CUSTOMER LIABILITY AGREEMENT
This Agreement between the Customer and Laborers (the “Customer Liability Agreement”) is effective until [06/18/20].
BETWEEN: Local Helpers: (the "Laborers"), a company organized and existing under the laws of the Contra Costa County of California, with its head office located at:
Lafayette CA 94549
AND: Customer Name: __________________________ (the "Customer"), an individual with
his or her main address located at:
COMPLETE ADDRESS: _________________________________.
OR a company organized and existing under the laws of the of the Province:________________
of State: _____________________ with its head office located at:
COMPLETE ADDRESS: _________________________________.
WHEREAS, Customer finds that the Laborers are qualified to perform the work, all relevant factors considered, and that such performance will be in furtherance of Owner's business.
NOW, THEREFORE, in consideration of the mutual covenants set forth herein and intending to be legally bound, the parties hereto agree as follows:
Local Helpers agrees to provide all of the labor required to perform the following work for the aforementioned Customer.
Given the Laborers are paid at a set hourly rate, they all must agree to work in a timely manner, and perform to the peak of their abilities, without break or rest unless otherwise specified by the Customer.
Given the Laborers are paid a set amount at the end of the job, they all must agree to accept the payment that has been determined by the Customer as a sufficient sum for the quality of work they have produced. However given that there was a prior determined amount that the Customer formally agreed to pay the Laborers, he/she is legally obligated by this contract to provide such payment unless otherwise specified by the Laborers.
In the prosecution of the work, Local Helpers shall employ a sufficient number of workers skilled in their trades to suitably perform the work.
The Customer agrees to provide and pay for all materials, tools and equipment required for the prosecution and timely completion of the work. Unless otherwise specified, all materials shall be of good quality.
Under the circumstance that the Customer specially requests or otherwise specifies the Local Helpers provide materials for the task at hand, the Laborers must first formally agree to such a request prior to the job and are thereafter legally obligated to provide said materials.
Neither the Laborers nor Local Helpers shall be legally obligated to replace/repair any equipment or materials damaged on the prior mentioned job assigned to the Laborers by the Customer.
The Owner hereby agrees to pay the Laborers, for the aforesaid labor, the sum of which being mentioned below, in the following manner:
DESCRIBE METHOD OF PAYMENT: _________________________
TIMING OF PAYMENT: [ ___ / ___ / ___ ]
4. COMPLETION OF THE WORK
Local Helpers agrees that the various portions of the above-described work shall begin on or before the following date:
START DATE: [ ___ / ___ / ___ ] , and the aforementioned work shall be
completed no later than:
COMPLETION DATE: [ ___ / ___ / ___ ]
5. MODIFICATIONS TO THE WORK
All changes and deviations in the work ordered by the Customer must be in writing, the contract sum being increased or decreased accordingly by the Laborers.
Any claims for increases in the cost of the work must be presented by Local Helpers to the Customer in writing, and written approval of the Customer shall be obtained by the Laborers before proceeding with the ordered change or revision.
The Customer, Customer’s representative and public authorities shall at all times have access to the work.
Given the Customer has formally given consent, the Laborers are permitted to allow access representatives of their decision to assist with their work.
7. CONFORMITY WITH DRAWINGS AND SPECIFICATIONS
Local Helpers agrees to re-execute any work which does not conform to the drawings and specifications, warrants the work performed, and agrees to remedy any defects resulting, from faulty materials or workmanship which shall become evident during a period of one year after completion of the work.
8. INSURANCE COVERAGE
Local Helpers agrees to maintain full insurance on the above-described work during the progress of the work, in its own name and that of the Laborers.
Given the putative situation in which a Laborer suffers bodily injury and/or death during the time they are working for the Customer, he/she as well as any representatives of the Laborer agree to hold no responsibility towards the Customer and/or any representatives of the Customer.
Local Helpers agrees to obtain insurance to protect its laborers against claims for property damage, bodily injury or death due to their performance on the aforementioned task.
In the event the Laborers are delayed in the prosecution of the work by acts of God, fire, flood or any other unavoidable casualties; or by labor strikes, late delivery of materials; or by neglect of the Customer; the time for completion of the work shall be extended for the same period as the delay occasioned by any of the aforementioned causes.
In the event the work is delayed due to neglect of the Laborers, Local Helpers agrees to pay the Customer the sum of predetermined AMOUNT: $________ per day as liquidated damages until such time as the work is completed.
11. NO ASSIGNMENT
Neither the Customer nor Laborers shall have the right to assign any rights or interest occurring under this agreement without the written consent of the other, nor shall Local Helpers assign any sums due, or to become due, to it under the provisions of this agreement.
12. GOVERNING LAW
This agreement shall be interpreted under laws of the Contra Costa County of California.
Given the Customer is associated with or pertains any legal ties to a company that is run under the laws of a different province/state, by formally agreeing to this document through signature he/she agree to disregard any irregularities in law in the said province/state with regard to that of the Contra Costa County.
13. ATTORNEY’S FEES
Attorney's fees and court costs shall be paid by the defendant in the event that judgment must be, and is, obtained to enforce this agreement or any breach thereof.
Local Helpers will not provide legal services for the Laborers under the circumstance the Customer files for legal action to be undergone with regards to the aforementioned work at hand. In such circumstance the Laborer will independently obtain a legal defendant.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year written:
DATE: [ ___ / ___ / ___ ] .
Authorized Signature: Authorized Signature:
Print Name: Print Name: