AGREEMENT TERMS AND CONDITIONS

K-Pro Painting, LLC ("K-Pro Painting")

These Terms and Conditions, together with the accepted Estimate and any signed Change Orders, form the Agreement between K-Pro Painting, LLC and the Customer named in the Estimate. Please read them carefully. They explain what is included in the work, how the project is scheduled and completed, when payment is due, and how concerns are resolved.

SECTION 1. DISCLOSURES

1.1 Nevada Residential Recovery Fund

NRS 624.520: Payment may be available from the Recovery Fund if you are damaged financially by a project performed on your residence pursuant to a contract, including construction, remodeling, repair or other improvements, and the damage resulted from certain specified violations of Nevada law by a contractor licensed in this State. To obtain information relating to the Recovery Fund and filing a claim for recovery from the Recovery Fund, you may contact the State Contractors' Board.

1.2 Licensed Contractor Information Nevada License Nevada State Contractor Licence: C4a: 0088652 & B2: 0091680; Bid Limit: $245,000.00

1.3 Right of Rescission and Cancellation

Customer may have the right to cancel this Agreement within three (3) business days of accepting the Estimate, or a longer period if required by state or federal law. If a longer rescission period applies, Customer is entitled to the maximum cancellation period allowed. Nevada: Customer may cancel within three (3) business days of accepting the Estimate by providing written notice by email. To cancel, Customer must send written notice within the applicable timeframe by email to kevin@kpropainting.com with the subject line "Cancellation." The email must include:

1.   Customer's name;

2.   Project address; and

3.   A short description of the reason for cancellation (for company records).

Once received, K-Pro Painting, LLC will confirm the cancellation in writing.

1.4 Mechanic's Lien Rights

Customer acknowledges that K-Pro Painting, LLC, as a licensed contractor improving Customer's property, has the right to record a mechanic's lien against the property for unpaid amounts due under this Agreement, as provided by Nevada Revised Statutes Chapter 108 or the applicable law of the state where the work is performed.

SECTION 2. DEFINITIONS

The following terms have these meanings throughout this Agreement:

"Agreement" means these Terms and Conditions, the accepted Estimate, and any signed Change Orders. 

"Estimate" means the written estimate accepted by Customer that describes the scope of work and contract price.

"Change Order" means a written document, signed or approved in writing by Customer and an Authorized Representative, that adds to, removes from, or changes the scope of work or price.

"Authorized Representative" means the owner, or an officer of K-Pro Painting, LLC (Kevin Canales or Iram Canales), or a territory manager or crew lead designated by K-Pro Painting, LLC to act on its behalf for the project.

"Completion" means the point at which the contracted scope of work has been performed in accordance with the Paint Application Standard, as determined by K-Pro Painting, LLC under Section 9.

"Completion Notice" means K-Pro Painting, LLC' notice to Customer, given verbally, by text, or by email, that Completion has occurred. The date of the Completion Notice is the "Completion Date."

"Punch List" means the single written list of concerns recorded at the final walkthrough, as described in Section 9.

"Close-Out Items" means final cleanup, removal of equipment and materials, minor touch-ups, overspray remediation, weather-deferred items, and Punch List items.

"Courtesy Work" means work performed by K-Pro Painting, LLC beyond the contracted scope without a signed Change Order, as described in Section 3.6.

"Deficiency" means a condition of the finished work that fails to meet the Paint Application Standard or the Exterior Finish provisions of this Agreement, when viewed under the Viewing Standard in Section 9.9.

"Customer Obstruction" has the meaning given in Section 8.1.

"Customer-Caused Delay" means any delay resulting from Customer's request, unavailability, action, or inaction, including the situations described in Sections 7.5 and 8.

"Written Notice" means notice delivered by text message, email, letter, or hand delivery. Text messages and emails exchanged between the parties qualify as Written Notice under this Agreement.

SECTION 3. SCOPE OF WORK AND PRICING

3.1 Services

K-Pro Painting, LLC agrees to provide all necessary labor, materials, and supplies required to carry out the services specified in this Agreement. Upon completion, all major debris will be removed, and the project area will be left clean and orderly, as further described in Section 6.4.

3.2 Scope of Work

The scope of work is limited to the tasks specified in the Estimate. Any additional work must be agreed upon through a signed Change Order.

3.3 Clarification of Room and Area Descriptions

Any reference to rooms or areas (e.g., "master bedroom," "exterior wall," "living room," or "exterior walls") in the Estimate or scope of work includes only the main, visible surfaces of that space, unless explicitly stated otherwise. Adjacent or attached areas, such as walk-in closets, alcoves, storage spaces, or built-in features, are not included and require a separate line item or Change Order to be covered. Customer acknowledges that assumptions about included areas do not expand the scope, and any additional work must be agreed upon in writing.

3.4 Nature of Pricing — Lump Sum, Not Time and Materials

This Agreement is a lump-sum, fixed-price contract for the scope of work described in the accepted Estimate. Any quantities, labor hours, material volumes, or per-item costs shown in the Estimate are internal calculations used solely to arrive at the fixed price and do not constitute a specification, deliverable, guarantee, or commitment as to the actual amount of labor performed or material purchased or used. The total contract price is fixed and does not increase or decrease based on the actual quantity of materials used, labor hours worked, or method by which K-Pro Painting, LLC achieves the contracted scope of work, provided the completed work meets the Paint Application Standard and PCA Industry Standards set forth in this Agreement. Customer acknowledges that K-Pro Painting, LLC is not obligated to provide receipts, invoices, or other documentation of actual material purchases or usage, and that requests for such documentation do not constitute grounds for withholding, delaying, or disputing payment.

