This Agreement, when accepted by BDGR Industries, a Texas limited liability company located at 21040 Highland Knolls Dr., Ste. 200, Katy, TX 77450 (hereinafter referred to as the “Company”), is made by and between the Company and an independent contractor accepting the terms and conditions of the form filled online.

“Badger Cleaning” is a brand name under which BDGR Industries, LLC operates its cleaning services division.

IN CONSIDERATION of their mutual understandings made herein, and for other good and valuable consideration, the parties hereby agree as follows:

1. Scope of Work

The Company engages the Contractor to furnish the work described in the document attached to this Agreement and incorporated herein by reference as Exhibit A. The Contractor agrees to furnish the work at the times scheduled and agreed upon at the amounts specified in their schedule. The schedule may be modified, from time to time, upon agreement of the parties.  If the Company requests modified or additional services, the Contractor shall provide the Company with an estimate of changes to the compensation payable and the impact upon the schedule for completion of the services, if any.  The Contractor shall proceed with such modified or additional services only upon receipt of written approval by the Company.

Specific tasks and duties:

• Residential Segment:
  1. Move-In and Move-Out Cleaning
  2. Post-Construction Clean-Up
  3. Deep Cleaning Services
  4. Seasonal Cleaning
  5. Apartment and Condo Cleaning
  6. Single Family Home Cleaning
  7. After Party/Event Cleaning
• Commercial Segment:
  1. Professional Cleaning and Janitorial Services
  2. Contract-Based and Booked Services
  3. Remodeling Clean-Ups for Offices
  4. Public and Government Office Cleaning

Work Hours and Scheduling: Scheduled by the end user within regular working hours.

Flexibility requirements: Cancellations must be made at least 24 hours before the scheduled service.

Equipment and Supplies:

For House Cleaning and Recurring Housekeeping Services:

Contractors are expected to bring their own equipment and supplies. BDGR Industries is not responsible for providing these supplies.

For Janitorial/Commercial Services:

BDGR Industries will provide necessary supplies and equipment. Reimbursement policies apply only to commercial services.

Conduct and Performance

Professional Conduct:

• Behavior and Demeanor:
  • Contractors must maintain a high level of professionalism at all times, demonstrating respect and courtesy to clients, their property, and other individuals encountered during the performance of their duties.
  • Contractors are expected to adhere to a code of conduct that includes punctuality, reliability, and a positive attitude.
• Personal Hygiene:
  • Contractors must maintain impeccable personal hygiene to ensure a pleasant experience for clients. This includes but is not limited to clean clothing, and overall grooming.
• Dress Code:
  • Contractors will wear clothing provided by BDGR Industries while visiting clients. This ensures a uniform and professional appearance.
  • Contractors must keep their uniforms clean and in good condition. If uniforms become damaged or worn out, contractors are responsible for requesting replacements from BDGR Industries.
  • Contractors will use car magnets provided by BDGR Industries to identify their vehicles at job locations. This enhances security and professionalism, ensuring clients can easily identify the service provider.

Performance Standards:

• Quality of Work:
  • Contractors are expected to exceed customer expectations in every job. This involves thoroughness, attention to detail, and the use of proper techniques to achieve the highest standard of cleanliness.
  • Contractors must be proactive in identifying areas that require special attention and take the initiative to address these areas without being asked by the client.
• Customer Service:
  • Excellent customer service is paramount. Contractors should be courteous, approachable, and responsive to client needs and feedback.
  • Contractors should actively listen to client requests and concerns and strive to provide personalized and satisfactory solutions.
• Accountability:
  • Contractors must be accountable for their work. This includes completing tasks as specified, adhering to schedules, and communicating any issues or delays promptly to both the client and BDGR Industries.
  • Contractors should keep records of their work and report any significant findings or incidents to BDGR Industries immediately.

