YOU WILL be required to provide and upload 2 forms of ID before you can submit your application. You will NOT be able to Proceed forward without these 2 forms of ID.

PLEASE be honest & truthful in your answers and selections. Misleading and deceiving can be grounds for contract termination. It will be noticed on the job site(s). It can place others, if not everyone in danager, to include yourself. Lying is grounds for IMMEDIATE termination. Being Honest does not prevent you from being considered. 

DISCLAIMER ******IMPORTANT******

Do NOT be misleading or untruthful about your experience and positions. It will be immediately clear if you lie, fabricate, or were misleading about your past experience and positions. This can be grounds for REMOVAL from projects. Being truthful will give you a better opportunity and chance for consideration. NOT having experience will NOT disqualify you necessarily.

THIS WILL BE YOUR ONLY WARNING.

1. Non-Discrimination

The Company does not discriminate based on race, color, religion, sex, age, disability, national origin, veteran status, or any other classification protected under applicable federal or state law.

Contractors are selected based upon qualifications, experience, professionalism, reliability, safety practices, availability, project needs, and ability to perform the work.

2. Independent Contractor Status

The Company does not discriminate based on race, color, religion, sex, age, disability, national origin, veteran status, or any other classification protected under applicable federal or state law.

Contractors are selected based upon qualifications, experience, professionalism, reliability, safety practices, availability, project needs, and ability to perform the work.

3. Availability & Assignments

After completion of all required application documents and onboarding requirements, please allow approximately 24 hours for processing.

Due to the changing nature of construction, labor, and project scheduling, contractors are strongly encouraged to maintain communication regarding availability for current and future projects.

Failure to maintain communication regarding availability may affect future project opportunities, scheduling priority, or assignment consideration.

4. Timekeeping, Attendance & Compensable Time

The standard pay period begins Saturday and ends the following Friday unless otherwise agreed in writing.

Payments are generally issued on Saturdays after 5:00 p.m. by approved payment method.

The Company reserves the right to:

• withhold disputed amounts,
• offset unpaid balances,
• Issue back-charges,
• recover completion costs,
• recover damages,
• recover equipment losses,
• recover repair costs,
• recover material costs,
• recover delay damages,
• or pursue other lawful remedies relating to Contractor performance, damages, losses, negligence, misconduct, defective work, project delays, or contractual violations.

No payment shall be owed for:

• incomplete work,
• abandoned work,
• defective work,
• unsafe work,
• rejected work,
• work failing inspection,
• or work not performed to reasonable industry standards.

The Company may withhold disputed amounts pending investigation, repair completion, project completion, or damage assessment.

5. Payments, Offsets & Back-Charges

The standard pay period begins Saturday and ends the following Friday unless otherwise agreed in writing.

Payments are generally issued on Saturdays after 5:00 p.m. by approved payment method.

The Company reserves the right to:

• withhold disputed amounts,
• offset unpaid balances,
• Issue back-charges,
• recover completion costs,
• recover damages,
• recover equipment losses,
• recover repair costs,
• recover material costs,
• recover delay damages,
• or pursue other lawful remedies relating to Contractor performance, damages, losses, negligence, misconduct, defective work, project delays, or contractual violations.

No payment shall be owed for:

• incomplete work,
• abandoned work,
• defective work,
• unsafe work,
• rejected work,
• work failing inspection,
• or work not performed to reasonable industry standards.

The Company may withhold disputed amounts pending investigation, repair completion, project completion, or damage assessment.

6. Timekeeping, Attendance & Compensable Time

Contractor acknowledges and agrees that compensation is based solely upon actual authorized working time spent actively performing approved project-related work.

Contractor shall not be compensated for:

• unauthorized breaks,
• leaving the jobsite without authorization,
• personal errands,
• excessive idle time,
• personal phone usage,
• extended non-working periods,
• unauthorized absences,
• late arrivals,
• early departures,
• or time not actively spent performing authorized work duties.

Contractor is responsible for accurately reporting time worked.

