Service Professional Contract Disclaimer
1. Scope of Work
Bay Area Fix It is a Lead generating referral services company matching licensed contractors (herein described as service professional) with commercial or residential prospects (herein described as Client) that are in need of handyman repair, renovation or restoration services to private or public property. Service Professional agrees and understands that all work done on any property or real property (either commercial or residential) will be carried out as per the terms/conditions and sole agreement between client and service professional. Bay Area Fix It is simply acting as a lead generating and referral agency connecting service professional with client in need of handyman repair, renovation or restoration services for construction work on either residential or commercial property. Bay Area Fix It is in no way involved with the details of the terms/conditions and sole agreement of the contract between service professional and client. Service professional is required to abide by and inform client of the following: Service Professional agrees to defend and indemnify and hold harmless Bay Area Fix It and its staff of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to the work of service professional which may arise from any damages or liabilities arising out of or encountered in connection with the work done and the performance of service professional for client. Service professional agrees to abide by said policies above and herein, understanding completely that any violation of these policies subjects service professional to loss of being in contract with Bay Area Fix It, loss of all access, privileges, all manner of business and service to reconnect service professional to client, as well as incurring penalties, liabilities and/or suites as described herein brought about by the service professional or any third party involved. Service professional will not attempt to access or possess any of Bay Area Fix It’s clients, employees or vendor information for which service professional is not entitled to or authorized to possess. Service professional will safeguard all assets belonging to client (either tangible or intangible); to include confidentiality of identity of those clients provided by Bay Area Fix It Service professional must abide by all security policies, procedures, and standards developed within contractual agreement with client, and as set forth by California State Law, during that period service professional is allowed to have access to any client information and/or work site. Service professional shall perform the work described in the negotiated contract agreement with client and shall perform all work in a skillful, professional and competent manner. The service professional shall (unless otherwise specified) supply all labor, transportation, materials, tools, apparatus, fuel, and incidentals necessary for the completion of the scope of work, and shall install, maintain and/or remove all equipment from the construction site and be responsible for the safe, proper and lawful construction, maintenance and use of the same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on plans or schedules, stated in the specifications (if provided), or reasonably implied there from, all in accordance with the contractual agreement with client. Service professional shall provide qualified staff persons to administer and/or oversee all work required as per described in the contractual agreement with client and as required by California State Law. Service professional shall obtain all required permits (if required), all notices, and comply with all laws, ordinances, codes, rules and regulations bearing on the conduct of the work under contract with client and with the Laws of the State of California. If the service professional observes any alteration or changes not mentioned or stated within the contractual agreement with client, Service professional shall notify Bay Area Fix It in writing, email or noted message by phone of such changes. Bay Area Fix It can only act as a mediator and/or witness of changes made to contract between client and service professional. Bay Area Fix It will assist both parties to resolve any issues that may arise due to changes not mentioned in contract between client and service professional. If service professional performs any work knowing it be to contrary to local or national laws, ordinances, codes, rules and regulations, as well as going against details mentioned in contractual agreement with client, and without such notice to Bay Area Fix It, service professional shall bear all costs, negligence claims and liabilities arising there from. Notifying Bay Area Fix It does not in any way nullify the service professional from any damages or legal actions placed against the service professional that may arise due to negligence of not notifying proper authorities or Bay Area Fix It where assistance can be rendered to address the situation lawfully.
All work under contract shall be performed and will confirm under current California State laws and building codes. Service professional shall cooperate with municipal and county authorities in obtaining building permits; if required. Permits may be obtained by service professional at no cost to Bay Area Fix It or its client (if not otherwise stated by client); unless otherwise negotiated.
