b. Degree of Cleanliness. BRAVE makes no representations or warranties of the degree of cleanliness of any
surface following Services for power washing, except as otherwise explicitly provided in the Contract
Documents.
c. Maintenance. Following Services, Client shall be solely responsible for maintenance.
3. CONSIDERATION FOR SERVICES AND EXPENSES.
a. In consideration for Services performed by BRAVE, Client agrees to pay and BRAVE agrees to accept the
Services Fee as consideration for BRAVE’s Services. Client shall pay the sum of the Services Fee in
separate installments, as follows:
i. 40% of the Services Fee paid upon the Effective Date as a reservation of Services (“Deposit”);
ii. 60% of the Services Fee plus any applicable additional costs to be paid within 30 days completion
of the Services.
b. Notwithstanding the above, if Client requests in writing additional services more than the Services
specified in this Agreement, BRAVE may approve at BRAVE’s discretion such additional services as a
change order to this Agreement. Client shall pay to BRAVE the actual costs for such additional services
upon receipt of invoice or verification, in addition to the Services Fee.
c. Client agrees that Client’s payment of the Deposit is nonrefundable regardless of Services cancellation by
Client pending no material default of BRAVE as set forth in Section 13.
d. BRAVE may incur Expenses in the provision of Services. To the extent applicable, BRAVE may
incorporate Expenses in the Service Fee, which will be identified on the Quotation. When additional
Expenses are incurred as a result of Client or at no fault of BRAVE, such Expenses may be charged to
Client and subject to payment by Client.
e. In circumstances when BRAVE submits an invoice for certain Services Fees or Expenses to Client, such
payments are due without demand by BRAVE net thirty (30) days from the date of invoice, unless
otherwise provided in this Section 3. Client agrees any invoice that is unpaid for a period of more than
thirty (30) days will incur interest at a rate of Ten Percent (10%) per annum or the highest contracted rate
permitted by law, whichever is greater.
f. BRAVE may accept payment of Services Fee, Expenses, and any other costs by credit card with the
addition of a Three Percent (3%) fee.
g. The Services Fee and estimation of Expenses described in this Section 3 and the Contract Documents will
remain effective for ten (10) calendar days from the Effective Date, pending Client agreement.
4. SERVICES LOCATION. Client shall be responsible for making all arrangements and obtaining any necessary
approvals, permits, or licenses for the Services, including but not limited to those necessary to utilize the Services
Location for the Services. Client shall ensure that BRAVE be granted sufficient access to the Services Location such
that BRAVE may provide the Services. Client shall be solely responsible for ensuring the Services Location is in a
condition suitable for Services. BRAVE shall have no obligation to perform Services in a location BRAVE
determines is unsafe or unsuitable for Services. BRAVE shall have no responsibility or obligation to any third-party
owner, lessor, or manager of the Services Location.
5. TIME OF PERFORMANCE. Time of performance is of the essence under this Agreement for both BRAVE’s and
Client’s respective obligations. In all cases, Client acknowledges and agrees the Services Date(s) is an estimation
and not a guarantee for the time or duration of Services. Upon commencement of Services, BRAVE shall perform
Services diligently. BRAVE shall have the right to enter contracts for services and perform services for third-parties
separate from and during this Agreement’s term.
6. SERVICES PHOTOS OR VIDEO. Client agrees that BRAVE may utilize photos, videos, or other materials from
the Services produced by BRAVE to promote BRAVE and BRAVE’s services for marketing purposes and Client
hereby releases any right to such photos, videos, other materials produced by BRAVE. Under no circumstances may
BRAVE broadcast the location of a Services Location or cause Client to be identified, except as otherwise agreed by
Client.
7. INDEPENDENT CONTRACTOR STATUS. BRAVE and Client acknowledge and agree BRAVE is an
independent contractor of Client and BRAVE, along with its agents, contractors, and employees are not and will not
be employees of Client. BRAVE shall bear responsibility for its agents, contractors, and employees in the
performance of Services, including but not limited to payment of compensation to such persons. BRAVE may use
BRAVE’s sole discretion to select, engage, and contract with third-party independent contractors for purposes of
providing Services. Upon Client’s reasonable request, BRAVE agrees to consult with and advise Client of
BRAVE’s subcontractors.
