Job Agreement

This agreement is made between Clients who have read, understood, and voluntarily agreed to all terms of the Job Contract via their signature

AND

Company Name: High Point Property Services LLC
Company Address: 5 McGuiness Ln, White Plains NY 10605
Company Phone: (914) 623-2789
Company Email: highpointpropertyservice@gmail.com

(Collectively referred to as “the Parties”).

1. DEFINITIONS

For purposes of this Contract, the following terms shall have the meanings set forth below:

“Company” means the business entity named above (High Point Property Services LLC), including its owners, employees, subcontractors, agents, and assigns.

“Client” means the person(s) or entity contracting for Services, including any property owners, tenants, or authorized representatives.

“Services” means the work described in Section 2 of this Contract.

“Property” means the service location address listed above.

“Hazardous Materials” includes, but is not limited to: asbestos, lead paint, mold, chemicals, fuels, oil, solvents, pesticides, medical waste, sharps, biological waste, animal waste, ammunition, explosives, electronic waste, and any substance requiring special handling or disposal under federal, state, or local law.

2. ACCESS, SITE CONDITIONS & UTILITIES

Client agrees to provide Company with safe, unobstructed access to the Property, including water and electricity if required for the Services. Client shall disclose any known hazards, pets, security systems, or prior damage before work begins.

Underground Utilities & Property Marking: Client agrees to identify and mark the location of all underground utilities, sprinkler lines, invisible fencing, septic systems, drainage pipes, well heads, and any other buried obstructions prior to the start of work. Company shall not be liable for damage to unmarked or undisclosed underground features. Client acknowledges that utility locator services (e.g., 811) mark public utilities only and do not mark private lines. Company reserves the right to charge additional fees for repairs, delays, or additional labor caused by unmarked obstructions.

3. PERMITS & COMPLIANCE

Client is responsible for obtaining any necessary permits, approvals, or authorizations required by local, state, or federal authorities prior to commencement of Services, unless otherwise agreed in writing. Company shall not be liable for any fines, penalties, claims, or delays resulting from the lack of required permits or failure to comply with applicable laws.

4. CHANGES TO THE WORK

Any changes to the scope of work, price, or schedule must be agreed upon in writing via a signed Change Order (email or text message confirmation with clear terms shall constitute a writing). Verbal changes are not binding. Company reserves the right to adjust pricing if hidden conditions (including but not limited to unexpected debris volume, root systems, or concrete thickness) require additional labor or equipment. Additionally, a client buying a service from the website must choose a service that matches the scope of work at the site. If the extra work is required or scale is misrepresented, additional fees will be added to account for this.

5. CLEANUP, PROPERTY DAMAGE & RESTORATION

Company will perform reasonable cleanup of debris directly resulting from the Services. This does not include deep cleaning, restoration of pre-existing damage, or repair of lawn, turf, or landscape disturbance caused by equipment, vehicles, or hauling operations. Client acknowledges that vehicles, trailers, and equipment may cause minor soil compaction, tire marks, rutting, or surface impressions, which are considered normal and shall not be grounds for withholding payment or claiming damage.

6. HAZARDOUS MATERIALS & DISPOSAL

Client represents and warrants that no Hazardous Materials (as defined in Section 1) are included in any items to be removed, hauled, or disposed of by Company. If Hazardous Materials are discovered during the course of work, Company reserves the right to immediately cease work and charge for all time and disposal fees incurred up to that point. Client remains fully liable for proper identification, handling, and disposal of all Hazardous Materials. Company may, at its sole discretion, elect to dispose of Hazardous Materials at an additional charge with Client’s written consent.

Hauling & Removal Addendum (applies when hauling services are performed): Client agrees that once items are loaded onto Company’s truck or trailer, they become the property of Company and cannot be reclaimed. Client certifies that no Hazardous Materials are included in the load. Client will be responsible for the cost of hazardous material disposal if present, as well as any cleaning costs associated.

7. SUBCONTRACTORS

Company reserves the right to employ subcontractors to perform any portion of the Services. Company shall remain responsible for overseeing subcontractor work and ensuring it meets the standards of this Contract. Client agrees that subcontractors are independent contractors, and Company is not liable for their acts or omissions beyond the supervision provided.

8. PAYMENT TERMS, LATE FEES & COLLECTIONS

Payment is due as specified in Section 2. If payment is not received by the due date, a late fee of 25% per week(or the maximum rate allowed by applicable law) shall accrue on the unpaid balance. Client agrees to pay all costs of collection, including reasonable attorney fees, court costs, and collection agency fees, if legal action is necessary to enforce this Contract.

Mechanic’s Lien Notice (if applicable in your state): Client acknowledges that Company may have a statutory mechanic’s lien or similar lien against the Property if payment is not made for Services rendered. A copy of the applicable lien notice provisions is available upon request.

9. RELEASE OF LIABILITY, INDEMNIFICATION & WAIVER OF LEGAL RECOURSE

THIS SECTION IS A MATERIAL PART OF THIS CONTRACT.

A. Assumption of Risk
Client acknowledges that exterior property services (including but not limited to yard and garden work, hauling and removal, gutter cleaning, tree and shrub pruning, pressure washing, soft washing, drainage work, snow removal, and seasonal maintenance) involve inherent risks including, but not limited to: damage to landscaping, irrigation systems, siding, gutters, driveways, walkways, unseen underground obstructions, property staining, equipment noise, minor soil displacement, and the unexpected discovery of Hazardous Materials or pre-existing conditions. Client voluntarily assumes all such risks.