3.5 Change Orders

Additional work requested by Customer will be priced and documented in a Change Order before it is performed. Customer approval of a Change Order may be given by signature, text, or email. Unless the Change Order states otherwise, the Change Order price is due with the next scheduled payment or, if the base contract is already complete, upon completion of the Change Order work. Requests made verbally to crew members are not Change Orders. Work under a Change Order does not delay Completion of, or payment for, the original scope.

3.6 Courtesy Work

Any additional coats, priming, caulking, or other work performed by K-Pro Painting, LLC beyond the contracted scope, without a Change Order, is provided as a courtesy at K-Pro Painting, LLC' sole discretion. Courtesy Work does not expand the scope of this Agreement, establish a standard for remaining work, create an obligation to perform similar work elsewhere on the project, delay Completion or final payment, or waive any provision of this Agreement.

3.7 Unforeseen Conditions

If unexpected repairs are necessary, K-Pro Painting, LLC will notify Customer and prepare a Change Order for approval before proceeding.

SECTION 4. PAINT AND MATERIALS 

4.1 Paint and Materials

All paint and materials are included in the proposal. Customer must select colors at least one (1) week before the project start date. Changes after work has begun may incur additional charges.

4.2 Brand Specification

Unless otherwise specified as a separate line item in the Estimate, K-Pro Painting, LLC will use the following paint brands for the project:

Interior Surfaces: Sherwin-Williams Cashmere or Int. SuperPaint, or Dunn-Edwards Everest, Behr Int. Premium or i100, PPG Int. Speedhide

Exterior Surfaces: Sherwin-Williams SuperPaint or Duration or Dunn-Edwards Evershield, Behr Ext. Premium or E600. PPG Ext. Acryshield.

Customer may request an alternate brand or product, but any such substitution must be documented as a line item in the Agreement, including any associated cost adjustments. Color selections must still be finalized at least one (1) week before the start of the project. Changes after work has begun may incur additional charges.

4.3 Product and Sheen Adjustments

If, during the project, K-Pro Painting, LLC or the paint manufacturer recommends a change in product, primer, or sheen to achieve a better result, the change may be made with Customer's approval, which may be given verbally, by text, or by email. Any such change made at no additional charge is Courtesy Work and does not extend the project, delay Completion, or modify the payment terms.

SECTION 5. SURFACE CONDITIONS AND PREPARATION

5.1 Substrate Preparation and Surface Condition

K-Pro Painting, LLC is responsible only for the application of paint and finishes in accordance with Painting Contractors Association (PCA) Industry Standards. Customer (or Customer's general contractor or builder) is solely responsible for ensuring that all surfaces to be painted are properly prepared, clean, dry, smooth, and free of defects, contaminants, dust, grease, loose material, or damage before K-Pro Painting, LLC begins work. K-Pro Painting, LLC will inspect all surfaces upon arrival and will notify Customer of any conditions that require correction. Such notice may be given verbally, by text, or by email at K-Pro Painting, LLC' discretion, and shall be deemed sufficient. Customer's authorization to proceed with work, whether express or by allowing work to continue after notice, constitutes acceptance of surface conditions as-is. Any surface preparation beyond minor spot repairs (as defined in PCA Standards P4 and P14) requires a signed Change Order and additional compensation. K-Pro Painting, LLC shall not be liable for adhesion failures, peeling, cracking, bubbling, or any other issues resulting from pre-existing substrate conditions, inadequate preparation by others, or surfaces that were not ready for finishing when work began.

5.2 Pre-Existing Conditions — All Surfaces and Substrates

This section applies to all surfaces and substrates regardless of material type, including but not limited to wood, drywall, stucco, metal, masonry, concrete, and decking, and regardless of whether the contracted service is painting, staining, coating, or refinishing. Any condition, defect, characteristic, or deterioration of a surface or substrate that is not explicitly itemized as a repair, correction, or restoration line item in the accepted Estimate is presumed to be a pre-existing condition and is outside the scope of this Agreement. This includes, without limitation, cracking, splitting, checking, warping, rot, moisture damage, and other natural characteristics or deterioration of wood and other materials that exist independent of, and are not caused by, K-Pro Painting, LLC' application of coating, stain, or paint. K-Pro Painting, LLC is not responsible for identifying, disclosing, correcting, or compensating for preexisting conditions unless such work is separately itemized and priced in the Estimate or a signed Change Order. Applying coating or stain over an existing surface is not a representation or warranty that underlying pre-existing conditions have been corrected, and does not expand K-Pro Painting, LLC' scope of responsibility to include such conditions. Customer acknowledges that natural materials, including wood, are subject to ongoing environmental exposure, moisture intrusion, and deterioration that require routine customer maintenance independent of any work performed under this Agreement, and that no coating or stain system eliminates this characteristic. Pre-existing surface conditions, including but not limited to worn finishes, aged caulking, fragile fixtures, deteriorated substrates, cracked, split, checked, or weathered wood, or sensitive materials not disclosed to K-Pro Painting, LLC before work begins, are solely Customer's responsibility. K-Pro Painting, LLC shall not be liable for any adverse reaction or damage to pre-existing conditions resulting from normal work operations.

