Housekeeper Service Agreement - Template, Sample Form Pro · US-law
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HOUSEKEEPING SERVICES AGREEMENT
State of ________
RECITALS.
This Housekeeping Services Agreement (this “Agreement”) is made and entered into as of ________ (the “Effective Date”), by and between the following parties:
________ (the “Housekeeper”),
a ________,
of
________
-AND-
________ (the “Client”),
a ________,
of
________
The Housekeeper and the Client are each referred to herein as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and promises set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ I. INDEPENDENT CONTRACTOR RELATIONSHIP.
1. The Parties acknowledge and agree that the Housekeeper is engaged as an independent contractor and not as an employee, agent, partner, or joint venturer of the Client. Nothing in this Agreement shall be construed to create an employment, agency, partnership, or joint venture relationship between the Parties. The Housekeeper retains sole and exclusive control over the manner, means, and methods by which the Services are performed, subject only to the results-based standards set forth herein.
2. The Housekeeper shall be solely responsible for the payment of all federal, state, and local income taxes, self-employment taxes, and any other taxes, contributions, or assessments arising from the compensation paid under this Agreement. The Client shall not withhold or pay any such taxes on behalf of the Housekeeper, and the Housekeeper shall indemnify the Client against any liability arising from the Housekeeper’s failure to satisfy such obligations.
§ II. JOB DESCRIPTION.
3. Commencing on ________, the Housekeeper shall provide the following housekeeping services, collectively referred to herein as the “Services”:
a. Emptying wastebaskets;
b. Replacing trash can liners as needed;
c. Sweeping and mopping floors;
d. Washing windows;
e. Sanitizing all bathroom surfaces and fixtures;
f. Dusting furniture;
g. Vacuuming;
h. Cleaning all air vents;
i. Steam cleaning carpets as needed;
j. Waxing floors;
k. Washing and putting away dishes;
l. Making beds and changing bed linens; and
m. The following additional duties:
________
4. In addition to the Services described above, the Housekeeper shall provide such additional housekeeping services as may be mutually agreed upon in writing by the Parties from time to time, subject to such additional compensation as the Parties may agree.
5. All Services shall be performed without disturbing or unduly inconveniencing the Client, its guests, or other individuals occupying the premises.
6. All Services under this Agreement shall be performed at the following location (the “Premises”):
________
§ III. WORK INSPECTION.
§ IV. PAYMENT.
8. As full compensation for the Services, the Client shall pay the Housekeeper installment payments in the amount of $________ (________) each week, due and payable on ________.
9. Any payment not received within three (3) days of its due date shall be subject to a late fee of $________ (________), to the maximum extent permitted by applicable law. In no event shall any late fee or interest charge exceed the maximum rate permitted under the laws of the State of ________.
10. In addition to any other right or remedy provided by law, if the Client fails to pay for the Services when due, the Housekeeper may treat such failure as a material breach of this Agreement and may suspend performance, terminate this Agreement, and/or pursue all available legal and equitable remedies.
§ V. SCHEDULE AND WORK HOURS.
11. The Services shall be performed with the following frequency:
________
12. Certain tasks may require greater frequency than others. The Housekeeper shall be responsible for establishing a cleaning schedule reasonably designed to complete the Services in a competent and timely manner.
13. The Housekeeper shall perform the Services so as to avoid inconveniencing the Client, its guests, and any other individuals using the Premises whenever reasonably possible.
§ VI. TERM.
14. This Agreement shall commence on the Effective Date and shall terminate automatically on ________, unless earlier terminated in accordance with the provisions of this Agreement.
15. Either Party may terminate this Agreement for convenience upon not less than ________ days’ prior written notice to the other Party. Upon such termination, the Client shall pay the Housekeeper for all Services properly performed through the effective date of termination.
§ VII. HIRING AND SUPERVISION OF ASSISTANTS.
16. The Housekeeper may employ and direct such personnel as it requires to perform the contracted work and shall secure any and all permits and licenses required to perform the work contemplated herein.
§ VIII. FURNISHING OF EQUIPMENT.
18. Except as otherwise agreed in writing, the Housekeeper shall provide all equipment, tools, supplies, and materials necessary for the performance of this Agreement.
§ IX. INSURANCE.
19. The Housekeeper, at its own expense and cost, shall procure and maintain throughout the term of this Agreement: (a) a workers’ compensation insurance policy as required by the laws of the State of ________ for the protection of its employees engaged in work under this Agreement; and (b) commercial general liability insurance in an amount of not less than $________ per occurrence. Upon request, the Housekeeper shall provide the Client with certificates of insurance evidencing such coverage.
§ X. CONFIDENTIALITY.
