TextThis Service Agreement (“Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:
Raymond’s Refinishing LLC
An Oklahoma limited liability company
Mailing Address: 5272 S. Lewis Ave, PMB #317
Tulsa, Oklahoma 74105
Phone: (918) 850-5940
Email: raymondsrefinishing@yahoo.com
/ Commercial@raymondsrefinishing.com
(“Contractor”)
and
[HOTEL OWNER / MANAGEMENT COMPANY NAME]
Legal Name: [HOTEL ENTITY NAME]
Address: [HOTEL OWNER ADDRESS]
(“Client”).
Contractor and Client may be referred to individually as a “Party” and collectively as the “Parties.”
1. SCOPE OF WORK
1.1 Services. Contractor shall provide professional refinishing services for hotel bathtubs and/or shower units at the property identified below (the “Property”), including preparation, minor repairs (within agreed limits), coating, and finishing of surfaces (the “Services”).
Property Name: [HOTEL / BRAND NAME]
Property Address: [PROPERTY ADDRESS, CITY, STATE, ZIP]
1.2 Areas & Quantities. Unless modified by a signed change order:
Number of tubs to be refinished: [NUMBER OF TUBS]
Number of showers/surrounds to be refinished: [NUMBER OF SHOWERS]
Other surfaces (if any): [LIST OTHER SURFACES OR “NONE”]
1.3 Specification of Finish.
Coating system / color:
Standard prep and repair to include: [e.g., chip repair up to X size, caulk removal/replacement, light rust treatment, etc.]
Excluded repairs: [e.g., structural cracks, severe rust-through, movement in substrate, plumbing or mechanical repairs]
1.4 Exclusions. Unless expressly stated in this Agreement or a written change order, Contractor is not responsible for:
Plumbing work, fixture replacement, or drain/overflow repairs;
Structural or subfloor repairs;
Mold remediation or moisture intrusion repair;
Electrical work or code compliance outside the refinished coating.
2. SCHEDULE & ACCESS
2.1 Work Schedule. The Parties anticipate the following schedule:
Project start date: [EXPECTED START DATE]
Estimated completion date: [EXPECTED COMPLETION DATE]
Daily work hours (local time): [e.g., 8:00 a.m. – 6:00 p.m.], or as mutually agreed in writing.
2.2 Room Availability. Client shall provide timely access to all rooms/units scheduled for work, including:
Keys or keycards;
Advance room lists for each day’s work;
Confirmation that rooms are completely vacated by guests and staff during work and cure time.
2.3 Missed or Unready Units. If rooms listed for a given day are not made available or are not ready for work (e.g., occupied, dirty, or under other work), Contractor may:
Reschedule those units to a later date; and/or
Charge a trip/downtime fee of [FEE AMOUNT OR “as set forth in Exhibit A”] for lost productivity and mobilization.
3. PRICE & PAYMENT TERMS
3.1 Pricing. Unless otherwise agreed in writing, pricing is as follows:
Price per bathtub refinished: $400.00 per tub
Price per shower/surround refinished: $[PRICE PER SHOWER] per unit
Other surfaces (if any): $[OTHER PRICE] per [UNIT], or as listed in Exhibit A – Pricing.
3.2 Estimated Contract Total. Based on the quantities in Section 1.2, the estimated total contract price is:
Estimated Total: $ [ESTIMATED TOTAL]
(Final total to be based on actual completed and accepted units and any approved change orders.)
3.3 Invoices. Contractor will invoice Client as follows (select or describe):
☐ Progress billing: [e.g., weekly based on completed units]
☐ Milestone billing: [e.g., 50% deposit at start, balance at completion]
☐ Other: [DESCRIBE]
3.4 Payment Terms. Client shall pay each undisputed invoice within [NUMBER] days of the invoice date. Payments shall be made via:
☐ Check
☐ ACH / Wire
☐ Other: [METHOD]
3.5 Late Payments. Any unpaid balance more than [NUMBER] days past due may accrue interest at [INTEREST RATE, e.g., 1.5% per month], or the maximum rate allowed by law, whichever is less. Contractor may suspend work and withhold further scheduling if payments are not made as agreed.