5.3 Pre-Start Documentation

K-Pro Painting, LLC may photograph or video the property before and during the work to document existing conditions. Conditions shown in that record are presumed to be pre-existing. If Customer is aware of conditions not shown, Customer should identify them by Written Notice before work begins.

5.4 Customer-Performed Work

Customer shall not scrape, sand, patch, clean, or otherwise work on surfaces within the scope of work during the project without K-Pro Painting, LLC' prior written consent. K-Pro Painting, LLC is not responsible for the condition, appearance, or performance of any surface altered by Customer or third parties, and any resulting repair or additional work requires a signed Change Order.

SECTION 6. JOBSITE CONDITIONS AND CLEANUP

6.1 Incidental Property Contact and Normal Work Conditions

Customer acknowledges that painting, surface preparation, wallpaper removal, texturizing, refinishing, and related C-4 contractor services inherently involve conditions that may include, but are not limited to: dust, debris, overspray, splatter, paint droplets, adhesive residue, texture compound, primer mist, solvent odors, moisture from wet applications, temporary surface contact from equipment, tools, ladders, and worker foot traffic, and minor incidental contact with floors, windows, fixtures, hardware, trim, cabinetry, and adjacent surfaces. Customer acknowledges that such conditions are an ordinary, unavoidable, and accepted consequence of the scope of services contracted for, and do not constitute property damage, deficient workmanship, or a basis for any claim, deduction, withholding, or dispute. K-Pro Painting, LLC shall not be liable for any loss, damage, or claim arising from these normal work conditions unless caused directly by gross negligence or intentional misconduct on the part of K-Pro Painting, LLC.

6.2 Overspray and Incidental Paint Remediation

Where K-Pro Painting, LLC elects to address overspray or incidental paint on adjacent surfaces (including roofing, fencing, hardscape, or landscaping), K-Pro Painting, LLC shall determine the appropriate method, which may include allowing minor overspray to weather naturally where cleaning would risk damaging the surface. If Customer directs a cleaning or removal method contrary to K-Pro Painting, LLC' written recommendation, the method is performed at Customer's request and risk, and K-Pro Painting, LLC shall not be liable for resulting damage. Overspray remediation is a Close-Out Item and does not delay Completion or final payment.

6.3 Property Damage Claims

Any claim that K-Pro Painting, LLC caused damage to property outside the scope of work shall be reported by Written Notice and may be referred by K-Pro Painting, LLC to its liability insurance carrier. Such claims shall be resolved through that process and are separate from, and shall not be offset against, delay, or reduce, the payment due for the contracted work.

6.4 Cleanup and Debris Removal

K-Pro Painting, LLC is not a cleaning service and provides only basic job-site cleanup as part of its painting and refinishing services. At project completion, K-Pro Painting, LLC will remove major debris (e.g., drop cloths, tape, and large waste), leaving the area orderly. Any remaining minor debris, small particles, dust, paint chips, or residue are Customer's responsibility. Customer acknowledges that fine detail or professional cleaning is not included in the scope of work and agrees not to withhold payment or claim Deficiencies for such items.

6.5 Equipment and Materials

K-Pro Painting, LLC may leave equipment and materials on site until close-out. Customer shall allow reasonable access for their retrieval. Equipment left on site does not indicate that work is incomplete, and Customer may not withhold equipment or access as a condition of payment.

SECTION 7. SCHEDULING, ACCESS, AND COMMUNICATION

7.1 Customer Responsibilities 

Customer shall:

1.     Have the job site clean and free of debris before work begins.

2.     Ensure that other trades do not interfere with K-Pro Painting, LLC' operations; and

3.     Be available for the final walkthrough as set forth in Section 9.

7.2 Access to Property

Customer shall provide K-Pro Painting, LLC and its workers with safe, continuous, and reasonable access to the property, including all areas identified in the scope of work, during normal working hours unless otherwise agreed in writing. Normal working hours are generally 7:00 a.m. to 5:30 p.m., Monday through Saturday, subject to weather, project sequencing, and applicable local regulations. Customer may not unreasonably restrict access to the property or require daily rescheduling that prevents normal progress.

7.3 Control of Schedule, Means, and Methods

K-Pro Painting, LLC retains the exclusive right to determine crew size, work sequence, daily tasks, methods, and the project schedule, including the date of Completion and close-out, provided that the finished work complies with PCA industry standards and the agreed scope of work. Customer may not dictate the means and methods of the work.

7.4 Project Timelines

K-Pro Painting, LLC will provide an estimated start date and approximate duration of the project. Any project durations, start dates, or completion estimates are good faith estimates only and are subject to change based on weather, material availability, jobsite conditions, or prior projects running longer than expected. Such variations do not constitute a breach of this Agreement so long as the project is completed within a commercially reasonable timeframe. K-Pro Painting, LLC shall not be held liable for any "perceived" or implied timelines not explicitly printed in this Agreement. Because this Agreement contains no "Time is of the “Essence" clause, K-Pro Painting, LLC is obligated only to complete the project within a commercially reasonable timeframe.

