Terms & Conditions

This Housekeeping Agreement is made effective as of __________________ by and between _(name)___________________________________________ (“Homeowner”) of (address)_______________________________, and Brittani Enterprise, LLC dba Maid for Muddy Paws (“Company”) of 18535 FM 1488 Suite 230 PMB 157, Magnolia, Texas 77354.

JOB DESCRIPTION. Beginning on _____________________, Company will provide Housekeeping services which include the following:(collectively, the “Services”):

• Pick up-tidy up, make beds, put away dishes etc.
• High Dust-eye level and above (includes up to 12 feet with our extender duster)
• Low Dust-eye level and below including baseboards
• Wipe-wipe all surfaces
• Floors-vacuum and mop all floors

All housekeeping duties shall be performed without disturbing Homeowner, guests, or other persons or individuals occupying the premises.

INSPECTION OF WORK. Homeowner retains a general power of inspection of results for the purpose of determining that the contracted work is completed according to the terms and conditions agreed between the parties. This general power includes the right to inspect, the right to stop the work, the right to make suggestions or recommendations as to the details of the work and the right to prescribe alterations or deviations in the work.

PAYMENT. Payment shall be made to Maid for Muddy Paws, Magnolia, Texas 77354. Homeowner agrees to pay in initial payment of $__________________ plus applicable sales tax for the first time deep clean. The Homeowner agrees to pay for services once a month at $____________________plus applicable sales tax.

In addition to any other right or remedy provided by law, if Homeowner fails to pay for the Services when due, Company has the option to treat such failure to pay as a material breach of this Agreement, and may cancel this Agreement and/or seek legal remedies.

TERM. This Agreement will continue until terminated by either party in writing.

HOURS OF WORK.  Both parties shall agree upon a set work schedule.

HIRING, SUPERVISING, AND PAYING ASSISTANTS. Company may employ and direct such personnel as they require to perform the contracted work as herein indicated and shall secure any or all permits that may be required in order to perform the work herein contemplated. Company shall exercise full and complete authority over any hired personnel, shall comply with all Worker’s Compensation, employer’s liability and other federal, state and municipal laws, ordinances, rules, and regulations required of an employer performing services as herein contemplated and shall make all reports and remit all withholding or other deductions from the compensation paid their personnel as may be required by any federal, state, county, or municipal laws, ordinances, rules, or regulations.

FURNISHING OF EQUIPMENT. Company shall provide for their own equipment and materials necessary for performance of this Agreement. Company may use any equipment and materials from Homeowner with the consent of Homeowner.

NON-SOLICITATION OF EMPLOYEES/CONTRACTORS AND OTHERS; RESTRICTIVE COVENANTS: During the term of this Agreement and for a period of three  (3) years after the terminations, expiration or nonrenewal thereof, Contractor nor any MFMP, corporation, partnership, sole proprietorship, individual or entity owned, operated, managed, directed, affiliated or otherwise controlled partially, fully, directly or indirectly by Contractor (the “soliciting Party”) will, either directly or indirectly through another person or entity: (A) induce or attempt to induce any employee or Contractor to MFMP to leave the employ of, or service to, MFMP.  (B) solicit for hire or hire any person who is or was an employee of, or Contractor to, MFMP until six  (6) months after such individual’s employment or service relationship with MFMP has been terminated;  (C) solicit, induce or attempt to solicit or induce any active or current customer of MFMP to cease or reduce doing business with MFMP, or in any way interfere or attempt to interfere with the relationship between any such customer, client or business associate of MFMP.  

INSURANCE. Company, at its own cost and expense, shall procure and maintain throughout the term of this agreement a workers’ compensation insurance policy for the protection of its employees engaged in work under this Agreement.

CONFIDENTIALITY. Company, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of Company, or divulge, disclose, or communicate in any manner, any information that is proprietary to Homeowner. Company and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of this Agreement.

Upon termination of this Agreement, Company will return to Homeowner all records, notes, documentation and other items that were used, created, or controlled by Company during the term of this Agreement.

WARRANTY. Company shall provide its services and meet its obligations under this Agreement in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in Company’s community and region, and will provide a standard of care equal to, or superior to, care used by Company similar to Company on similar projects.

DEFAULT. 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 subjection of any of either party’s property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.

C. The failure to make available or deliver the Services in the time and manner provided for in this Agreement.

REMEDIES. In addition to any and all other rights a party may have available according to law, 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 other party may terminate the Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 10 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.

FORCE MAJEURE. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either 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. 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, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages. 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 ceased. 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.

ARBITRATION. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.  The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Agreement. This Agreement supersedes any prior written or oral agreements between the parties.

SEVERABILITY. If any provision of this Agreement will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court 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 will be deemed to be written, construed, and enforced as so limited.

AMENDMENT. This Agreement may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.

GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the State of Texas.

NOTICE. Any notice or communication required or permitted under this Agreement shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

WAIVER OF CONTRACTUAL RIGHT. 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.

SIGNATORIES. This Agreement shall be signed on behalf of Homeowner by (name)_________________ and on behalf of Company by Brittani Murray, Member and effective as of the date first above written.