Montana cleaning service contract template

Montana Cleaning Service Contract

This Cleaning Service Contract (the “Agreement”) is made and entered into as of this [Date], by and between:

• [Cleaning Service Provider Name], a [State of Formation, e.g., Montana] [Entity Type, e.g., LLC], with a principal place of business at [Cleaning Service Provider Address], hereinafter referred to as "Provider," and
  • Phone: [Cleaning Service Provider Phone]
  • Email: [Cleaning Service Provider Email]
  • Montana Business License Number (if applicable): [License Number]
• [Client Name], residing at/with a principal place of business at [Client Address], hereinafter referred to as "Client."
  • Phone: [Client Phone]
  • Email: [Client Email]

1. Service Location(s)

The Provider agrees to provide cleaning services at the following location(s):

• [Full Address of Property]
• Building Description: [Building Description, e.g., Single-Family Residence, Office Building Suite 200]

• Areas to be Cleaned:
  • Option A: The entire property.
  • Option B: Only the following areas: [List Specific Rooms/Areas]
    • Details: [Specific details about areas, e.g., "Only first floor, excluding garage" or "All common areas and restrooms"]
• Client Confirmation of Access: The Client shall provide the Provider with access to the property via:
  • Option A: Key provided.
  • Option B: Access code: [Access Code]
  • Option C: On-site contact: [Contact Person Name]

2. Scope of Services

The Provider agrees to perform the following cleaning services:

• Frequency:
  • Option A: Daily
  • Option B: Weekly
  • Option C: Monthly
  • Option D: On-Call
  • Option E: Other: [Specify Frequency, e.g., Bi-weekly, Every other Friday]
• Days and Time Windows for Service: [Specify Days and Time Windows, e.g., Monday-Friday, 9:00 AM - 5:00 PM]
  • Seasonal/Holiday Adjustments: [Specify any adjustments to the schedule for holidays or seasons, e.g., "No service on major holidays," "Increased frequency during ski season"]
  • After-Hours Adjustments: [Specify any after-hours service and associated premiums]
• Service Type:
  • Option A: Commercial Cleaning
  • Option B: Residential Cleaning
  • Option C: Move-In/Move-Out Cleaning
  • Option D: Post-Construction Cleaning
  • Option E: Deep Cleaning
  • Option F: Janitorial Services
  • Option G: Specialized Cleaning:
    • Carpets: [Specify carpet cleaning details]
    • Windows: [Specify window cleaning details]
    • Hazardous Materials: [Specify hazardous material cleaning details and required certifications. Note: Provider must possess appropriate Montana certifications and licenses.]
  • Option H: Other: [Specify Other Cleaning Services, e.g., Snow removal for building entrances, Mud removal for building entrances]
• Deliverable Standards:
  • Checklist of Tasks: [Attach a detailed checklist of tasks to be performed during each service]
  • Acceptable Cleanliness Levels: [Define acceptable cleanliness levels, e.g., "Dust-free surfaces," "Streak-free windows"]
  • Montana Public Health Standards: Adherence to all applicable Montana public health standards.
  • Use of EPA-Approved Cleaning Products:
    • Option A: Required.
    • Option B: Not Required.
  • Green/Environmentally Safer Options:
    • Option A: Required.
    • Option B: Not Required. [Specify specific green cleaning product requirements]
• Equipment, Cleaning Supplies, and Chemicals: The Provider will provide all necessary equipment, cleaning supplies, and chemicals, except: [Specify any exceptions, e.g., "Client provides paper towels and toilet paper."]
  • Specific Brands/Types Required by Client: [List any specific brands or types of cleaning supplies required by the Client]
• Storage/Disposal: The Provider will properly store and dispose of all cleaning materials in accordance with Montana environmental regulations.

3. Personnel

• Number of Workers: [Number of Workers]
• Named Supervisors: [Name(s) of Supervisor(s)]
• Background Checks:
  • Option A: Required. [Specify requirements, e.g., "Background checks required for all personnel."]
  • Option B: Not Required.
  • Note: If cleaning occurs in sensitive locations (e.g., schools, healthcare facilities), Montana-required background checks may be mandatory.
• Insurance/Worker's Compensation: The Provider maintains insurance coverage and worker's compensation compliant with Montana laws.
• Minimum Wage Compliance: The Provider will comply with Montana state minimum wage rates.

4. Scheduling/Change or Cancellation Policies

• Required Notice Periods:
  • Client Cancellation: [Number] days' notice required.
  • Provider Cancellation: [Number] days' notice required.
• Flexibility for Montana Weather-Related Service Interruptions: [Specify how weather-related delays will be handled.]
• Client-Initiated Schedule Changes: [Describe the procedure for client-initiated schedule changes and any associated fees.]

5. Fees and Payment

• Fee Structure:
  • Option A: Per-Service: [Dollar Amount] per service.
  • Option B: Hourly: [Dollar Amount] per hour.
  • Option C: Fixed Project Charge: [Dollar Amount] for the project.
• Montana Sales/Use Tax: [Specify if sales tax is included or excluded. If included, state the tax rate.]
• Billing Cycle: [Specify Billing Cycle, e.g., Monthly, Bi-weekly]
• Accepted Payment Methods: [List Accepted Payment Methods, e.g., Check, Credit Card, Electronic Transfer]
• Late Payment Fees: [Specify Late Payment Fee, e.g., 1.5% per month on overdue balances]
• Invoicing: Invoices will be provided [Specify Invoicing Method and Frequency, e.g., "electronically on the 1st of each month."]
• Additional Services/Supplies: Any additional services or supplies requested outside the scope of this Agreement will be itemized and charged separately at the rate of [Dollar Amount] per [Unit, e.g., hour, service].