7.5 Customer-Requested and Customer-Caused Delays

If Customer requests that work, close-out, or the final walkthrough be postponed, or is unavailable when

K-Pro Painting, LLC is ready to proceed, any resulting delay is a Customer-Caused Delay. Customer Caused Delays do not extend the date on which payment is due for work already completed, and K-Pro Painting, LLC may invoice any reasonable remobilization costs resulting from them.

7.6 Weather and Seasonal Limitations

Exterior coatings may only be applied when temperature, humidity, and weather conditions meet the manufacturer's requirements. If weather prevents completion of minor items (such as touch-ups, caulking, or Punch List items), K-Pro Painting, LLC may defer them to the next suitable weather window. Weather deferred items are Close-Out Items and do not delay Completion or final payment. If weather prevents completion of a substantial portion of the scope for an extended period, K-Pro Painting, LLC may invoice for the work completed to date, and that invoice is due within three (3) days.

7.7 Customer-Directed Work and Timing

If Customer directs K-Pro Painting, LLC to perform work in a particular manner or on a particular timeline contrary to K-Pro Painting, LLC' recommendation (including, for example, rehanging a door or exposing a surface to use before the coating has cured), K-Pro Painting, LLC shall not be responsible for resulting damage to the finish. Correction of such damage requires a signed Change Order.

7.8 Communication and Direction of Work

Customer shall direct all requests, concerns, and instructions to the owner or designated crew lead, preferably in writing. Customer shall not direct, instruct, or reassign crew members. Instructions given to crew members do not modify the scope, methods, or schedule of the work. Customer concerns will be reviewed and addressed by K-Pro Painting, LLC in accordance with this Agreement. Text messages and emails exchanged between the parties may be relied upon as Written Notice. Notices to Customer may be sent to the phone number or email address on the Estimate.

7.9 Project Records

K-Pro Painting, LLC may keep dated photographs, video, and written records of surface conditions, work performed, Completion, and communications with Customer. Customer agrees that these records may be used as evidence in any review, walkthrough, dispute, arbitration, or court proceeding concerning the project.

7.10 Respect for Workers and Officials

Customer must treat all workers and company officials with basic civility and respect. Abusive, threatening, or harassing behavior toward workers or company representatives is Customer Obstruction and may result in immediate suspension of work. If such behavior continues after Written Notice, K-Pro Painting, LLC may terminate this Agreement for

Customer default under Section 8. Suspension or termination under this provision does not relieve Customer of payment obligations for work performed, materials purchased, or applicable liquidated damages.

7.11 Media and Marketing Rights

Customer grants K-Pro Painting, LLC permission to photograph, video, or document the project (before, during, and after completion) and to use such materials for public purposes, including but not limited to social media, website, marketing, and promotional use. No compensation will be provided for this use, and Customer waives any right to inspect or approve the materials.

SECTION 8. CUSTOMER OBSTRUCTION, SUSPENSION, AND DEFAULT

8.1 Customer Obstruction

"Customer Obstruction" includes, but is not limited to:

1.     Refusing or delaying access to the property or work areas on scheduled workdays without good cause;

2.     Repeatedly cancelling or rescheduling work in a manner that prevents normal, continuous progress of the project;

3.     Imposing conditions that prevent K-Pro Painting, LLC from performing the work using normal, safe, and accepted methods in compliance with PCA standards;

4.     Harassing, threatening, or verbally abusing workers or company representatives in a way that makes the jobsite unsafe or unworkable.

5.     Directing other trades or third parties to interfere with, alter, or obstruct K-Pro Painting, LLC' work; 6. Repeatedly delaying, postponing, or refusing the final walkthrough or close-out, or conditioning payment on new requests outside the scope of work.

6.     Withholding or delaying any payment in violation of Section 12; or

7.     Raising new, changing, or repeated concerns after the Punch List is recorded for the purpose or with the effect of delaying payment.

8.2 Notice and Cure

If Customer Obstruction occurs, K-Pro Painting, LLC may issue Written Notice describing the obstruction and providing a reasonable cure period (typically forty-eight (48) hours to three (3) business days, depending on the circumstances). If the obstruction is not cured within the stated time, K-Pro Painting, LLC may:

1.     Suspend work until the obstruction is cured, with any resulting delay treated as a Customer-Caused Delay; and/or

2.     Terminate this Agreement for Customer default.

8.3 Suspension for Non-Payment

If any deposit, progress payment, Change Order payment, or other amount is not received when due, K-Pro Painting, LLC may, after Written Notice and to the extent permitted by NRS Chapter 624 or other applicable law, suspend work until the amount is paid. Suspension for non-payment is a Customer-Caused Delay, and Customer shall pay reasonable remobilization costs.

8.4 Amounts Due on Termination for Customer Default

Upon termination for Customer default, the project shall be deemed complete for billing purposes, and Customer shall be liable for:

1.     The contract price for all work performed to date;

2.     The cost of all materials purchased for the project (whether installed or not), plus any restocking, return, or storage fees;

3.     Reasonable mobilization and demobilization costs; and

4.     A reasonable liquidated amount representing lost profit and overhead on the unpaid balance of the contract.

8.5 Liquidated Damages

Customer agrees that, in the event of termination for Customer default, a liquidated amount of forty percent (40%) of the unpaid contract price is a reasonable estimate of K-Pro Painting, LLC' lost profit and overhead, given the difficulty of re-filling the schedule, reallocating labor, and recovering overhead on short notice. This amount is agreed as liquidated damages, not as a penalty. Amounts due under this Section 8 are immediately payable upon invoicing. Failure to pay will be treated as non-payment under Section 12, including late fees and collection remedies.