4. CHANGE ORDERS
4.1 Changes in Scope. Any changes to the Scope of Work, including additional rooms, unexpected substrate damage, or upgrades in materials, must be approved by both Parties in a signed change order (which may include signatures or approvals via email confirmation).
4.2 Pricing of Changes. Change orders may adjust the contract price and schedule. Contractor is not obligated to perform additional or changed work without an agreed written change order.
5. CLIENT RESPONSIBILITIES
Client shall:
(a) Provide clear daily access to all scheduled units, free of guests and personal belongings;
(b) Ensure bathrooms are reasonably clean and free of loose debris prior to work;
(c) Provide access to water and electrical outlets;
(d) Provide adequate ventilation and allow Contractor to use fans or ventilation equipment as needed;
(e) Notify guests and staff of wet coatings and restricted use periods to prevent damage to freshly refinished surfaces.
If Client fails to provide required access or conditions, Contractor may charge additional fees, extend the schedule, or both.
6. SAFETY & ENVIRONMENTAL CONDITIONS
6.1 Contractor Safety Practices. Contractor shall use reasonable efforts to maintain a safe work environment, including:
Using appropriate personal protective equipment;
Using coatings and solvents in accordance with manufacturer instructions and applicable regulations;
Ventilating work areas as feasible given the building design.
6.2 Client Safety Cooperation. Client will:
Keep guests and non-essential personnel out of work areas;
Post signage if needed to warn of wet surfaces, fumes, and restricted access;
Comply with reasonable safety requests by Contractor related to the Services.
7. WARRANTY
7.1 Limited Workmanship Warranty (60 Months). Contractor warrants its workmanship on refinished tubs and showers under this Agreement for a period of sixty (60) months (five years) from the date of completion of each unit (the “Warranty Period”). During the Warranty Period, Contractor will, at its option, repair or recoat areas where the coating has prematurely failed due to Contractor’s workmanship, including:
Peeling, flaking, or loss of adhesion not caused by abuse, improper use, or excluded conditions.
7.2 Warranty Exclusions. This warranty does not cover damage or failure caused by, including but not limited to:
Use of harsh cleaners, abrasives, acid-based products, or unapproved chemicals;
Impact, abuse, or misuse (e.g., dropping heavy items, standing on edges, use of tools on the surface);
Suction-cup bathmats, grips, or other items left in place on the coated surface;
Failure to follow Contractor’s written care and maintenance instructions;
Pre-existing or ongoing structural issues, leaks, movement in substrate, or rust-through;
Work performed by others on or near the coated surfaces, including caulking, plumbing, or other trades that damage the coating;
Staining or discoloration from dyes, hair color, or foreign substances.
7.3 Warranty Claims. Client must notify Contractor in writing of any warranty issue during the Warranty Period and provide reasonable access for inspection. Contractor’s liability under this warranty is limited to repair or recoat of the affected area(s). No cash refunds are provided under this warranty.
7.4 No Other Warranties. Except for the express limited warranty stated in this Section 7, Contractor makes no other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted by law.
8. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
Contractor’s total liability to Client for any and all claims arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the total amounts actually paid by Client to Contractor under this Agreement.
In no event shall Contractor be liable for incidental, consequential, special, or punitive damages, including but not limited to loss of revenue, loss of use, loss of occupancy, or loss of business, even if advised of the possibility of such damages.
9. INSURANCE
9.1 Contractor Insurance. Contractor shall maintain:
Commercial general liability insurance with limits of at least [LIMITS, e.g., $1,000,000 per occurrence / $2,000,000 aggregate], and
Workers’ compensation or equivalent coverage for its employees, as required by applicable law.
9.2 Client Insurance. Client shall maintain property and liability insurance customary for hotel operations, covering the Property and Client’s activities.
9.3 Proof of Insurance. Upon reasonable request, each Party will provide the other with a certificate of insurance evidencing such coverages.