8. NO PARTNERSHIP OR JOINT VENTURE. Nothing in this Agreement constitutes a partnership between or
joint venture by the Parties or makes either Party the agent of the other. Neither Party may hold itself out contrary to
the terms of this Section 8 and neither Party shall become liable by any representation, act, or omission of the other.
This Agreement is not for the benefit of any third party not a signatory to this Agreement and shall not be deemed to
give any right or remedy to any such party whether referred to in this Agreement or not.
9. FORCE MAJEURE. If either BRAVE or Client is prevented from fulling its respective obligations under this
Agreement because of force majeure event causes beyond BRAVE’s or Client’s control, which interferes with or
hampers or delays the provision of Services, then such Party shall not be deemed to be in breach of this Agreement,
provided, however, said Party claiming force majeure promptly notifies the other Party of the force majeure, its
duration, and the steps being taken to remedy the force majeure. If BRAVE or Client suspend this Agreement,
BRAVE shall have the right to extend the Agreement for the length of a reasonable suspension duration necessary
for subsequent completion of the Services. If Client has a force majeure event, and this Agreement is terminated by
Client, the Parties shall work out in good faith a settlement of BRAVE’s actual costs incurred to the extent BRAVE
is not reimbursed by insurance. If BRAVE has a force majeure event that continues for a period of 60 days,
thereafter, Client shall have the right to replace BRAVE without return of the Deposit. A force majeure event
includes but is not limited to: strikes, threats of strike, lock-out, lack of fuel, fire, acts of God, inclement weather,
public health events, government orders or instructions, failure or malfunction of technology, equipment, or
telecommunications or utility services, acts of war or terrorism, court orders or judgments, unavailability or delay in
the procurement of equipment, and other events beyond the control of BRAVE that substantially interfere with or
hamper the provision of Services. Any actual expenses considered under this Section 9 will be verified by copies of
receipts and invoices. .
10. INDEMNIFICATION. BRAVE AND CLIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS
THE OTHER AND ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND OTHER AFFILIATES FROM
AND AGAINST ALL LOSS, COST, LIABILITY, CLAIMS, AND EXPENSES (INCLUDING ATTORNEYS’
FEES), INCLUDING WITHOUT LIMITATION LIABILITY FOR PERSONAL INJURY OR PROPERTY
DAMAGE OR VIOLATIONS OF ANY STATUTES, REGULATIONS, OR OTHER LAWS: (I) ARISING OUT
OF OR RESULTING FROM ANY ACT OF NEGLIGENCE OR ANY MISCONDUCT OF OR BY EACH
PARTY OR ANY OF ITS GUESTS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR OTHER
AFFILIATES; OR (II) THAT MAY ARISE FROM OR RELATE TO EITHER PARTY’S BREACH OF THIS
AGREEMENT. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, BRAVE’S
INDEMNITY LIABILITY ARISING UNDER THIS AGREEMENT SHALL BE LIMITED SOLELY TO THE
SERVICES FEE.
11. INSURANCE. Upon the request of Client, BRAVE will provide Client an insurance certificate evidencing
BRAVE’s maintenance of insurance coverage, which is typical under the circumstances and for BRAVE’s industry,
as determined by BRAVE’s discretion. Client shall be solely responsible for adequately insuring the Services
Location for premises liability and property damage. Except as otherwise specifically provided in the Contract
Documents, BRAVE shall have no responsibility for carrying specialty insurance different from or in coverage
amounts more than what is typical under the circumstances and for BRAVE’s industry.
12. LIMITATION OF LIABILITY. NEITHER BRAVE NOR CLIENT SHALL BE LIABLE FOR ANY PUNITIVE
DAMAGES, LOST PROFITS, OR OTHER SPECIAL DAMAGES. NOTWITHSTANDING ANYTHING IN THIS
AGREEMENT TO THE CONTRARY, CLIENT AGREES BRAVE’S LIABILITY UNDER THIS AGREEMENT,
IF ANY, IS LIMITED TO THE SERVICES FEE.
13. LIMITED WARRANTY AND DISCLAIMER. BRAVE warrants and covenants that Services shall be performed
in a diligent and workmanlike manner . Provided, however, BRAVE makes no express or implied warranty as to the
Services or to the quality or suitability of materials utilized in the Services, including but not limited to paint or
cleaning products, which are not manufactured by BRAVE. Client acknowledges and agrees BRAVE provides no
warranty except as otherwise explicitly provided in this Agreement. Client acknowledges and agrees that application
of paint products and cleaning products may result in damage to constructed and natural surfaces and property.
