This Terms and Conditions Agreement ("Agreement") is entered into as of the date of the Jobber proposal acceptance by and between Milo’s Precision Striping (the "Company") and the "Client" (as identified in the Jobber proposal). Accordingly, the parties hereby consent and agree to the following terms:

1. Scope of Work & Proposal Acceptance

• Defined Work: The Company will perform services as detailed in the Jobber proposal. Any work outside this scope requires a written change order, signed by both parties.

• Proposal Validity: This proposal is valid for 30 days. Final acceptance is subject to approval by the Company. Due to volatile material pricing, the Company reserves the right to withdraw or increase the price of this proposal if not accepted and/or started within 30 days.

• Force Majeure: The Company is not liable for cancellation or delay from causes beyond its control, including acts of God, labor disturbances, war, shortages, and acts of government, etc.

2. Site Access & Conditions

• Client Representation: The Client shall be represented by an authorized agent to accept work performed, authorize and sign for any additions or changes, and be available for consultation throughout the time of service.

• Site Clearance: The Client is responsible for ensuring the work area is free of all vehicles, equipment, and pedestrians by the scheduled start time (typically 8:00 AM unless otherwise noted). All vehicles left in the work zone after the scheduled start time shall be towed at the Client’s expense, or those areas will be excluded from the scope of work.

• Mobilization & Delay Fees:

  • If the Company arrives and the site is not clear or ready to begin work, a mobilization fee of $350.00 per day will be charged until the work zone is ready.

  • The Client agrees to pay the Company’s reasonable charges for delays caused by the Client or its agents.

  • No return trip to address obstructed areas will be made unless a change order has been issued and signed.

• Surface Conditions: All surfaces shall be in similar condition compared to the time the project was bid. Basic preparation includes broom sweeping and/or power blowing of light debris; this will not remove all dirt and contaminants. Mud, paint, spills, compacted dirt, grass in the stripe space, or heavily soiled areas must be pressure washed beforehand by the Client. Excessively dirty lots may incur additional charges for cleaning or will be painted "as is" at the Client's instruction. The Company is not liable for paint failure due to surface defects like "alligatoring," crumbling asphalt, or heavy oil saturation.
   

3. Utilities, Water Supply, and Underground Structures

• Water Supply: A water supply source shall be furnished by the Client for the Company's use on this project. If no water source is available and water is needed, it can be trailered in for an additional charge.

• Underground Utilities: The Client assumes responsibility for marking all underground utilities. The Company does not assume responsibility for any utility lines (electric, water, sprinkler, data, communication, etc.) which may lie within eighteen inches (18") of the surface or within the project work areas.

• Indemnification for Utilities: The Client agrees to indemnify and hold the Company harmless from all claims, including its reasonable attorneys’ fee incurred in defending any claim, resulting from damages to any irrigation line, private electrical line, utility line, or substructure not identified or clearly marked by the Client.
   

4. Weather, Irrigation, and Third-Party Interference

• Weather: The Company reserves the right to reschedule due to rain or extreme humidity that prevents proper paint bonding. Temperatures below 40°F or above 100°F and winds above 20 mph may also require rescheduling.

• Irrigation/Sprinklers: All irrigation systems (on the worksite and surrounding properties whose drainage affects the worksite) must be turned off 24 hours before and after service. The Company will not be held responsible for damage caused by condensation, moisture dripping from structures (A/C units, gutters, etc.), or water runoff from active or broken sprinkler systems. Damage caused by water runoff or "reclaimed water" spotting is the Client’s financial responsibility to repair.

• Third-Party Interference:

  • If the Company's work is interrupted by other trades, vendors, or sprinklers, there will be a minimum return mobilization charge of $350.00.

  • The Company is not responsible for damages to fresh paint caused by third parties (drivers, pedestrians, or animals) who bypass cones/markings after the Company has secured the area.

  • If Emergency Services (Ambulance, Police, Fire Department) must gain access through the worksite, the Company will immediately allow access. Any resulting damages will be repaired at an additional charge.

  • The Company is not responsible for damages to work, bodily injury, structures, or automobiles caused by barricades/ropes/signs/tapes that have been moved by a third party to gain unauthorized access to a closed worksite.

5. ADA Compliance & Layout

• Responsibility: The Client is responsible for ensuring the parking lot layout meets federal, state, and local ADA (Americans with Disabilities Act) requirements.

• Existing Lines: If the Company is instructed to "stripe over existing lines," the Client assumes all liability if those original lines do not meet current code.

• Layout Advice: Any layout suggestions provided by the Company are based on industry standards and do not constitute legal or architectural certification.
   

6. Payment Terms

• Deposit: A 25% deposit is required upon acceptance of this proposal before scheduling and commencing work. The remaining 75% balance is due upon completion of services unless otherwise agreed upon in a written addendum. Acceptance of this proposal signifies the Client's agreement to the scope of work, specifications, and terms outlined herein, and authorizes Milo’s Precision Striping to proceed.