SECTION 9. COMPLETION, FINAL WALKTHROUGH, AND CLOSE-OUT

9.1 Work in Progress

Work in progress is not finished work and will not be evaluated as such. Surfaces may show incomplete coverage, color or sheen variation, or other temporary conditions until all coats and touch-ups are complete. Customer agrees to hold quality concerns until the final walkthrough, except for concerns involving safety or property damage, which should be reported promptly by Written Notice.

9.2 Determination of Completion

Completion occurs when the contracted scope of work has been performed in accordance with the Paint Application Standard. Completion is determined by K-Pro Painting, LLC' Authorized Representative, not by Customer. The following do not affect, delay, or change the Completion Date:

1.     Customer's own opinion of whether the work is finished;

2.     Customer's schedule, travel, or availability;

3.     The status of any Close-Out Item, Punch List item, or weather-deferred item;

4.     Opinions, inspections, or estimates from third parties;

5.     Pending Change Orders or new requests; and

6.     Any warranty claim, correction, or touch-up performed under the guarantee.

If Customer believes in good faith that the work is not complete, Customer's sole remedy is to list the specific items on the Punch List and, if applicable, follow Section 12.6. Disagreement with the Completion Date does not change the Completion Date or the payment due date.

9.3 Completion Notice

K-Pro Painting, LLC will notify Customer of Completion verbally, by text, or by email, and such notice is sufficient. The Completion Notice will invite Customer to complete the final walkthrough within the period set out in Section 9.4. Customer's failure to respond to the Completion Notice is treated as unavailability for the walkthrough.

9.4 Final Walkthrough and Deemed Acceptance

Upon Completion Notice, Customer shall make themselves available for a final walkthrough with

K-Pro Painting, LLC' Authorized Representative within forty-eight (48) hours. If Customer is unavailable, declines, does not respond, or delays the walkthrough beyond that period, the project is deemed accepted as complete as of the Completion Date, and final payment is due immediately. A request by Customer to postpone the walkthrough does not postpone the payment due date.

9.5 Punch List

Any concerns identified at the final walkthrough shall be recorded on a single written Punch List. If no concerns are noted, the project is deemed completed to satisfaction. Once recorded, the Punch List is closed. Items not recorded on the Punch List, and later requests that are not Deficiencies, are outside the scope of work and require a signed Change Order.

9.6 Completion of Punch List Items

K-Pro Painting, LLC will complete all Punch List items that are Deficiencies under this Agreement within a reasonable time, subject to weather and scheduling. Customer shall provide access for this work. Items on the Punch List that are not Deficiencies (for example, personal preferences, pre-existing conditions, or items outside the scope) may be addressed as Courtesy Work at K-Pro Painting, LLC' discretion, or under a Change Order.

9.7 Additional Walkthroughs and Return Visits

The Agreement includes one (1) final walkthrough and one (1) return visit to complete Punch List items. Additional walkthroughs, inspections, or return visits requested by Customer to review items that are not Deficiencies are billed at $150 per visit.

9.8 Close-Out Items Do Not Delay Payment

Close-Out Items, including final cleanup, equipment removal, minor touch-ups, overspray remediation, weather-deferred items, and Punch List items, are part of normal project close-out. They do not delay Completion, and their status is not a condition of final payment. Customer may not withhold final payment pending Close-Out Items, additional inspections, third-party opinions, or new requests.

9.9 Viewing Standard

All finished work shall be evaluated in accordance with PCA Standard P1: without magnification, from a distance of thirty-nine (39) inches or more, under finished lighting conditions, and from a normal viewing position. Conditions visible only at closer range, under raking, artificial, or angled light (such as a flashlight held against the surface), or in magnified or zoomed photographs are not Deficiencies.

9.10 Coating Cure Time

Customer acknowledges that newly applied coatings require time to fully cure (typically up to seven (7) days or more, depending on the product and weather). Marks, impressions, or damage to finishes caused by use, contact, cleaning, or closing doors and windows before full cure are not Deficiencies.

9.11 Phased Work and Change Orders

Where the Estimate divides the work into phases, or work is added by Change Order, each phase or Change Order is complete and payable when performed. Incomplete phases or Change Orders do not delay Completion of, or payment for, work already performed.

SECTION 10. WORK STANDARDS

10.1 Work Standards

All work will be performed to professional industry standards, subject to the Paint Application Standard below.

10.2 Paint Application Standard

K-Pro Painting, LLC will apply a minimum of two (2) full coats of paint (a primer coat where required by the manufacturer plus one finish coat, or two finish coats, as needed for proper hiding and coverage). This Paint Application Standard is the controlling definition of acceptable work under this Agreement. In the event of any conflict between this Paint Application Standard and Painting Contractors Association (PCA) Industry Standards, this Paint Application Standard governs. This Agreement does not require or guarantee a Level 5 drywall finish (or any equivalent ultra-smooth finish) unless specifically included as a separate line item in the Estimate. Minor roller marks, texture variations, stipple, or slight imperfections inherent to roller or spray application on smooth or untextured surfaces are accepted as normal and do not constitute a Deficiency. Any additional coats, sanding, or finishing beyond the agreed two-coat system require a signed Change Order and additional compensation.

