Terms and Conditions
360 Painting of Dayton
Residential Terms & Conditions
Effective Date: June 20, 2026
Version 1.0
Service Agreement
This Service Agreement, together with all Work Orders, Change Orders, Appendices, Attachments, and other documents incorporated herein by reference (collectively, the “Agreement”), memorializes the agreement between GALEFORCE LLC, dba 360 Painting of Dayton, an Ohio limited liability company, and its successors and assigns (hereinafter “Contractor” or “360”), and the signing party (hereinafter “Client”). Contractor and Client may each be referred to individually as a “Party” and collectively as the “Parties.”
Term of Agreement
The terms and conditions of this Agreement shall commence on the Effective Date and continue until completion of the Services and payment in full of all amounts due. All provisions intended to survive completion or termination of the Agreement shall remain in effect thereafter.
Scope of Services
Services to be performed under this Agreement shall be described in the applicable Work Order(s), Change Order(s), or other written documents executed by the Parties and incorporated herein by reference.
Each Work Order shall describe the Services to be performed and shall be governed by the terms of this Agreement unless expressly stated otherwise. Any modification to the scope of work shall require a written Change Order approved by both Parties prior to commencement of the additional work.
Client acknowledges that certain colors, color changes, substrates, specialty finishes, and coverage requirements may require additional preparation, materials, or coats beyond those specified in the applicable Work Order. If additional work beyond the agreed scope is necessary to achieve the Client’s desired result, Contractor shall notify Client and obtain written approval through a Change Order prior to performing such work.
Quality Standards & Materials
All Services shall be performed in a professional and workmanlike manner consistent with generally accepted industry standards, including applicable standards established by the Painting Contractors Association (PCA).
Variations in texture, sheen, touch-up appearance, repaired surfaces, lighting conditions, and viewing angles are normal characteristics of painted surfaces and shall not be considered defects when work has been performed in accordance with accepted industry standards.
Contractor cannot guarantee an exact match of existing colors, textures, finishes, caulking, stains, aged coatings, weathered materials, or previously applied products. Reasonable commercial matching efforts will be made.
Contractor assumes no responsibility for the performance, coverage, durability, compatibility, or warranty of customer-supplied paints, stains, coatings, caulks, primers, or other materials.
Contractor may substitute comparable professional-grade products when specified materials are unavailable, discontinued, or subject to unreasonable delay.
Client Responsibilities
Colors and product selections must be submitted at least five (5) business days before the scheduled start date unless otherwise agreed in writing.
Color selections are the sole responsibility of Client. Contractor is not responsible for dissatisfaction with color, sheen, tone, undertone, lighting effects, or appearance after application when the applied product matches the color designation approved by Client.
Paint chips, samples, renderings, and photographs are representations only and may differ from the final appearance once applied.
Interior Preparation. Furniture shall be moved at least three (3) feet from work areas. Closets, cabinets, pantries, and similar spaces included within the scope of work shall be emptied by Client. Wall décor, artwork, mirrors, shelving, televisions, electronics, fragile items, and personal belongings shall be removed from work areas prior to commencement.
Exterior Preparation. Client shall remove or protect vehicles, outdoor furniture, grills, decorations, and other obstructions that may interfere with the Services. Shrubs, trees, vines, and landscaping shall be trimmed back sufficiently to permit safe access to surfaces scheduled for painting.
Driveways, walkways, gates, entryways, and work areas shall remain accessible during the project. Contractor shall not be responsible for delays caused by inaccessible work areas.
Client shall ensure that children and pets remain safely away from active work areas.
Client shall disable alarms and provide any required access information necessary to perform the Services.
Doors, windows, garage doors, shutters, and similar components painted by Contractor may be required to remain open, unlocked, or undisturbed for a period of time to allow proper curing.
If nail holes are to be repaired, nails, hooks, anchors, and wall-mounted accessories must be removed prior to commencement. Items left in place shall indicate the Client's intent to reinstall and may not be patched.
Client shall ensure the work area is free from interference by other contractors or trades. Delays, rescheduling, or additional visits resulting from interference may result in additional charges.
Client shall participate in a final walkthrough upon substantial completion or within five (5) business days of completion notice. Any concerns identified shall be documented on a punch list and addressed by Contractor. Items not identified during the walkthrough shall be deemed accepted, excluding latent defects not reasonably observable during inspection.
Existing Conditions
Contractor will perform preparation procedures consistent with the scope of work and accepted industry standards. Contractor is not responsible for hidden defects, pre-existing paint failure, peeling layers beneath existing coatings, moisture intrusion, water damage, wood rot, structural movement, settlement cracking, previous improper repairs, manufacturing defects, or other conditions not readily visible during the estimating process.
Contractor cannot guarantee the performance, adhesion, or longevity of coatings applied over previously painted, stained, weathered, deteriorated, improperly prepared, or otherwise compromised surfaces.
Discovery of concealed damage, rot, moisture intrusion, substrate failure, insect damage, deteriorated building materials, or other unforeseen conditions may require repairs beyond the original scope of Services. Such repairs are not included in the Work Order and may require a Change Order, additional charges, and schedule adjustments.
Damage Waiver
Contractor shall perform the Services with reasonable care and professionalism. Contractor shall not be responsible for damage arising from pre-existing conditions, concealed defects, deteriorated materials, hidden plumbing, electrical, structural, mechanical, or other conditions beyond Contractor’s reasonable control. Contractor shall promptly notify Client upon discovery of any such condition.
