The following are contract provisions agreed to when a customer places an order through the Company Portal.

You have requested that the Company provide You with unskilled labor services (“Services”). By placing Your request, You agree to and accept the following terms and conditions. The “Company” means A Couple More Guys, and “Customer” means You. The Company and You are each a “Party” and collectively the “Parties”.

1. You represent that:

a. You have the authority to permit the Company’s employees onto the property where the Company’s employees will provide Services,
b. The area where the Company’s employees will provide the Services is safe and suitable for the requested Services,
c. You have obtained any permits, governmental approval, or third-party approvals, if required, for the performance of the Services.

2. You have prepared the area where the Services are to be performed, including:

a. removed fragile/valuable items from the work area,
b. covered or protected items that cannot be removed, but may be subject to damage, such as plants, fixtures, appliances, and similar items,
c. if required for the Services, you have provided reasonable access to reliable sources of electricity and/or water.
You will be charged for the time the Company’s employees are on site, including any time required to prepare or ready the site for the provision of Services.

3. Unsafe Conditions. Upon the arrival of the Company’s employees at the work site:

a. You will disclose any known hazards, including, but not limited to, animals, insects, unstable structures, or dangerous equipment,
b. at any time during the provision of Services, including upon arrival, the Company reserves the right to suspend or refuse to provide Services if, in the sole discretion of the Company’s employees, the environment is unsafe. You may be charged for time spent by Company employees on-site if services are refused, halte, or delayed due to unsafe conditions.

4. Excluded Services — Unless expressly approved in writing in advance, the Company does not perform:

a. licensed trades such as electrical, plumbing or HVAC,
b. structural, engineering, load bearing, or code-regulated work,
c. heavy machinery operation,
d. hazardous materials handling,
e. medical assistance or caregiving tasks,
f. apply for or take responsibility for acquiring any permits, authorizations, governmental approvals, or third-party approvals for the Services.

5. Warranty.

a. The Company will perform Services in a workmanlike manner in accordance with generally recognized industry standards for similar services involving unskilled labor.
b. The Company shall not be liable for a breach of the warranty outlined in Section 5(a) unless you give written notice of the defective Services, reasonably described, to the Company within ten (10) days of the time when the Service was provided.
c. Subject to Section 5(b), the Company shall, in its sole discretion, either:
i. re-perform such Services; or
ii. credit or refund the price of such Services.
d. THE REMEDIES OUTLINED IN SECTION 5(c) SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND THE COMPANY’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY OUTLINED IN SECTION 5(a).

6. DISCLAIMER OF WARRANTIES. EXCEPT FOR THE WARRANTY OUTLINED IN SECTION 5(a) ABOVE, THE COMPANY MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY: (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

7. Limitation of Liability.

a. The Company is not responsible for damage or liability arising from:

i. preexisting defects or conditions,
ii. equipment, tools, or materials supplied by You,
iii. means or methods for performing the Services which You required, directed, or insisted that the service be performed,
iv. damage resulting from Your acts or omissions,
v. indirect, incidental, or consequential damages,
vi. fines, penalties, or fees levied against or demanded of the Company by any authority, governmental entity, or third-party for failure to obtain any permit or authorization required for the Services.

b. You agree to indemnify the Company, including reasonable attorneys’ fees, for any claims, loss, damage, or personal injury to the Company or a Company Employee arising out of the items outlined at 7(a)(i-vi).
c. IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
d. IN NO EVENT SHALL THE COMPANY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO SERVICE PROVIDER PURSUANT TO THE APPLICABLE ORDER PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

i. Right to negotiate the extent of the liability limit. You may request that the Company remove from 7(b) above the limitation on liability arising from the Company’s negligence in exchange for paying an additional fee for the Services, to be determined by the Company. Please inform the Company if you wish to make this request.

e. The limitation of liability set forth in Section 7(b) above shall not apply to (i) liability resulting from the Company’s reckless or willful misconduct and (ii) death or bodily injury resulting from the Company’s negligent acts or omissions.

8. Late Payment. Full payment for the Services is due upon completion of the Services. If You do not make full payment upon completion, the Company reserves the right to charge You a late payment fee equal to 10% of the total fee for Services.

9. Waiver. No waiver by the Company of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

10. Force Majeure. No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of You to make payments to the Company hereunder), when and to the extent such failure or delay is caused by or results from acts beyond a Party’s reasonable control, including, without limitation, (a) acts of God; (b) flood, fire, earthquake, epidemics, or explosion; (c) war, invasion, hostilities, riot or other civil unrest; (d) government order, law, (e) power outages, and (f) other similar events beyond the reasonable control of a Party.

11. Attorneys’ Fees. If any Party institutes any legal suit, action, or proceeding, including arbitration, against the other Party to enforce the covenants contained in this Agreement or obtain any other remedy in respect of any breach of this Agreement or arising out of or relating to this Agreement, the prevailing party in the suit, action or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such Party in conducting the suit, action, or proceeding, including reasonable attorneys’ fees and expenses and court costs.

12. Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Wisconsin.

13. Entire Agreement, Amendment, and Modification. These Terms and the service details provided by You and agreed to by the Company in Your request for Services form the entire agreement. The Company may update these Terms from time to time, and the version in effect at the time of Your request governs that engagement. This Agreement may only be amended or modified in a writing that specifically states that it amends this Agreement and is signed by both Parties.