• Performance Reviews:
  • BDGR Industries will conduct regular performance reviews to ensure that contractors meet the expected standards. These reviews will consider client feedback, quality of work, punctuality, and overall professionalism.
• Contract Renewal:
  • Contractors who fail to meet the established standards may not receive further contracts from BDGR Industries. This decision will be based on performance reviews and any reported incidents of poor conduct or substandard work.
• Remedial Actions:
  • In cases where performance issues are identified, contractors may be given the opportunity to address and rectify the issues. BDGR Industries may provide additional training or guidance as necessary.
  • If a contractor continues to fail to meet the required standards, BDGR Industries reserves the right to terminate the contract immediately.
• Immediate Termination:
  • For serious breaches of conduct, such as theft, damage to client property, or gross misconduct, BDGR Industries may terminate the contract immediately without prior notice.

By maintaining these standards, BDGR Industries ensures a high level of service quality and customer satisfaction, while fostering a professional and respectful work environment for its contractors.

2. Price and Payment

The agreement between the Company and the Contractor specifies that the Contractor will be paid according to the price and payment terms mentioned in the quote or estimate. The Contractor agrees to accept the mentioned amount as full payment for the work and agrees to sign any waivers of lien, affidavits, and receipts that the Company may request to acknowledge the payment. The Contractor confirms that their federal employer tax identification number, or social security number in the case of an individual, is accurately mentioned in the Schedule attached to this Agreement.

3. Independent Contractor Relationship

The following is a statement clarifying that the Contractor is an independent contractor and not an employee, servant, agent, partner or joint venturer of the Company. Although the Company will determine the work to be done by the Contractor, the Contractor will determine the legal means by which they accomplish the work specified by the Company. The Company will not withhold or be responsible for withholding taxes of any kind from any payments it owes to the Contractor. Furthermore, neither the Contractor nor its employees will be entitled to receive any benefits that employees of the Company are entitled to receive and shall not be entitled to workers’ compensation or unemployment compensation.

6. Insurance

The Contractor shall furnish the Company with current certificates of coverage of the Contractor, and proof of payment by the Contractor, for workers’ compensation insurance, general liability insurance, motor vehicle insurance and such other insurance as the Company may require from time to time.  The Contractor shall maintain all such insurance coverage and shall furnish the Company with certificates of renewal coverage and proofs of premium payments.  If the Contractor fails to pay a premium for insurance required by this paragraph before it becomes due, the Company may pay the premium and deduct the amount paid from any payments due the Contractor and recover the balance from the Contractor directly.

7. Risk

The Contractor shall perform the work at its own risk.  The Contractor assumes all responsibility for the condition of tools, equipment, and materials, and the job site.  The Company will not reimburse the Contractor for any expenses incurred by the Contractor as a result of services rendered under this Agreement, including, but not limited to, car-related expenses, telephone expenses, costs of cleaning supplies, and equipment.

8. Indemnity and Warranty

The Contractor shall at all times comply with all applicable laws, statutes, ordinances, rules, regulations, and other governmental requirements.  The Contractor shall indemnify and hold the Company, its directors and officers, and its agents and employees, harmless from any and all claims, causes of action, losses, damage, liabilities, costs and expenses, including attorney fees, arising from the death of or injury to any person, from damage to or destruction of property, or from breach of the warranties in this Section, arising from the provision of services by Contractor, its agents or employees.

9. Assignment

The Company may assign any or all of its rights and duties under this Agreement at any time and from time to time without the consent of the Contractor.  The Contractor may not assign any of its rights or duties under this Assignment without the prior written consent of the Company.