10. INDEMNIFICATION
10.1 Contractor Indemnity. To the extent permitted by law, Contractor shall indemnify and hold harmless Client and its officers, directors, and employees from third-party claims for bodily injury or property damage to the extent caused by Contractor’s negligent acts or omissions in performing the Services.
10.2 Client Indemnity. To the extent permitted by law, Client shall indemnify and hold harmless Contractor and its members, managers, and employees from third-party claims for bodily injury or property damage arising out of:
Client’s use, operation, or occupancy of the Property; or
Client’s failure to maintain safe conditions or to warn guests and staff about wet or restricted areas,
except to the extent such claims are caused by Contractor’s negligence.
11. TERM & TERMINATION (NO TERMINATION FOR CONVENIENCE)
11.1 Term. This Agreement begins on the Effective Date and continues until the Scope of Work described in Section 1 (as amended by any signed change orders) is substantially completed and all amounts due to Contractor have been paid in full, unless earlier terminated as provided below.
11.2 Termination for Cause by Contractor. Contractor may terminate this Agreement, in whole or in part, upon written notice to Client if:
(a) Client fails to pay any undisputed amount within [NUMBER] days after the due date and does not cure such failure within [NUMBER] days after receiving written notice from Contractor; or
(b) Client fails to provide reasonable access, room availability, or site conditions necessary for Contractor to perform the Services, and does not cure such failure within [NUMBER] days after receiving written notice from Contractor describing the issue.
In the event of termination by Contractor for cause, Client shall pay Contractor for:
(i) All completed and accepted units at the agreed unit prices;
(ii) All work in progress reasonably performed up to the effective termination date; and
(iii) Any non-cancellable materials or mobilization costs reasonably incurred for the project and disclosed to Client.
11.3 Termination for Cause by Client. Client may terminate this Agreement for cause upon written notice to Contractor if Contractor materially fails to perform the Services in accordance with this Agreement and does not cure such failure within [NUMBER] days after receiving written notice from Client describing the failure in reasonable detail.
In the event of termination by Client for cause, Client shall pay Contractor for:
(i) All completed and accepted units at the agreed unit prices; and
(ii) Any portion of the Services previously performed to Client’s reasonable satisfaction as of the effective termination date,
subject to any good-faith setoff for the reasonable cost of correcting defective work.
11.4 No Termination for Convenience. Except as expressly provided in Sections 11.2 and 11.3, neither Party may terminate this Agreement for convenience.
12. DISPUTE RESOLUTION
The Parties will first attempt in good faith to resolve any dispute arising under this Agreement through direct discussions between representatives with decision-making authority.
If the dispute cannot be resolved through such discussions within a reasonable time, either Party may pursue its rights and remedies in the courts specified in Section 13.
13. GOVERNING LAW & VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma, without regard to its conflict-of-law rules.
Any action arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in or serving Tulsa County, Oklahoma, unless the Parties specifically agree in writing to a different venue for a property located in another state.
14. MISCELLANEOUS
14.1 Independent Contractor. Contractor is an independent contractor and not an employee, partner, or joint venturer of Client.
14.2 Entire Agreement. This Agreement, together with any Exhibits and written change orders, constitutes the entire agreement between the Parties regarding the subject matter and supersedes all prior negotiations or agreements, whether written or oral.
14.3 Amendments. Any amendment or modification to this Agreement must be in a written document signed by both Parties.
14.4 Assignment. Neither Party may assign this Agreement without the prior written consent of the other Party, except that Contractor may engage subcontractors under Contractor’s supervision and responsibility.
14.5 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
14.6 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. Signatures transmitted by electronic means (including scanned PDFs or e-signature platforms) shall be deemed original signatures.
15. SIGNATURES
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CONTRACTOR:
Raymond’s Refinishing LLC
By: ________________________________________
Name: [NAME OF OWNER / AUTHORIZED SIGNER]
Title: [TITLE]
Date: ____ / ____ / ______
CLIENT (HOTEL OWNER / MANAGEMENT COMPANY):
Legal Entity Name: [HOTEL ENTITY NAME]
By: ________________________________________
Name: [AUTHORIZED SIGNER NAME]
Title: [TITLE]
Date: ____ / ____ / ______