10.3 Exterior Finish Standard

Exterior work is performed to a standard residential repaint finish. This Agreement does not require or guarantee a flawless, showroom, or new-construction appearance on exterior surfaces. Aged, weathered, or textured substrates such as wood siding, trim, eaves, and fascia will show their natural texture, grain, checking, and prior surface history through the new coating. Minor variations in sheen, color, or texture, including those caused by sun exposure, substrate porosity, or spot priming, that are not readily visible from a normal viewing distance under normal lighting are accepted as normal and do not constitute a Deficiency. A higher finish standard, including full priming or additional coats, is available only as a separate line item in the Estimate.

10.4 Exterior Finish Uniformity and Optional Full Prime

Standard exterior service includes spot priming of bare, patched, or repaired areas, followed by the finish coats specified in the Estimate. Customer acknowledges that spot priming, varying substrate age and porosity, and sun exposure can cause minor variations in sheen or color uniformity ("flashing"), particularly with satin or higher sheens and in direct or raking light. Variations not readily visible from a normal viewing distance under normal lighting are not a Deficiency.

To reduce this risk, K-Pro Painting, LLC offers an optional Full Prime upgrade (a full primer coat on all body surfaces before finish coats) at the price shown in the Estimate. If Customer declines this upgrade, any full priming or additional finish coats later requested to improve uniformity will be performed only under a signed Change Order.

10.5 Project Process and Standards Compliance

K-Pro Painting, LLC reserves the right to determine the methods, sequencing, and processes used to complete the project, provided the final result complies with PCA industry standards. Customer satisfaction under this Agreement is limited to the completed work meeting PCA standards, as determined through the Resolution Process in Section 11.3. Complaints or preferences related to the project process (including but not limited to scheduling, site preparation, daily operations, or worker conduct) do not constitute grounds for claims, refunds, or warranty invocation unless they directly result in the final work failing to meet PCA standards.

1.     Timely Reporting of Process Concerns: Any issue with the project process must be reported in writing (by email to kevin@kproppainting.com) within twenty-four (24) hours of occurrence. Failure to report promptly waives any related claim, and K-Pro Painting, LLC will not be obligated to make changes or provide compensation.

2.     No Liability for Process Variations: K-Pro Painting, LLC shall not be liable for delays, disruptions, or variations in process due to factors beyond its control, such as weather, supply chain issues, or customer requested changes, as long as the final project meets PCA standards upon completion.

3.     Protection Against Process-Based Disputes: If Customer attempts to withhold payment, cancel, or escalate a dispute based solely on process dissatisfaction (without evidence of final non-compliance with PCA standards), K-Pro Painting, LLC reserves the right to pursue full payment, including late fees, and may void the warranty. Such actions may also be considered a breach of contract, potentially leading to legal remedies for K-Pro Painting, LLC.

4.     Customer acknowledges that dissatisfaction with scheduling, daily work sequence, or other process issues, absent a failure of the finished work to meet PCA standards, does not entitle Customer to cancel without liability, withhold payment, or demand a refund.

SECTION 11. GUARANTEE AND WARRANTY

11.1 100% Satisfaction Guarantee – Professional Standards

K-Pro Painting, LLC guarantees that all work will be performed in accordance with the Paint Application Standard and Exterior Finish provisions of Section 10. If the completed project does not meet these standards, K-Pro Painting, LLC will correct any Deficiencies at no additional cost. Customer satisfaction is defined solely by these standards, not by any stricter interpretation of PCA standards or any expectation of a Level 5 finish.

11.2 Conditions of Guarantee

Satisfaction Is Defined by PCA Standards: Customer satisfaction is determined based on PCA industry standards and the agreed-upon scope of work.

Final Walkthrough Requirement: Customer must complete the final walkthrough as set forth in Section 9. Any concerns must be documented on the Punch List at that time. If no concerns are noted, the project is deemed completed to satisfaction.

11.3 Resolution Process

If Customer believes the work does not meet PCA standards, the project will be reviewed by K-Pro Painting, LLC' senior management, who are fully trained and knowledgeable in PCA industry standards.

1.     If Deficiencies are found, K-Pro Painting, LLC will correct them at no additional cost.

2.     If no Deficiencies are found, or the concerns fall outside the agreed-upon scope of work, the project remains fully billable.

3.     If Customer disagrees with K-Pro Painting, LLC' evaluation, Customer may escalate the concerns to the Painting Contractors Association (PCA) for an independent opinion, or to the state contractor board if the work was performed in a licensing state.

Use of the Resolution Process does not delay or reduce final payment, except as provided in Section 12.6 for a specific, written, good-faith dispute.

11.4 Limitations of Guarantee

This guarantee does not apply where:

1.     Worksite conditions changed after Completion (e.g., weather damage or customer modifications); 2. The dissatisfaction is based on non-PCA standard issues (e.g., personal color preference changes or minor cosmetic variations);

2.     The condition results from Customer-directed work or timing under Section 7.7, or from use before full cure under Section 9.10;

3.     The condition results from Customer-performed or third-party work under Section 5.4; or

4.     Customer refuses to allow K-Pro Painting, LLC to correct the work.

This guarantee applies to residential projects only. Commercial projects are excluded from this guarantee and are subject to the warranty or guarantee provided by the material supplier (e.g., paint manufacturer warranties).

