1. Authority. The person authorizing the Work represents and warrants that he/she is authorized to enter into this Contract as, or on behalf of, the Owner.

2. Work. Contractor shall perform the Work in a workmanlike manner. Contractor, without Owner’s further approval, may substitute materials with different materials that are not of a lesser quality and are otherwise substantially identical to those set forth in the Contract. The Work may be performed by Contractor’s employees or subcontractors.

3. Change Order. Any changes in the scope of the Work or modification to this Contract shall be made by "Change Order" signed by the Parties, which shall become part of this Contract. In the event that the cost of a change is not known at the time a Change Order is executed, Contractor shall estimate the cost and Owner shall pay the actual cost.

A. Change orders are common when bids are given for spaces that aren't fully accessible to the estimator at the time the bid was submitted. ie. Flooring under carpet, glue, tile, etc.

B. Newly poured concrete needs to have a dissipating curing agent applied, else there may be added costs to remove the non-dissipating cure & seal coating.

C. Control & expansion joints are NOT included in your quote unless specifically stated as such. These are usually a separate line item and if you'd like for us to do these, please let us know before we bid you or there will need to be a change order issued for this work once we begin.

4. Unavailability. Contractor shall have the exclusive use of the Work Area and areas adjacent to the Work Area all of which may be unavailable to Owner during the Work. The adjacent area must be no less than 50 square feet for us to use as a staging area.

5. Commencement. Contractor shall commence the Work on the Start Date and complete the Work approximately with the Estimated Project Duration subject to the other terms of this Contract.

6. Acceptance. Owner shall sign a Certificate of Acceptance upon Substantial Completion of the Work. “Substantial Completion” shall mean completion of the Work in accordance with this Contract.

7. Limited Warranty. Contractor shall warrant the Work to be free from defects for three hundred and sixty five (365) days after Substantial Completion.

A. CONTRACTOR DOES NOT WARRANT ANY PROBLEMS WITH, OR FAILURE OF, THE APPLIED MATERIAL THAT ARE CAUSED BY THE MATERIAL UNDERLYING THE APPLIED MATERIALS INCLUDING, BUT NOT LIMITED TO, PROBLEMS OR FAILURES CAUSED BY:

A1. Shifting, moving, or settling soils and/or foundations.

A2. The porosity of the underlying concrete that causes bubbling of epoxy coatings.

A3. The failure of underlying concrete.

A4. Moisture in the concrete (different from the moisture when a vapor test was performed [if applicable]) due to wetter conditions, underground water migrating water, or spills or leaks of liquids.

A5. Oil on underlying concrete surfaces that cannot be removed by normal grinding prior to the application of epoxy coatings that were identified by the Contractor prior to commencing the Work.

B. The following is NOT warrantied:

B1. Crack, hole, and joint filling. Aka patching. These areas are often damaged because they are focal points for the release of energy by powerful tensile, compressive, sheer, & hydrostatic forces. Any filling work performed must be considered cosmetic only.

B2. Exterior staining and/or sealing done over a job with existing stain, sealer, or coating. These previously applied coatings may fail over time, taking our coating with it. Furthermore, our materials may not properly bond to them.

B3. Cracks that develop, become larger, or more visible due to our grinding process. Owner will not hold Contractor accountable for the lack of integrity of their concrete.

C. We The Contractor are a decorative concrete company and Owner acknowledges the work performed is of an artistic nature. Owner satisfaction with the visual and/or textural final product is NOT guaranteed or warrantied. Please pick your colors, products, and services carefully because Contractor will not re do your project with a new color or design without an accompanying change order bill. Owner acknowledges:

C1. Under varying conditions in Owners space the colors selected will appear different, at times drastically so. This is due to the differences in your spaces lighting which could vary by the time of day, in pre or post construction environments, and by different types of light. (Keep this in mind when selecting your color and looking at mock ups) Differences also arise due to variations in your concrete, including, but not limited to, possible contaminants which may not be readily visible before dye application, variations in concrete batches and or conditions present when concrete cured, as well as any patching done by either our company or another.

C2. Contractor may not be able to replicate Owners desired pattern, design, or vision in the application of our stains, dyes, and epoxies. Color application is an artistic endeavor that comes with no assurances. Owners dissatisfaction with the look, style, feel, design, of the final product does not constitute an error on the Contractors part and Contractor will not be held liable in any way. Removal of dyes and/or coatings is an expense the Owner will fully bear in the event Owner doesn't like the look of their floor.

C3. Imperfections will be present in the finished product of all our floor types. Dye sometimes drips from the sprayer forming small drops sporadically. Epoxy and polyaspartic jobs often have bubbles here and there. Sometimes averaging approximating one per every 25 square feet. Occasional scratches from our grinding process becomes visible after dye application. Fixing many of these issues without making them worse often requires complete removal/demolition of the coating. Owner shall not hold the Contractor liable for these.

8. Safety. Contractor will install your floor to applicable OSHA safety standards. OWNER IS RESPONSIBLE FOR MAINTAINING THE SAFETY OF THE FLOOR including, but not limited to, the following:

A. Keeping the floor free of oils, water, chemicals, or other potentially hazardous fluids or debris that may cause a hazardous condition.