10. Term and Termination

Time is of the essence in the provision of services under this Agreement.  This Agreement is effective as of the date signed by both parties. Both parties acknowledge that additional services may be requested under the agreement. The agreement shall terminate upon the Contractor’s completion of the services agreed to in accordance with the document attached to this Agreement unless terminated in accordance with the provisions set forth in this Section.  Notwithstanding anything herein to the contrary, the Company reserves the right to terminate this Agreement at any time upon delivery of written notice of termination, and the Contractor shall be compensated for all services provided prior to such termination.  The Company may terminate this Agreement immediately, however, should the Contractor fail to perform any of its obligations hereunder, including without limitation completion of the services provided for herein in a timely manner.  The Contractor acknowledges and agrees that its obligations, as well as any obligation to protect confidential information or trade secrets of the Company and assign intellectual property rights to the Company, shall survive the termination or expiration of this Agreement.

11. Non-Compete Agreement
12. While this agreement is in effect, the Contractor shall not be allowed to be hired independently (directly paid) or work with the homeowner unless the Contractor pays an exit fee.
13. After the Contractor has ended the provision of services to the Company the Contractor agrees to not provide services for any homeowner provided by the Company without written permission of the Company. The Contractor agrees that they will not provide services for a period of one year after termination of services.
14. The Contractor may alternatively pay an Exit Fee to the Company only after six months of service has been provided to the Company if the Contractor wants to work directly for the homeowner. The Company shall have no further obligation to the Contractor including scheduling, obtaining work, or any other act performed in the relationship between Company and Contractor.
15. Liquidated Damages. Should the Contractor fail to pay the exit fee and continue to provide services directly to any homeowner obtained through the Company then the Contractor agrees to be liable for the sum $10,000 plus reasonable attorney’s fees and costs of collection.  The amount of liquidated damages are agreed due to the difficulty of determining the exact amount of monetary damages.

 

12. Settlement by Arbitration

 Any claim or controversy that arises from or is related to this agreement shall be determined through Arbitration. The arbitration shall be based upon the Rules of The American Arbitration Association.

13. Severability

If for any reason, any provision of this agreement is held invalid, all other provisions of this agreement shall remain in effect.  If this agreement is held invalid or cannot be enforced, then to the full extent permitted by law any prior agreement between Company (or any predecessor thereof) and the Contractor shall be deemed reinstated as if this agreement had not been executed.

14. Effect of Prior Agreement

This agreement supersedes any prior agreement between the Company or any predecessor of the Company and the Contractor, except that this agreement shall not affect or operate to reduce any benefit or compensation inuring the Contractor of a kind elsewhere provided and not expressly provided in this agreement.

15. Limited Effect of Waiver by Company

Should the Company waive a breach of any provision of this agreement by the Contractor that waiver will not operate or be construed as a waiver of a further breach by the Contractor.

16. Assumption of Agreement by Company’s Successors and Assignees 

The Company’s rights and obligations under this agreement will inure to the benefit and be binding upon the Company’s successors and assigners.

17. Oral Agreements are Not Binding

This instrument is the entire agreement of the Company and the Contractor.  Oral changes have no effect.  It may be altered only by a written agreement signed by the party against whom enforcement of any waiver, change, modification, extension, or discharge is sought.

18. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the State of Texas.

19. Confidentiality

The Contractor acknowledges and agrees (a) that all intellectual property and any other plans, specifications, designs, and other documents and materials created pursuant to this Agreement or related to the services to be provided hereunder and any information, work in progress, trade secrets or other secret or confidential matter related to the business or projects of the Company constitute confidential information (“Confidential Information”), and (b) that the Contractor shall not use, copy or disclose to any person, firm or corporation any such Confidential Information, unless such use, copying or disclosure is necessary to accomplish the Contractor’s duties hereunder and has been authorized in writing by the Company. 

20. Entire Agreement

This Agreement represents the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, promises, negotiations, or representations, whether oral or written, not expressly set forth in this Agreement are of no force and effect. This Agreement may be modified only by a writing signed by both parties.

By checking the box in the form, you acknowledge and agree to be bound by the terms and conditions set forth in this agreement. This acceptance is effective as of the date displayed on the form. Your electronic confirmation signifies that you have read, understood, and agree to the entirety of this agreement.