Timelines & Completion
Any projected start date, completion date, or duration provided by Contractor is an estimate unless expressly stated otherwise in writing. Completion dates are based upon normal working hours and conditions and are subject to change due to factors beyond Contractor’s reasonable control.
Client shall conduct any final inspection within five (5) business days following notice of completion.
Delays
Contractor shall not be responsible for delays caused by weather conditions, material shortages, manufacturer delays, labor shortages, utility interruptions, concealed conditions, acts of God, governmental actions, changes in scope, or other circumstances beyond Contractor’s reasonable control.
Contractor shall have reasonable access to the property during normal business hours. Exterior work schedules may be adjusted due to weather, temperature, humidity, precipitation, or other environmental conditions affecting proper product application.
Such delays shall not constitute a breach of this Agreement and may result in extensions of the project schedule.
Acceptance of Work
Use and occupancy of the painted area, placement of furniture, reinstallation of fixtures, completion of the final walkthrough, or failure to identify deficiencies within five (5) business days following completion notice shall constitute acceptance of the Services, subject only to valid warranty claims and latent defects not reasonably observable at the time of completion.
Payment Terms
Payment is due upon substantial completion of the Services unless otherwise agreed in writing. For purposes of this Agreement, "Substantial Completion" shall mean the stage at which the Services are sufficiently complete for the Client to use and enjoy the intended purpose of the work, notwithstanding minor punch-list items that do not materially affect such use.
Any balance unpaid after ten (10) calendar days shall accrue interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by applicable law, whichever is less.
Returned checks shall incur a $30 processing fee.
Client agrees to provide Contractor written notice of any billing dispute and a reasonable opportunity to resolve the matter prior to initiating a credit card dispute, chargeback, payment reversal, or similar action.
Reversed payments, disputed charges, or chargebacks may result in collection actions or legal proceedings.
Non-Payment & Mechanic’s Lien Rights
If payment is not received within fifteen (15) days following the due date, Contractor reserves all rights available under Ohio law, including the right to file a mechanic’s lien against the property for unpaid amounts.
Contractor reserves all rights and remedies available under applicable law to recover unpaid amounts.
Opportunity to Cure
Client agrees to promptly notify Contractor in writing of any concerns regarding workmanship, materials, scheduling, performance, or completion and shall provide Contractor a reasonable opportunity to inspect and address such concerns before retaining another contractor, performing corrective work, initiating a chargeback, or pursuing legal remedies.
Failure to provide Contractor a reasonable opportunity to cure may relieve Contractor of responsibility for the disputed condition.
Limited Warranty
All warranty coverage, exclusions, and limitations are described in the Limited Warranty Addendum, which is incorporated herein by reference at https://360paintingdayton.com/residential-limited-workmanship-warranty.
Insurance
Contractor maintains commercial general liability insurance and workers’ compensation insurance as required by law. Certificates of insurance shall be provided upon reasonable request.
Marketing Release
Unless Client provides written notice to the contrary, Client grants Contractor the perpetual, worldwide right to photograph the project before, during, and after completion and to use such photographs for marketing, advertising, training, portfolio, promotional, insurance, and documentation purposes in any medium now known or later developed.
No personally identifying information shall be disclosed without Client’s consent.
Client authorizes Contractor to place a temporary yard sign at the property during the project unless otherwise agreed in writing.
Confidentiality
Contractor shall treat personal information, household details, security information, access codes, alarm information, and other non-public information obtained during the project as confidential and shall not disclose such information except as required by law or as reasonably necessary to perform the Services.
This obligation shall survive completion or termination of this Agreement.
Termination
Either Party may terminate this Agreement for a material breach if such breach remains uncured for seven (7) calendar days following written notice.
Upon termination of this Agreement for any reason, Client shall pay for all Services performed, materials purchased, special-order items, restocking fees, and other costs incurred by Contractor up to the date of termination.
Limitation of Liability
To the fullest extent permitted by law, Contractor’s total liability arising from or relating to this Agreement shall not exceed the amount actually paid by Client under the applicable Work Order.
In no event shall Contractor be liable for incidental, consequential, indirect, special, punitive, or exemplary damages, including loss of use, loss of enjoyment, diminution in value, lost profits, or similar damages.
Governing Law & Dispute Resolution
Any legal action arising out of or relating to this Agreement shall be brought exclusively in the state courts located in Montgomery County, Ohio, except where applicable law requires otherwise.
Right to Cancel
If this Agreement is subject to Ohio’s Home Solicitation Sales Act or other applicable cancellation laws, Client may cancel this transaction without penalty within three (3) business days following execution of the Agreement.
Notice of cancellation may be delivered personally, by mail, or electronically to:
360 Painting of Dayton
4050 Benfield Dr., Suite 1A
Kettering, Ohio 45429
Phone: (937) 230-6673
Email: dayton@360painting.com
If mailed, notice shall be deemed timely if postmarked before midnight of the third business day following execution.
Miscellaneous
This Agreement constitutes the entire agreement between the Parties and supersedes all prior oral or written agreements concerning the Services.
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.
The Terms & Conditions in effect on the Effective Date of this Agreement are incorporated herein by reference and are available at https://360paintingdayton.com/residential-terms-and-conditions. In the event of any conflict between subsequently published revisions and the version in effect on the Effective Date, the version in effect on the Effective Date shall control.
By approving the project electronically, Client acknowledges that they have reviewed and accepted these Terms & Conditions and any documents incorporated herein by reference.
Electronic signatures shall be deemed originals and shall be fully enforceable.
This Agreement may be executed in counterparts, each of which shall be deemed an original.