Falsification, inflation, manipulation, or misrepresentation of time records, hours worked, attendance, jobsite presence, or work activity may result in:

• withheld disputed amounts,
• back-charges,
• denial of payment for disputed time,
• removal from the project,
• termination of the contractor relationship,
• or legal action.

The Company reserves the right to:

• monitor attendance,
• verify work activity,
• review GPS records,
• review surveillance footage,
• review jobsite activity,
• require clock-in/clock-out procedures,
• require photographic verification,
• require supervisor verification,
• or otherwise verify actual working time and jobsite presence.

Contractor acknowledges that compensation is for productive project-related work and not merely for being physically present on a project site.

Unauthorized departure from the jobsite during active work hours may result in:

• unpaid time,
• removal from the project,
• reassignment,
• denial of future assignments,
• or termination of the contractor relationship.

7. Payment Terms & Compensation Agreement

Contractor acknowledges and agrees that all compensation is based upon satisfactory completion of work in accordance with Company standards, project specifications, safety requirements, client expectations, scheduling requirements, and reasonable industry standards.

Payment amounts, rates, project pricing, daily rates, hourly rates, bid amounts, unit pricing, or other compensation structures shall be determined solely by the Company unless otherwise agreed in writing.

Contractor understands and agrees that:

• payment is contingent upon satisfactory performance and completion of work,
• incomplete, defective, unsafe, rejected, abandoned, or non-compliant work may
• result in withheld payments, offsets, back-charges, or nonpayment,
• disputed amounts may be withheld pending investigation, inspection, correction, project completion, or damage assessment,
• the Company reserves the right to offset damages, losses, corrective work costs, delay damages, equipment losses, material costs, rental costs, fuel costs, supervision costs, administrative costs, and replacement labor costs against unpaid balances,
• and no final payment shall be owed until all work has been completed, inspected, and accepted by the Company and/or client where applicable.

Contractor further acknowledges and agrees that:

• payment timing may depend upon project progress, client approvals, inspections, project funding, or client payment,
• the Company may withhold retainage or disputed amounts pending final project completion,
• and partial payments do not constitute acceptance of defective or incomplete work.

Contractor agrees that acceptance of payment constitutes acknowledgment that the amount paid is accurate unless disputed in writing within 72 hours of receipt.

Contractor shall not:

• file liens,
• stop work,
• remove materials,
• remove equipment,
• interfere with project operations,
• contact clients regarding payment disputes,
• or disrupt project completion

without first providing the Company written notice and a reasonable opportunity to resolve the dispute.

The Company reserves the right to immediately terminate the contractor relationship for:

• abandonment,
• repeated poor performance,
• unsafe work,
• insubordination,
• project interference,
• unauthorized client contact,
• or breach of this agreement.

No oral promises, verbal modifications, side agreements, or unauthorized payment arrangements shall be binding unless confirmed in writing by the Company.

8. Payment Contingency / Pay-When-Paid Clause

Contractor acknowledges and agrees that the Company’s obligation to issue payment may be contingent upon receipt of payment, funding, approval, or release of funds from the project owner, client, general contractor, insurance carrier, property owner, lender, or other responsible paying party.

Contractor understands that construction, tree service, emergency work, insurance-related work, and commercial projects may involve delayed billing cycles, disputed invoices, retainage withholding, project funding delays, inspection delays, insurance delays, or client payment disputes.

Accordingly, Contractor agrees:

• payment timing may depend upon the Company receiving payment relating to the work performed,
• payment may be delayed pending inspections, approvals, project completion, funding release, or client payment,
• and the Company shall not be responsible for payment delays caused by clients, property owners, insurance companies, lenders, project disputes, force majeure events, or circumstances outside the Company’s reasonable control.

The Company reserves the right to withhold disputed amounts, retainage amounts, incomplete work amounts, corrective work costs, delay damages, or other lawful offsets until related disputes or payment issues are resolved.

Nothing in this section shall require the Company to issue payment for:

• defective work,
• incomplete work,
• rejected work,
• abandoned work,
• unsafe work,
• or work requiring substantial correction.