• Due Date: Payment is due upon receipt of the Jobber invoice unless a different arrangement has been made in writing prior to acceptance.

• Late Fees: Balances remaining unpaid for more than ten (10) days past the due date will incur a monthly service charge of 1.5%.

• Collections & Legal Fees: The Client agrees to pay all reasonable legal and collection costs, including attorney’s fees, incurred by Milo’s Precision Striping to recover any unpaid balances. In any legal action related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs, and necessary disbursements.

• Lien Rights / Notice to Owner: Milo’s Precision Striping retains the right to serve a Notice to Owner and pursue lien rights in accordance with Florida law for any unpaid balance. The Client agrees to provide accurate property ownership information upon request.

• Incomplete Work: If the contracted work is not fully completed due to conditions outside of Milo’s Precision Striping's control (e.g., weather, client-related delays), the Company shall be paid in full for all items of work that are substantially complete. (Substantially complete means all work in the order has been completed and only a minor amount of work remains to be finished, such as work in obstructed areas or touch-ups).

• Taxes: Applicable taxes are computed based on the locality where the work is performed at the time of invoicing. Taxes can only be waived upon receipt of a properly executed exemption certificate.
   

7. Warranty & Exclusions

• Warranty: The Company provides a one-year warranty on material adhesion (workmanship).

• Exclusions: This warranty is void if the pavement surface fails, if the area is pressure washed prematurely (within 2 days of installation), or if the area is subjected to abnormal chemical abuse, abrasive cleaning, gasoline/oil spills, or heavy equipment dragging (e.g., dumpsters). Normal wear and tear, accidental damage, abuse, neglect, and acts of God are excluded. Warranty work is at the discretion of the Company and will be performed by whatever method the Company deems appropriate.

• Uncontrolled Conditions: The Company shall not be responsible for any damage to or deterioration of its work resulting from causes beyond its control, including but not limited to failure of subgrade, soil volume changes, base failure, asphalt failure, or unknown contaminants (fertilizers, chemicals, groundwater) on the asphalt surface.
   

8. Indemnification & Limitation of Liability

• General Indemnity: The Client agrees to indemnify and hold harmless the Company from any and all claims, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from the Client's breach of these terms, or any damage to property or injury to persons occurring on the job site that is not directly caused by the Company's negligence.

• Company Indemnity: The Company maintains adequate insurance and shall indemnify and hold harmless the Client from any claims, damages, losses, and expenses arising out of, or resulting from performance of the work to the extent caused by the negligent acts or omissions of the Company, or anyone for whose acts the Company may be liable.

• Limitation: The Company’s liability for any claim, including those arising from breach of contract or negligence, shall not exceed the total amount paid by the Client to the Company for the specific services giving rise to the claim. The Company is not liable for indirect, incidental, or consequential damages.
   

9. Traffic Control and Work Hours

• Traffic Control: Traffic control will not be provided by the Company during the installation unless otherwise specified in the proposal. Flagmen will only be provided for areas where traffic cannot be detoured and the Company has to create a one-way path. It is the Client’s responsibility to maintain necessary barricades, closures, etc., after the Company’s personnel leave the worksite.

• Work Hours: Work overnight and on weekends is excluded from the costs in this proposal unless specifically noted. If night work is specified, the parking lot lights must be scheduled to stay on for the duration of the work. Failure to maintain lighting will result in a minimum $350.00 return mobilization charge.
   

10. Communications and Marketing

• Communication Consent: By signing this Agreement, the Client provides express consent for the Company and its representatives to contact them via email, phone, or text message (including through automated systems) for purposes related to scheduling, project updates, billing, customer service, and marketing. These communications may include reminders, estimates, promotions, and future service notices. Standard messaging and data rates may apply. The Client may opt out of marketing communications at any time by replying "STOP" to text messages or following unsubscribe instructions provided in emails.

• Marketing Permission: The Client grants permission for the Company to create photos or videos of the site for use in marketing and promotion.
   

11. Disputes and Governing Law

• Dispute Notification: If the Client objects to any portion of the work, the Client will so notify the Company within seven (7) calendar days, identify the cause of the disagreement, and pay when due, that portion of the invoice not in dispute.

• Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any disputes arising under this agreement shall be brought in the courts of Escambia County, Florida. The parties acknowledge they are voluntarily and knowingly waiving any rights they may have to establish venue in any other county.

• Severability: If a court finds any provision of this Agreement to be invalid or unenforceable, the rest of the provisions of this Agreement shall remain valid and enforced.
   

12. Confidentiality

• Confidentiality: The information in this document is privileged and confidential. No part of this document may be reproduced and/or distributed to anyone other than the recipient listed on this document without written permission from the Company.