B. Release from Liability
To the fullest extent permitted by law, Client agrees that Company shall not be liable for any direct, indirect, incidental, consequential, or special damages, losses, injuries (personal or property), or legal costs arising out of or relating to the performance or non-performance of the Services described herein, including any damage caused by water intrusion, frost heave, root disturbance, lawn or landscape damage, pre-existing structural defects, third-party interference, or acts of nature.

C. No Financial Damages or Legal Recourse
Client waives any right to seek financial damages, refunds, or any other legal recourse against Company for any claim arising from this Contract or the Services, including claims of negligence (except gross negligence or willful misconduct as defined by applicable law). Client agrees that the sole remedy for any dispute shall be, at Company’s option, either (i) re-performance of the disputed Service, or (ii) a refund of up to the amount paid for the specific Service that is defective, not to exceed the total Contract price.

D. Indemnification
Client agrees to indemnify, defend, and hold harmless Company from any claims, demands, lawsuits, damages, or expenses (including reasonable attorney fees) brought by any third party (including neighbors, tenants, utility providers, or governmental entities) arising from or relating to: (i) the condition of the Property; (ii) Client’s failure to disclose known hazards or conditions; (iii) the presence of Hazardous Materials; or (iv) any acts or omissions of Client, its agents, or invitees.

E. Pre-Existing Conditions
Company is not responsible for any latent defects, structural issues (including but not limited to foundation, walls, roof, plumbing, electrical, or septic systems), soil instability, underground pipes, or any damage that existed prior to Company’s work. Client affirms that any inspection for structural, underground, or hazardous conditions is Client’s sole responsibility.

F. Insurance Waiver & Subrogation
Client acknowledges that Company carries liability insurance, but Client agrees to look first to their own homeowner’s, renter’s, or commercial property insurance for any covered loss. Client waives any right of subrogation against Company that Client’s insurer may otherwise assert.

10. LIMITED WARRANTY

Company warrants that Services shall be performed in a workmanlike manner consistent with industry standards for a period of 30 days from the date of completion. Warranty is limited to re-performance of the specific defective Service at no additional charge for labor, provided that: (i) Client notifies Company in writing within the warranty period; (ii) the defect is not caused by weather, third-party interference, soil settlement, pre-existing conditions, or subsequent work performed by others; and (iii) Client has paid all amounts due under this Contract. This warranty is exclusive and in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

11. PHOTOGRAPHY & MARKETING RELEASE

Client grants Company permission to take photographs, videos, or digital media of the Property before, during, and after the Services for purposes of quality control, portfolio display, marketing, advertising, social media, and business development. Client’s name, address, and other identifying information will not be publicly disclosed without separate written consent.

12. CANCELLATION & RESCHEDULING POLICY

Client may cancel or reschedule Services with at least 48 hours’ prior notice without penalty. Cancellations with less than the required notice will forfeit any deposit paid, if no deposit has been paid, client will incur a cancellation fee of $200 to compensate for reserved time, travel, and crew scheduling. Company reserves the right to cancel or reschedule Services due to inclement weather, equipment failure, or other conditions beyond reasonable control, with no penalty to either party. In the event of weather-related cancellation, Company shall make reasonable efforts to reschedule at the earliest mutually agreeable time.

13. RIGHT TO STOP WORK

If Client fails to make payment when due, or if unsafe or hazardous conditions exist at the Property that Company did not anticipate, Company may, after reasonable notice, suspend performance of Services until payment is received or conditions are remedied. Suspension does not constitute cancellation, and Client remains responsible for all work performed and expenses incurred up to the date of suspension.

14. FORCE MAJEURE

Company shall not be held liable for delays or failure to perform due to causes beyond its reasonable control, including but not limited to severe weather, natural disasters, utility outages, labor disputes, supply chain disruptions, acts of God, or governmental actions.

15. EMERGENCY SERVICES

In the event of an emergency service request (including but not limited to storm damage cleanup, flooding, burst pipes, or urgent snow removal), Client agrees that all terms of this Contract apply. Emergency Services may be subject to additional rates as quoted or estimated prior to commencement.

16. LIMITATION ON TIME TO BRING CLAIM

Any claim, dispute, or cause of action arising from or relating to this Contract or the Services must be filed in small claims court or mediation within three (3) months from the date of Service completion. Any claim filed after that time shall be barred.

17. GOVERNING LAW & DISPUTE RESOLUTION

This Contract shall be governed by the laws of the State of New York. Any dispute arising from this Contract shall first be submitted to non-binding mediation before any court action. If mediation fails, the exclusive venue for any legal proceeding shall be the small claims court in the county where the Services were performed, unless the amount in controversy exceeds small claims jurisdiction, in which case the venue shall be the appropriate state court in that county.

18. SEVERABILITY & NO WAIVER

If any provision of this Contract is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Contract shall continue in full force and effect. No waiver of any breach shall constitute a waiver of any subsequent breach, nor shall any delay in exercising any right constitute a waiver.

19. ENTIRE AGREEMENT

This Contract (including any attached exhibits, change orders, or addenda) constitutes the entire agreement between the Parties. Any prior verbal or written statements, representations, or agreements not contained herein are void and of no effect.