9. Workmanship, Productivity & Performance Standards

Contractor agrees to perform all work:

• professionally,
• safely,
• efficiently,
• in a timely manner,
• and consistent with reasonable industry standards, project specifications, manufacturer requirements, safety standards, and Company expectations.

Failure to maintain reasonable productivity, unreasonable delays, poor workmanship, defective work, unsafe work, incomplete work, abandonment of work, failure to follow instructions, or work requiring correction may result in:

• removal from the project,
• termination of the contractor relationship,
• denial of future assignments,
• withholding of unpaid balances,
• back-charges,
• corrective work charges,
• replacement labor costs,
• project delay costs,
• completion costs,
• or legal action.

If additional labor, supervision, cleanup, repair work, replacement work, or corrective work becomes necessary due to Contractor performance, the Company may:

• hire replacement labor,
• hire additional contractors,
• complete the work internally,
• back-charge all associated costs,
• offset unpaid balances,
• or pursue recovery through lawful means.

At the Company’s sole discretion, Contractor may be given the opportunity to correct defective or incomplete work at their own time and expense before replacement labor is hired.

10. Delay Damages Clause

Time is of the essence on all projects performed for or through the Company.

Contractor acknowledges that delays, absenteeism, abandonment, poor productivity, incomplete work, unsafe work practices, scheduling failures, lack of manpower, equipment failures, or failure to timely perform may create significant damages and financial losses to the Company.

Contractor agrees they may be held financially responsible for damages, costs, losses, or expenses resulting from unreasonable project delays or failure to perform.

Recoverable delay-related damages may include:

• additional labor costs,
• replacement labor,
• overtime costs,
• supervisory costs,
• administrative costs,
• equipment rental extensions,
• travel expenses,
• rescheduling costs,
• emergency labor costs,
• cleanup costs,
• project acceleration costs,
• client concessions,
• lost productivity,
• and other reasonable costs associated with Contractor-caused delays.

The Company reserves the right to offset, back-charge, withhold disputed amounts, or pursue recovery for delay-related damages permitted by law.

11. Contractor Appearance, Branding & Uniform Requirements

Contractor acknowledges that while performing work associated with the Company, they are representing BAL Home & Commercial Contracting, LLC | BHC Contracting to clients, property owners, contractors, vendors, inspectors, and the public.

Accordingly, Contractor may be required to wear:

• Company-branded shirts,
• high-visibility apparel,
• safety apparel,
• identification apparel,
• or other approved Company-branded clothing

while present on project sites, client properties, work locations, or while performing work associated with the Company.

Contractor agrees to maintain a clean, professional, and presentable appearance appropriate for construction, tree service, and client-facing work environments.

Contractor is responsible for maintaining issued apparel and uniforms in reasonable condition.

The Company reserves the right to charge, back-charge, offset, or recover costs relating to:

• lost uniforms,
• stolen uniforms,
• damaged uniforms,
• excessively worn uniforms caused by negligence or misuse,
• unreturned uniforms,
• unauthorized alterations,
• destroyed apparel,
• or failure to return issued Company property upon request or termination of the contractor relationship.

Contractor shall not use Company-branded apparel, logos, branding, or identification materials for unauthorized purposes or after termination of the contractor relationship.

Nothing in this section shall be interpreted to create an employer-employee relationship or alter Contractor’s independent contractor status.

12. Cell Phone, Headphone & Electronic Device Safety Policy

Due to the dangerous nature of construction work, active jobsite conditions, power tools, heavy equipment, elevated work, moving materials, electrical hazards, vehicle traffic, and ongoing construction operations, Contractor acknowledges that personal electronic device usage may create serious safety hazards, distractions, reduced awareness, delayed reaction times, communication failures, injuries, equipment damage, and property damage.

Accordingly, personal cell phone use while actively performing work is strictly prohibited unless specifically authorized by the Company for operational or emergency purposes.

Prohibited activities during active work operations include, but are not limited to:

• texting,
• personal phone calls,
• social media usage,
• video streaming,
• gaming,
• internet browsing,
• photography or recording for personal use,
• music streaming,
• headphone use,
• earbuds,
• Bluetooth audio devices,
• smart watches used for entertainment or communication,
• or any other unauthorized electronic distractions.