11.5 Fraudulent or Unreasonable Claims

Customers who make false, exaggerated, or unreasonable claims for free work will have their guarantee voided. Fraudulent claims may result in legal action for breach of contract and fraudulent misrepresentation.

11.6 Workmanship Warranty

K-Pro Painting, LLC offers a one (1) year of labor warranty:

Limited 1-year Warranty: THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE BY K-Pro Painting, LLC AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THIS WARRANTY COVERS ONLY THOSE SERVICES PROVIDED BY K Pro Painting, LLC TO THE OWNER/CLIENT/HOA/MANAGER NAMED ON THE THIRD PAGE OF THE PROPOSAL. IN NO EVENT SHALL K-Pro Painting, LLC BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES IN EXCESS OF THE ORIGINAL PROJECT PRICE. Paint projects completed by K-Pro Painting, LLC will be backed by a 1-year limited warranty in Labor and Material once the project starts. For the warranty to be valid, the contract must be signed, paid in full project price, and retain a copy of the original contract/quote/proposal. K-Pro Painting, LLC will repair peeling, blistering or chipping paint resulting from workmanship if the property is accessible to K-Pro Painting, LLC’s employees, or subcontractors to perform the repairs. K-Pro Painting, LLC does not cover in its warranty incidental damages that are caused by: temperature fluctuations; cracks from walls contracting and expanding; stained surfaces with foot traffic; problems related to structural defects; moisture or mildew  damage; insect infestation; irrigation decay on all surfaces; weather damage to all surfaces; exact paint match as environmental conditions will affect the color and finish of all paints over time/fading; and settling caused by earthquakes, acts of God are not covered in this warranty K-Pro Painting, LLC does not cover damage resulting from normal wear and tear, abuse, misuse, or neglect. THIS WARRANTY MAY NOT BE ALTERED OR EXTENDED FOR ANY PURPOSE UNLESS DONE  SO IN WRITING IN A DOCUMENT EXECUTED BY ALL PARTIES TO THIS CONTRACT.

11.7 Warranty Independent of Payment

Warranty and guarantee obligations under this Agreement are independent of, and do not toll, delay, offset, or excuse, Customer's payment obligations. Invoking the warranty, the guarantee, or the Resolution Process is not grounds to withhold, delay, or reduce payment on a completed project. The warranty becomes effective only upon payment in full.

SECTION 12. PAYMENT TERMS 

12.1 Deposit

Work cannot begin until the deposit is received.

12.2 Progress Payments

If the Estimate provides for progress payments, each progress payment is due when the stated milestone is reached, as determined by K-Pro Painting, LLC, and is payable within three (3) days of invoice.

12.3 Final Payment

The balance is due upon Completion as determined under Section 9.2, and must be received no later than the earlier of: (a) the end of the final walkthrough; or (b) the deemed acceptance date under Section 9.4. No retainage or holdback is permitted except as provided in Section 12.6.

12.4 Late Payments

Payments not received when due will incur a late payment fee of $500 per week, or part of a week, until paid, to the extent permitted by law.

12.5 No Conditions on Payment

Customer may not condition any payment on Close-Out Items, additional walkthroughs, additional coats or work outside the scope, third-party inspections or estimates, the resolution of any property damage claim, receipts or material documentation, or the satisfaction of personal preferences not required by this Agreement.

12.6 Disputed Amounts

If Customer believes in good faith that a specific portion of the work contains a Deficiency, Customer must, by the payment due date:

1. Identify each Deficiency by Written Notice, with its location; and

2. Pay the full contract balance less a reasonable amount attributable only to those specific identified items.

The amount withheld may not exceed the reasonable cost to correct the identified Deficiencies. Any amount withheld becomes due immediately when the identified items are corrected or determined not to be Deficiencies. General dissatisfaction, unspecified concerns, or Close-Out Items do not justify withholding any amount.

12.7 Improper Withholding

If Customer withholds any amount without complying with Section 12.6, or withholds more than Section 12.6 allows, the entire unpaid balance is immediately due, late fees accrue on the entire unpaid balance, and the withholding is Customer Obstruction under Section 8.

12.8 Payment Method and Recipient

All payments under this Agreement, including deposits and final balances, must be made payable and issued only to an authorized officer/managers of K-Pro Painting, LLC (Kevin Canales or Iram Canales). Payments made to painters, laborers, or any other non-officer personnel will not be recognized as valid and do not discharge Customer's payment obligations. K-Pro Painting, LLC is not responsible for any loss, theft, or misuse of funds paid to unauthorized individuals. Additional charges may apply to payments made by credit card processed through merchant services.

12.9 No Unauthorized Deductions or Back charges

Customer may not withhold, deduct, offset, or back charge any amount from the contract price for third-party services (e.g., cleaning or repairs) hired without K-Pro Painting, LLC' prior written consent. Any such deduction is a breach of contract, the full contract amount remains due, and late fees apply. If additional services are needed because K-Pro Painting, LLC' work does not meet PCA standards, they will be provided at no additional cost under the guarantee.