20. The Housekeeper, and its employees, agents, and representatives, shall not at any time or in any manner, either directly or indirectly, use for its own benefit, or divulge, disclose, or communicate to any third party, any information that is proprietary or confidential to the Client. The Housekeeper shall protect such information and treat it as strictly confidential. This provision shall survive the termination or expiration of this Agreement.
21. Upon termination of this Agreement, the Housekeeper shall return to the Client all records, notes, documentation, keys, access devices, and other items used, created, or controlled by the Housekeeper in connection with this Agreement.
§ XI. INDEMNIFICATION.
22. The Housekeeper shall indemnify, defend, and hold harmless the Client and its officers, directors, employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or resulting from the negligent acts, omissions, or willful misconduct of the Housekeeper or its employees, agents, or representatives in the performance of the Services.
23. The Client shall indemnify, defend, and hold harmless the Housekeeper and its employees, agents, and representatives from and against any and all claims, losses, liabilities, damages, expenses, and costs (including reasonable attorneys’ fees) arising out of or resulting from the negligent acts, omissions, or willful misconduct of the Client or its employees, agents, or representatives. The obligations under this Section shall survive the termination or expiration of this Agreement.
§ XII. WARRANTY; LIMITATION OF LIABILITY.
24. The Housekeeper shall provide its Services and meet its obligations under this Agreement in a timely and workmanlike manner, using the degree of knowledge, skill, and care that meets generally accepted standards in the Client’s community and region, and shall provide a standard of care equal to or superior to that customarily used by the Housekeeper on similar projects.
25. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY, EXPRESS OR IMPLIED. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY.
§ XIII. DEFAULT.
26. The occurrence of any of the following shall constitute a material default under this Agreement:
a. The failure to make a required payment when due;
b. The insolvency or bankruptcy of either Party;
c. The subjection of any of either Party’s property to any levy, seizure, general assignment for the benefit of creditors, or application or sale for or by any creditor or governmental agency; or
d. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.
§ XIV. REMEDIES.
27. In addition to any and all other rights a Party may have at law or in equity, if a Party defaults by failing to substantially perform any provision, term, or condition of this Agreement (including, without limitation, the failure to make a monetary payment when due), the non-defaulting Party may terminate this Agreement by providing written notice to the defaulting Party.
28. Such notice shall describe with sufficient detail the nature of the default.
29. The Party receiving such notice shall have seven (7) days from the effective date of such notice to cure the default(s). Unless waived by the Party providing notice, the failure to cure the default(s) within such time period shall result in automatic termination of this Agreement.
§ XV. FORCE MAJEURE.
30. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond a Party’s reasonable control (“Force Majeure”), and if the Party unable to carry out its obligations gives the other Party prompt written notice of such event, then the obligations of the Party invoking this provision shall be suspended to the extent necessary by such event.
31. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, national emergencies, epidemics or pandemics, governmental orders or restrictions, insurrections, riots, wars, strikes, lock-outs, or work stoppages.
32. The excused Party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or cease.
33. An act or omission shall be deemed within the reasonable control of a Party if committed, omitted, or caused by such Party or its employees, officers, agents, or affiliates.
§ XVI. ENTIRE AGREEMENT.
34. This Agreement contains the entire agreement of the Parties, and there are no other promises, representations, or conditions in any other agreement, whether oral or written, concerning the subject matter of this Agreement.
35. This Agreement supersedes any and all prior written or oral agreements between the Parties concerning its subject matter.
§ XVII. SEVERABILITY.
36. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.
37. If a court of competent jurisdiction finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
§ XVIII. AMENDMENT.
38. This Agreement may be modified or amended only in a writing signed by both Parties.
§ XIX. ASSIGNMENT.
39. Neither Party may assign or transfer this Agreement, in whole or in part, without the prior written consent of the other Party, which consent shall not be unreasonably withheld. Any attempted assignment in violation of this Section shall be null and void.
§ XX. GOVERNING LAW; VENUE.
40. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________, State of ________, for the resolution of any dispute arising out of or relating to this Agreement.
§ XXI. NOTICE.
41. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by certified mail, return receipt requested, or by a nationally recognized overnight courier, to the address set forth in the opening paragraph of this Agreement, or to such other address as a Party may have furnished to the other in writing.
§ XXII. WAIVER OF CONTRACTUAL RIGHTS.
42. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement. No waiver shall be effective unless made in writing and signed by the waiving Party.
§ XXIII. COUNTERPARTS; ELECTRONIC SIGNATURE.
43. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile, and electronic signatures, shall be deemed valid and binding to the same extent as original signatures, in accordance with the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001 et seq.) and applicable state law.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
_________________________________
________, Representative of ________
Title: ________
_________________
Date
_________________________________
________, Representative of ________
Title: ________
_________________
Date
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