B. Preventing the buildup of ice on the surface.

C. Providing proper signage and hand railing in potentially hazardous areas.

9. Limitation of Liability, Disclaimer of Warranties and Limitation of Damages. CONTRACTOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, EXCEPT AS SET FORTH IN THIS CONTRACT. CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES OF THE WORK. CONTRACTOR SHALL NOT BE LIABLE FOR ANY LOSS ARISING FROM THE WORK EXCEPT LOSSES ARISING OUT OF THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF CONTRACTOR. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT LOSS OR DAMAGE INCURRED OR SUFFERED BY OWNER DUE TO THE WORK, WHETHER OR NOT THE LIKELIHOOD OF SUCH DAMAGES WAS KNOWN OR CONTEMPLATED AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY ASSERTED.

10. Force Majeure. Contractor shall not be liable for any delay in performance due to Force Majeure, including but not limited to, fire, explosion, vandalism, weather, casualty, illness, injury, unavailability of labor, unavailability of materials, riots, wars, strikes, lock-outs, labor disputes, supplier failures, accidents, mechanical failures, terrorist acts, divine acts, or other similar delays. If timely completion of any duty of Contractor is prevented by a cause of Force Majeure, or any act of the Owner, then such delay shall not constitute a default by Contractor. If there is such a delay, additional time consistent with such delay shall be deemed granted. No event of Force Majeure shall excuse payment by Owner of any obligations under this Contract.

11. Default. The following shall constitute a material default of this Contract:

A. The failure of Owner to make a required payment to Contractor when due.

B. The insolvency, voluntary or involuntary bankruptcy or reorganization under any section of the Bankruptcy Code, or an assignment for the benefit of creditors by either Party.

C. The failure of Contractor to perform the Work in the time and manner provided in this Contract.

D. Any material breach of a term herein.

12. Contractor Remedies. Upon default by Owner:

A. Interest will be added to, and payable on, all overdue amounts owed to Contractor at the rate of 1-½ percent per month.

B. Owner shall pay Contractor all costs of collection, even if suit or arbitration is not filed, including, but not limited to, reasonable attorney fees.

C. At Contractor’s option, Contractor may: i) cancel this Contract and Owner shall pay Contractor in accordance with the termination provisions in the Proposal; or, ii) stop progress on the Work until such time as all payments then due, including consequential damages, interest, and collection costs are made by Owner to Contractor.

13. Disputes. In the event of any dispute regarding this Contract, the Parties shall proceed in accordance with the following:

A. Negotiations. The Parties shall first attempt, in good faith, to resolve any dispute through negotiations. If the dispute is not resolved by negotiations within 30-days after the first written notice of the dispute, the dispute will be submitted to the Judicial Arbitration and Mediation Services (“JAMS”), or other acceptable mediator, for mediation in accordance with the mediation rules of JAMS.

B. Arbitration. If the dispute is not resolved as set forth above, it will be submitted for mandatory arbitration to JAMS or another mutually agreeable arbitrator, in accordance with Streamlined Arbitration Rules of JAMS. Additionally the Parties adopt and agree that any award in Arbitration shall be subject to the Optional Appeal Procedure of JAMS. Each Party waives any rights that it might have to litigate those matters to a court or jury. All costs of arbitration shall be shared equally between the Parties. Under no circumstances will an arbitration award include any incidental, indirect, special, or consequential damages of any kind. ALL PARTIES WAIVE ANY RIGHT TO A TRIAL BY JURY.

C. Mechanics Lien. Notwithstanding the aforesaid, Contractor may give notice and record a mechanics lien for all sums due encumbering the Property in accordance with the laws of the state in which the property is located. Additionally, Contractor may file for foreclosure on the lien which action shall be stayed until the conclusion of the arbitration to determine the amount owed. The Award in arbitration shall be filed with the Court in which the foreclosure preceding is pending as conclusive proof of the amount owed and foreclosure shall thereafter proceed as a judicial action.

14. Miscellaneous.

A. Entire Agreement. This Contract constitutes the entire transaction between the Parties. All prior, understandings, and representations made in connection with this Contract are superseded by this Contract.

B. Negotiated. The Parties have independently, separately, and freely negotiated each and every provision of this Contract as if all Parties drafted this Contract and waive any statutory or common law presumption that would serve to have this document construed in favor of, or against, either Party.

C. Colorado Law. This Contract will be interpreted and construed according to the laws of the State of Colorado. Colorado shall be the exclusive state with jurisdiction over any matters related to this Contract.

D. No Waiver. A waiver of any term or provision shall neither be construed as a waiver of any other term or provision, nor construed as a later waiver of the same term based on new facts.

E. Binding Effect. This Contract shall be binding upon and inure to the benefit of the Parties, their personal representatives, heirs, successors, and assigns.

F. Savings Clause and Severability. If any term, portion, or section of this Contract is found to be unenforceable or illegal for any reason, then such part shall be deemed modified to the extent possible to make it enforceable. In the event that such part cannot be modified and is found to be invalid or void for any reason, the remaining terms and conditions of this Contract shall be in full force and effect and binding as if the invalid or void part was not a part of this Contract.

15. Survival. The rights and obligations of the Parties that generally continue following termination of this Contract or completion of the Work, including, but not limited to, those sections in this Contract regarding payments, default, and dispute resolution, shall survive termination of this Contract.

16. Unsigned contract is valid for 30 days unless Owner is a general contractor in which case quote is valid for 120 days.