This Agreement is executed effective as of this day of, by and between Firehawk Art Installers (hereinafter referred to as FIREHAWK), and you (hereinafter referred to as CLIENT).

WHEREAS, the owners of the premises described below enter into this Agreement with FIREHAWK to arrange for and complete the installation of items at the premises provided in the booking form.  

FINAL PAYMENT DUE UPON COMPLETION.

If the CLIENT(s) fails to pay FIREHAWK the final payment through no fault of FIREHAWK, CLIENT(s) agree(s) to pay FIREHAWK all costs of enforcement or collection including reasonable attorneys’ fees whether or not a lawsuit is commenced as part of the collection process.

If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future applicable law, such provision shall be fully severable, this contract shall be construed and empowered as if such illegal, invalid or unenforceable provision had never comprised a part thereof, and the remaining provision hereof shall remain in full force and effect unaffected by any such illegal, invalid or unenforceable provision or by its severance.

FIREHAWK warrants to the CLIENT(s) that the materials furnished under this Agreement will be new unless otherwise required or permitted, that the work of this Agreement will be free from defects, and that both the materials and workmanship will be free of defects for a period of six months from completion and acceptance of the work. This Warranty excludes remedy for damage or defect caused by abuse, modifications not executed by FIREHAWK, improper or insufficient maintenance, normal wear and tear under normal use, acts of God and conditions (including latent conditions) present prior to the work contracted for pursuant to the terms of this Agreement.

FIREHAWK shall in no way be liable for defect or failure of preexisting CLIENT property used or otherwise related to the services provided by FIREHAWK. Pursuant to the terms of this Warranty, FIREHAWK will, upon notice from CLIENT(s), cause such defects to be corrected at no additional cost to CLIENT(s). CLIENT agrees that any item weighing one hundred (100) or more pounds, and/or any item that is installed with the bottom of said item at or above six (6) feet from the ground shall not be subject to the herein stated Warranty, and CLIENT shall assume all liability and totally hold FIREHAWK harmless for all damage or injury, including death, caused by such items.

FIREHAWK retains the right to use employees or subcontractors to complete all the duties required of this Agreement at FIREHAWK’s discretion. Should subcontractors be needed to complete the work outlined in this Agreement, FIREHAWK has full authority to select subcontractor used and no notice need be delivered to CLIENT. FIREHAWK, at FIREHAWK’s sole discretion, may utilize 1 installer for CLIENT’s job at a rate of $95/hour or utilize 3 installers for CLIENT’s job at a rate of $215/hour, based on CLIENT’s description of work to be performed.

The parties agree that time is of the essence, and therefore the work to be performed under this Agreement shall be commenced on the agreed date. If CLIENT cannot meet the requirements of the installation date specified in this contract, CLIENT will provide a written notice to FIREHAWK and propose a revised installation date two days in advance.

CLIENT agrees to indemnify, defend, and save FIREHAWK harmless from and against any and all liability which FIREHAWK may be responsible for or payout as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by any negligent act, negligent omission, or willful misconduct of Contractor or its employees, its agents, or independent contractors, which occurs in connection with Contractor’s performance of this Agreement. Client agrees to indemnify, defend, and save Contractor harmless from and against any and all liability which Contractor may be responsible for or payout as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Client’s breach of this Agreement or by any negligent act, negligent omission, or willful misconduct of Client and/or Client’s employees, agents, independent contractors, and residents in connection with its performance of this Agreement.

Neither party shall be liable for consequential, incidental, or punitive damages arising out of the performance of or failure to perform this Agreement. FIREHAWK shall not be responsible for any installations or other work that is altered, adjusted, modified, or otherwise changed at any time after completion by FIREHAWK, this shall include all intentional and unintentional changes to the installed items as well as the walls or other structure supporting such installed items.

No waiver of any breach or condition of this Agreement shall be deemed to be a waiver of any subsequent breach or condition, whether of a like or different nature, unless such shall be signed by the person making such waiver and or which so provides by its terms. The persons accepting the terms of this Agreement on behalf of any party hereby represent and warrant that they are accepting the terms with full and complete authority to bind the party on whose behalf of whom he/she is signing, to each and every term of this Agreement.

Full and Final payment from CLIENT shall signify that CLIENT has approved of the work completed and that the job including any necessary clean-up is in acceptable condition.

This Agreement shall constitute the entire agreement between the parties, which entire agreement and specifications shall not be altered or modified except by written agreement of the parties hereto. The venue for any lawsuits or other court proceedings with respect to this contract shall occur in Orange County, Florida. FIREHAWK shall have the right to photograph the work contemplated herein.

CLIENT shall permit FIREHAWK or person(s) employed or engaged by FIREHAWK, without compensation or consideration to CLIENT to take photographs at the project site of both completed work and work in progress, for purposes including, but not limited to, publication in newspapers, magazines, and other print media, use in broadcast media, publication via the Internet, and use in marketing materials used by FIREHAWK.

NOTE: THE WARRANTY PROVISIONS, IF ANY, HAVE BEEN EXPLAINED AND WE UNDERSTAND THEM FULLY.

All terms and conditions of this Agreement are stated in these terms and conditions, and there are no additional terms or conditions either verbal or written.