2. Independent Contractor/ Service Professional
THE SERVICE PROFESSIONAL SHALL PERFORM ITS DUTIES AND SERVICES TO CLIENT HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE, AGENT, OFFICER OR DIRECTLY ASSOCIATED ENTITY OF BAY AREA FIX IT NEITHER THE SERVICE PROFESSIONAL NOR ANY AGENT OR EMPLOYEE OF THE SERVICE PROFESSIONAL SHALL BE OR SHALL BE DEEMED TO BE AN AGENT, REPRESENTATIVE OR EMPLOYEE OF BAY AREA FIX IT SERVICE PROFESSIONAL SHALL PAY, WHEN DUE, ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX WITHHOLDING, INCLUDING ALL FEDERAL AND STATE INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID PURSUANT TO ANY CONTRACTUAL AGREEMENT AS REQUIRED BY FEDERAL AND STATE LAWS. BY ENTERING INTO THIS AGREEMWNT WITH BAY AREA FIX IT, SERVICE PROFESSIONAL AGREES AND UNDERSTANDS THAT THE SERVICES REDERED TO THE SERVICE PROFESSIOANL BY BAY AREA FIX IT IS STRICKLY AS A LEAD GENERATING SOURCE WHERE SERVICE PROFESSIONAL IS SUPPLIED WITH PERSONAL INFORMATION OF POSSIBLE SOUORCES IN NEED OF HANDYMAND REPAIR, RESTORATION, AND RENOVATION SERVICES FOR WORK ON PRIVATE OR PUBLICLY OWNED COMMERCIAL OR RESIDENTIAL PROPERTY. SERVICE PROFESSIONAL AND ITS EMPLOYEES ARE NOT ENTITLED TO RECEIVE, FROM BAY AREA FIX IT, ANY UNEMPLOYMENT INSURANCE BENEFITS OR OTHER TYPES OF INSURANCE OR SERVICE PROVIDER COMPENSATION BENEFITS. THE SERVICE PROFESSIONAL MUST PROVIDE SUCH BENEFIT COVERAGE FOR ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, WHO ARE ALL INDEPENDENT AND IN NO WAY ASSOCIATED WITH BAY AREA FIX IT AND THAT BAY AREA FIX IT DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. SERVICE PROFESSIONAL SHALL HAVE NO AUTHORIZATION, EXPRESSED OR IMPLIED, TO BIND BAY AREA FIX IT TO ANY LIABILITY OR NEGOTIATION OF CONTRACT AGREEMENT WITH CLIENT. SERVICE PROFESSIONAL IS FULLY LIABLE FOR ANY DAMAGES AND CLAIMS ARISING OUT OF FULL OR PARTIAL WORK COMPLETED DURING ASSIGNEMENT OF CONTRACTUAL AGREEMENT WITH CLIENT. SERVICE PROFESSIONAL SHALL BE RESPONSIBLE FOR DAMAGES TO PERSON OR PROPERTY OCCASSIONED BY CLIENT OR HIS AGENTS, THIRD PARTIES, ACTS OF GOD, OR OTHER CAUSES BROUGHT ON THROUGH NEGLENCE, EITHER INTENTIONAL OR UNINTENTIONAL. SERVICE PROFESSIONAL SHALL PROVIDE AND KEEP IN FORCE WORKER’S COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE SERVICE PROFESSIONAL, ITS EMPLOYEES AND AGENTS FOR BOTH INTENTIONAL AND UNINTENTIONAL OCCURRENCEIES. BY PARTICIPATING IN BAY AREA FIX IT’S NETWORK OF CONTRACTORS, SERVICE PROFESSIONAL AGREES AND UNDERSTANDS THAT BAY AREA FIX IT IS ACTING AS A REFERRAL SERVICES COMPANY PROVIDING LEADS TO SERVICE PROFESSIONAL INDEPENDENTLY AND ON A NON-EXCLUSIVE BASIS WHERE BAY AREA FIX IT IS NOT LIABLE FOR ANY DAMAGES, LAW SUITES OR ARBITRATION RESULTS BETWEEN CLIENT AND SERVICE PROFESSIONAL BROUGHT UPON BY SERVICE PROVIDER AND/OR CLIENT.
Service professional shall not commence work until all necessary and required insurance is obtained, nor shall the service professional allow any of its subcontractors or employees to commence work until all similar insurance required of the subcontractor or employee has been obtained. The service professional shall provide and maintain, during the life of agreement, Workmen’s Compensation Insurance for all its employees at the site of the project under contract. The service professional shall provide and maintain, during the life of this agreement, such Public Liability and Property Damage Insurance against claims of personal injury, including accidental death, as well as from claims for property damages which may arise from work done for clients whether such negligence be caused by the service professional, its employees, or by any subcontractor employed by service professional, or by anyone directly or indirectly employed by service professional. The service professional shall furnish to Bay Area Fix It all satisfactory proof of carriage of the insurance required before written approval is granted to participate in Bay Area Fix It’s network of approved service professional as well as before any work is performed on any personal property whether privately or commercially owned.