Client shall be solely responsible for ensuring the suitability of products applied in Services for the Services
Location, as well as protecting any areas, populations, or property that may be harmed by Services, including but not
limited to windows, plants, children, and pets. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS,
BRAVE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AS TO THE SERVICES, THEIR MERCHANTABILITY, OR FITNESS FOR ANY INTENDED
PURPOSE OR DURATION. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY,
BRAVE’S LIABILITY (WHETHER UNDER THE THEORIES OF BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE, OR STRICT LIABILITY) FOR SERVICES SHALL BE LIMITED TO
REPAIRING OR REPLACING SERVICES FOUND TO BE DEFECTIVE UPON DETERMINATION OF NON-
APPEALABLE JUDICIAL ORDER, OR AT BRAVE’S OPTION AND SOLE DISCRETION, TO REFUNDING
THE PURCHASE PRICE OF SUCH SERVICES
14. DEFAULT AND REMEDIES.
a. BRAVE Default. In the event that BRAVE, (x) materially defaults on any material term of this Agreement,
and fails to cure such default within fifteen (15) business days after service of written notice specifying the
same, or (y) abandons Services, except as otherwise permitted under the Agreement; then, in any said
events of BRAVE default, Client may (1) suspend or terminate this Agreement and the Services, (2) take
such measures as may be deemed necessary or proper for completion of the Services, or (3) exercise any
other remedies Client may have at law or in equity.
b. Client Default. In the event that Client materially defaults on any material term of this Agreement, and fails
to cure such default within fifteen (15) business days after service of written notice specifying the same;
then in any said events of Client default, BRAVE may (1) suspend or terminate this Agreement and
provision of Services, (2) demand full payment of the Services Fee and Expenses or costs actually incurred
by BRAVE under this Agreement, or (3) exercise any other remedies BRAVE may have at law or in
equity.
15. MISCELLANEOUS.
a. The Parties agree these Terms with the Contract Documents, collectively, constitute the entire binding
Agreement of the Parties. To the extent these Terms conflict with the Contract Documents, the Parties
agree the Contract Documents control and prevail. Client acknowledges and agrees these Terms govern the
Quotation and all Services provided by BRAVE to Client. The Quotation is BRAVE’s offer to sell to
Client, to which Client’s signature, acceptance of Services, or commencement of obligations under the
Quotation constitute Client’s unqualified acceptance of the Agreement, which is a binding and enforceable
contract.
b. If any provision of this Agreement or the Contract Documents is held invalid or unenforceable, such
determination only invalidates the provision in question and all other provisions remain in full force and
effect.
c. If the Agreement is terminated for any reason whatsoever, Client agrees Client will not be relieved of the
obligations contained in these Terms under the following sections: Limited Warranty and Disclaimer,
Indemnification, Default and Remedies, Limitation of Liability, Applicable Law; Venue
d. All notices relating to this Agreement shall be delivered in person to BRAVE or Client or shall be mailed
registered to BRAVE or Client at its respective address shown on the Contract Documents or at any later
address last known to the sender, or at such other location, whether physical or electronic, otherwise agreed
by the Parties.
e. The Parties agree the terms of this Agreement will not be strictly construed against the drafting party.
f. The interpretation and enforceability of this Agreement is governed by the laws of the State of Kansas.
g. All Contract Documents and any other documents attached to this Agreement are incorporated in this
Agreement by reference.
h. No amendments may be made to this Agreement or the Contract Documents, except by an agreement in
writing executed by both Parties. Any waiver, consent, or approval on the part of either Party must be in
writing and will be effective only to the extent specifically set forth therein. No delay or omission by either
Party in the exercise of any right or remedy under this Agreement may impair the Party’s ability to exercise
the right or remedy then or in the future.
i. The terms and conditions of this Agreement shall be binding upon and inure to the benefit of BRAVE and
Client and their respective heirs, personal representatives, successors and assigns.
j. Unless otherwise specified in writing, all Quotations made by BRAVE are effective for fourteen (14) days
from the date of the Quotation, which is the time such Quotation is sent to Client.
By executing the Contract Documents, BRAVE and Client agree to the terms of this Agreement as of the date set
forth on the Contract Documents.