12.10 Right to Cure Before Third-Party Services

Customer must allow K-Pro Painting, LLC the opportunity to inspect and correct any alleged Deficiency at no cost before hiring third-party services. Hiring third-party services without prior written approval from K-Pro Painting, LLC does not entitle Customer to deductions, credits, or refunds. Unauthorized back charges will be pursued as a breach, and full payment remains due. 

12.11 Partial Payments

Acceptance by K-Pro Painting, LLC of any partial payment, including a payment by check or other instrument marked "paid in full" or with similar language, does not constitute an accord and satisfaction, a waiver of any balance due, or acceptance of the work as a settlement, unless agreed in a separate writing signed by an authorized officer of K-Pro Painting, LLC.

12.12 Lien Releases

K-Pro Painting, LLC will provide a release of lien rights only upon receipt of payment in full in good funds.

12.13 Collection Costs

If any amount due under this Agreement is not paid when due, Customer shall be responsible for reasonable costs of collection, including collection agency fees, court and filing costs, lien recording and release costs, and reasonable attorney fees, to the extent permitted by law.

12.14 No Refunds

Once work begins, no refunds will be issued. Any issues will be resolved by bringing the project up to professional industry standards. If Customer prevents K-Pro Painting, LLC from completing the project to PCA standards by denying access, repeatedly rescheduling, or otherwise obstructing the work, the project may be deemed terminated for Customer default, and payment shall be due as set forth in Section 8.

SECTION 13. LIABILITY AND DISPUTES

13.1 Limitation of Liability

K-Pro Painting, LLC shall not be liable for any incidental, consequential, or indirect damages, including but not limited to loss of profits or business.

13.2 Indemnification

Customer agrees to indemnify and hold harmless K-Pro Painting, LLC, its officers, employees, and agents from any claims or damages arising from the services provided, except in cases of gross negligence or intentional misconduct.

13.3 Dispute Resolution

Disputes will be resolved through binding arbitration under the rules of the American Arbitration

Association. Arbitration will occur in the state where the project was performed, and each party will bear its own legal fees, except as provided in Section 12.13 (Collection Costs). Notwithstanding the foregoing, either party may bring an  action in small claims court for amounts within that court's jurisdictional limit, and such an action is not subject to this arbitration provision. Nothing in this section limits K-Pro Painting, LLC' right to record and enforce a mechanic's lien.

13.4 Enforcement and Assignment of Payment Rights

Customer acknowledges that Kevin Canales, as owner and officer of K-Pro Painting, LLC, is authorized to enforce this Agreement on its behalf, including issuing notices, collecting amounts due, recording and enforcing liens, and appearing in any small claims, arbitration, or other proceeding to the extent permitted by law. K-Pro Painting, LLC may assign its right to receive payment under this Agreement to Kevin Canales individually without Customer's consent, and upon Written Notice of assignment Customer shall pay the assigned amounts to him.

13.5 Governing Law

This Agreement is governed by the laws of the State of Nevada, or, for work performed in another state, the laws of the state where the work is performed.

SECTION 14. GENERAL PROVISIONS 

14.1 Entire Agreement and Verbal Representations

This Agreement, including the Estimate and any signed Change Orders, constitutes the entire agreement between the parties. Customer acknowledges that they are not relying on any oral promises, "perceived" timelines, or unprinted representations made by any K-Pro Painting, LLC official, employee, or subcontractor. No modification of this Agreement, including regarding project duration, scope, Completion, or payment terms, is binding unless made in writing and signed by an authorized officer of K-Pro Painting, LLC.

14.2 Order of Precedence

The Estimate and signed Change Orders control the scope of work and price. These Terms and Conditions control all other matters, including Completion, walkthroughs, payment, warranty, and dispute resolution.

14.3 Authority to Contract

If Customer is signing this Agreement on behalf of a property owner or other principal, rather than in Customer's individual capacity as owner, Customer represents and warrants that they have full authority to bind that principal to this Agreement. If such authority is later found not to exist, Customer agrees to be personally liable for all payment and other obligations under this Agreement as if Customer were the sole contracting party. Where more than one person signs as Customer, each is jointly and severally responsible for all obligations under this Agreement, and any one of them may give approvals and receive notices on behalf of all.

14.4 Severability

If any part, term, or provision of this Agreement is held by a court or arbitrator to be illegal, in conflict with any law, or otherwise invalid, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid.

14.5 Non-Waiver

The failure of K-Pro Painting, LLC to enforce any provision of this Agreement shall not be construed as a waiver or limitation of its right to later enforce and compel strict compliance with every provision of this Agreement. Courtesy Work, schedule accommodations, or extensions of time to pay are not waivers.

14.6 Survival

Payment obligations, lien rights, collection rights, limitations of liability, warranty limitations, indemnification, and dispute resolution provisions survive Completion, termination, or cancellation of this Agreement.

14.7 Electronic Signatures and Headings

This Agreement may be accepted by electronic signature, which has the same effect as a handwritten signature. Section headings are for convenience only and do not limit or change the meaning of any provision.

ACCEPTANCE

By signing proposals by K-Pro Painting, LLC, Customer acknowledges receipt and understanding of all disclosures, terms, and conditions in this Agreement, including the Completion, walkthrough, and payment provisions in Sections 9 and 12.