6. Property Access and Liability

• Key/Fob Management: [Describe how keys/fobs will be managed.]
• Sign-In/Out Procedures: [Specify any sign-in/out procedures required.]
• Liability During Service Hours: The Provider is liable for damage caused by its negligence during service hours, up to the limits specified in Section 15.
• Montana Trespass and Unlawful Entry Provisions: Both parties will adhere to Montana trespass and unlawful entry laws.

7. Reporting Property Damage or Loss

• Inspection Before/After Service: [Specify if inspection is required before and/or after each service.]
• Immediate Notification Protocols: The Provider will immediately notify the Client of any property damage or loss discovered during service.
• Responsibility for Remediation and Insurance Claims: [Specify responsibility for remediation and insurance claims.]
• Limits of Liability: See Section 15 for limits of liability. Waiver of damages for pre-existing defects.

8. Insurance Requirements

• General Liability Minimum: [Dollar Amount] minimum general liability insurance.
• Worker's Compensation: The Provider maintains worker's compensation insurance as required by Montana Code Annotated Title 39.
• Additional Insured:
  • Option A: Client to be named as additional insured.
  • Option B: Not Required.

9. Confidentiality and Data Protection

• Prohibition on Disclosure: The Provider will not disclose any Client information to third parties.
• Protection of Access Codes: The Provider will protect access codes and sensitive materials encountered during work.
• Montana Data Privacy and Customer Protection Statutes: The Provider will comply with all applicable Montana data privacy and customer protection statutes.

10. Warranty/Guarantee

• Service Quality Guarantee: The Provider guarantees the quality of its services.
• Recleaning/Remedy Timeframe: If the Client is not satisfied with the service, the Provider will reclean the area within [Number] hours/days.
• Procedures for Client Inspection: [Specify the procedure for client inspection of services.]

11. Illegal Activity

The Provider will immediately report any suspected illegal activity observed on the Client's premises to the appropriate authorities, in accordance with Montana’s health and safety codes.

12. Complaints or Defects

• Complaint Procedure: Client must submit any complaints to [Contact Person] via [Contact Method, e.g., email, phone] within [Number] days of service.
• Remedy Timeframe: The Provider will remedy service failures within [Number] days of receiving a complaint.
• Documentation Required: [Specify any required documentation, e.g., photos, written description]

13. Force Majeure

Neither party shall be liable for delays or failures to perform due to causes beyond their reasonable control, including but not limited to severe Montana weather events, public emergencies, or government orders.

14. Contract Term and Termination

• Term: This Agreement shall commence on [Start Date] and shall continue:
  • Option A: Until [End Date].
  • Option B: Until further notice.
• Renewal/Extension: [Specify Renewal/Extension Policies, e.g., "Automatically renews for successive one-year terms unless either party provides written notice of termination 30 days prior to the renewal date."]
• Modification/Amendment: Any modification or amendment to this Agreement must be in writing and signed by both parties, compliant with Montana contract law.
• Termination:
  • Grounds: This Agreement may be terminated by either party for breach, non-payment, failure to provide access, persistent service deficiencies, or mutual consent.
  • Notice Period: [Number] days' written notice is required for termination.
  • Settlement of Obligations: Upon termination, all outstanding obligations shall be settled.
  • Final Inspection: [Specify procedures for final inspection.]
  • Return of Keys/Equipment: The Provider will return all keys and equipment to the Client upon termination.

15. Limitation of Liability

The Provider's liability for any damages arising out of this Agreement shall be limited to [Dollar Amount]. The provider is not responsible for any pre-existing defects on the property. The Provider is not liable for any indirect or consequential damages.

16. Non-Solicitation/Non-Hire

• Option A: The Client agrees not to solicit or hire any of the Provider's cleaning personnel during the term of this Agreement and for [Number] months after termination.
• Option B: Not Applicable.
• Limitations: Subject to limitations placed by Montana employment statutes.

17. Indemnification

The Provider agrees to indemnify and hold harmless the Client from and against any and all third-party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to the Provider's performance of the services under this Agreement, to the extent caused by the negligence or willful misconduct of the Provider or its personnel, consistent with Montana’s comparative negligence standards.

18. Compliance

The Provider will comply with all applicable OSHA, Montana labor laws, public health regulations, and environmental/chemical use regulations.

• MSDS/SDS Management: The Provider will maintain and manage Material Safety Data Sheets (MSDS/SDS) for all chemicals used.

19. Dispute Resolution

• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Montana, Montana Code Annotated.
• Venue: Any legal action arising out of or relating to this Agreement shall be brought in the county courts with jurisdiction in [County Name], Montana.
• Mediation/Arbitration: Prior to initiating any legal action, the parties agree to attempt to resolve any disputes through mediation/arbitration under Montana rules as first recourse.
• Waiver of Out-of-State Jurisdiction: Both parties voluntarily waive the right to out-of-state jurisdiction.

20. Independent Contractor Status

The Provider is an independent contractor and not an employee of the Client. The Client is not responsible for the Provider's taxes, insurance, or employment claims. The provider certifies their compliance with Montana contractor registration/certification.

21. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

22. Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

23. Notices

All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service to the addresses set forth in the introductory paragraph of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Cleaning Service Provider Name]

By: ____________________________
[Authorized Signature]

Title: [Title]

____________________________
[Client Name]

By: ____________________________
[Authorized Signature]