Bay Area Fix It takes every measure possible in examining the credentials of verifying our network of service professionals in certain aspects of their professional skill or registered trade license. Bay Area Fix It confirms, at the time of a service professional’s registration, that all applicable and required state-level or provincial-level trade licensing is current and valid. Certain states may require state-level licensing for projects above specified dollar amounts. Bay Area Fix It confirms these licensing requirements with the business and the applicable state and local licensing authorities. Licensing maybe required at the county or local authority in which the work is being performed. Larger projects often require the use of subcontractors for specific types of work (for example, a kitchen remodeling project may require a subcontracted electrician or plumber). Bay Area Fix It verifies that all service professionals, referred by Bay Area Fix It, doing work on any project carry the appropriate licensing. It is the sole duty and responsibility of the service provider to ensure that all its employees, contractors, or subcontractors assisting service provider, carry all appropriate licenses and insurance coverage. Failure to carry such license and insurance obligations may result in legal action against service provider from client and Hire 4 ire, Inc. Given the unique nature of California licensing requirements, Bay Area Fix It relies on all documentation and data registered and approved by the California Contractors State Licensing Board (CSLB) for each service professional registered as a California General building contractor or specialized field laborer (specialty contractor) licensed to cover home improvement, commercial or industrial projects as described by the outlines of General Contractor work or specialty contractor labor requirements set forth by California licensing laws. If requested, a copy of the registered license and insurance documents of each service professional (employed or subcontracted by service provider) must be supplied to client and Bay Area Fix It in order to maintain current dated records of service professional and its subcontractors, agents, employees or representatives.
5. Liability, Disputes, Claims and Contract Agreement
Bay Area Fix It is not liable or responsible for law suits, claims of negligence, or other liability charges caused by faulty alterations and/or damages caused or invoked by service professional. All service professionals, in Bay Area Fix It’s network, are solely and legally responsible for all liability claims from client who are using service professionals on a referral basis from Bay Area Fix It Service Professional agrees to defend and indemnify and hold harmless Bay Area Fix It and its staff of and from any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, arising out of or relating to the work of service professional which may arise from any damages or liabilities arising out of or encountered in connection with the work done and the performance of service professional for client. Failure to comply with the policies, terms and conditions stated herein may result in legal action against service professional by Bay Area Fix It
NOTE: Client shall not have possession of portion of property, identified as work site within contractual agreement, with regards to any Mechanics Lien, until such time as all payments or other obligations required, as set forth in contractual agreement with service provider, have been fully paid. If possession of structure is taken by owner before obligations and full payment is met, it shall be considered as acceptance of the structure, by the owner, as complete and satisfactory; unless otherwise determined between service professional and client. No claim can be held against Bay Area Fix It and its officers, employees or representatives for any damages or claims of negligence to work completed or partially done by service professional. Payments not collected by service professional due to client taking possession of property is the sole responsibility of service professional for which Bay Area Fix It is not accountable for.
6. Safety Requirements
Service professional shall be responsible for the contract site and the construction of the same and provide all the necessary protective gear and/or safety devices and tools as required by laws or ordinances governing such conditions and as required by client. Service professional shall be responsible for any damages to the client’s property or that of others on the job, by service professional, its personnel or its subcontractors, and shall make good such damages. Service professional shall be responsible for and pay for any claims against client arising from such damages. The service professional shall provide all necessary safety measures for the protection of its personnel, to include the requirements of the (AGC) Accident Prevention Manual in Construction as amended, and shall fully comply with all state laws or regulations to prevent accidents or injuries to persons on or about the location of the work. Service professional shall clearly mark or post signs warning of hazards existing, and shall barricade excavations and similar hazards. Service professional shall protect against damages or injuries resulting from falling materials and shall maintain all protective devices and signs throughout the progress of the work. The Service professional shall keep the sites and surrounding area reasonably free from rubbish at all times and shall remove debris from the site from time to time or when directed to do so by client or safety supervisor as required. Before final inspection and acceptance of the work site, the Service professional shall thoroughly clean the work site, and completely prepare the site for use by the client.
The service professional shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve (12) months following the final completion and acceptance of the work and shall replace such defective materials or workmanship without cost to the owner. Where items of equipment or material carry a manufacturer’s warranty for any period in excess of twelve (12) months, or less, then the manufacturer’s warranty shall apply for that particular piece of equipment or material. The service professional shall replace such defective equipment or materials, without cost to the client, within the manufacturer’s warranty period. Additionally, the client may bring an action for latent defects caused by the negligence of the service professional, which is hidden or not readily apparent to the owner at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law.