Contractors shall not wear:

• headphones,
• earbuds,
• Bluetooth hearing devices,
• noise-isolating audio devices,
• or similar electronic listening devices

while actively working or while present in active construction work zones unless specifically approved for operational or safety-related communication purposes.

Contractor acknowledges that distractions or reduced hearing may prevent awareness of

• verbal warnings,
• moving equipment,
• forklifts,
• lifts,
• falling materials,
• power tool operations,
• vehicle traffic,
• alarms,
• emergency instructions,
• or other dangerous construction site conditions.

Cell phones and electronic devices should remain secured and out of use during active work operations except during:

• authorized breaks,
• emergencies,
• or Company-authorized operational communications.

Violation of this policy may result in:

• immediate removal from the project,
• termination of the contractor relationship,
• denial of future assignments,
• safety violations,
• financial responsibility for resulting damages,
• or other disciplinary or contractual action deemed appropriate by the Company.

The Company reserves the right to prohibit any device, accessory, or conduct determined to create a safety hazard, distraction, or operational risk on a jobsite.

13.Hydration, Meals & Personal Provisions

Contractor acknowledges and agrees that, as an independent contractor/subcontractor, they are responsible for providing and maintaining their own:

• drinking water,
• hydration supplies,
• meals,
• coolers,
• weather protection,
• personal comfort items,
• and other personal necessities required for the workday.

Contractor is solely responsible for monitoring their own:

• hydration,
• physical condition,
• heat exposure,
• fatigue,
• and fitness for work.

The Company may, at its sole discretion, provide access to water, ice, shade, coolers, hydration stations, or other jobsite amenities; however, nothing in this agreement shall require the Company to provide such items unless otherwise required by law or agreed in writing.

Contractor acknowledges that construction work may involve:

• high temperatures,
• direct sunlight,
• physically demanding labor,
• dust exposure,
• outdoor conditions,
• and varying environmental conditions.

Contractor agrees to immediately stop work and notify the Company if they believe environmental conditions create an unsafe condition for continued work performance.

Failure to maintain adequate hydration, physical readiness, or safe work condition awareness may result in removal from the project for safety purposes.

14. Contractor Tool & Equipment Requirements

Contractor acknowledges and agrees that, as an independent contractor/subcontractor, they are generally expected to provide and maintain their own:

• hand tools,
• power tools,
• climbing gear,
• PPE,
• safety equipment,
• transportation,
• trade-specific equipment,
• and other tools reasonably necessary to perform the work accepted.

Failure to provide adequate tools, equipment, safety gear, or operational readiness necessary to properly perform assigned work may result in:

• removal from the project,
• reassignment,
• denial of future assignments,
• project delays being charged back,
• withholding of disputed amounts,
• or termination of the contractor relationship.

The Company may, at its sole discretion, provide certain:

• specialty tools,
• shared equipment,
• heavy machinery,
• vehicles,
• trailers,
• chainsaws,
• lifts,
• grinders,
• compressors,
• generators,
• or other Company-owned equipment

for operational convenience, project efficiency, safety, or specialized project requirements.

Any Company-provided tools or equipment remain the sole property of the Company and must be:

• properly maintained,
• properly secured,
• used only for authorized purposes,
• and returned immediately upon request.

Contractor accepts full responsibility for any Company-provided tools or equipment in their possession, custody, or control.

Contractor agrees they may be held financially responsible for:

• theft,
• loss,
• misuse,
• negligent damage,
• unauthorized use,
• destruction,
• failure to secure equipment,
• or failure to return Company-owned tools or equipment.

The Company reserves the right to:

• inspect equipment,
• restrict equipment usage,
• revoke equipment privileges,
• recover repair or replacement costs,
• issue back-charges,
• offset unpaid balances,
• withhold disputed amounts pending investigation,
• or pursue any lawful remedies available.

15. Equipment, Tools, Materials & Property Responsibility

Contractor is fully responsible for all Company property, client property, tools, trailers, chainsaws, ropes, climbing equipment, machinery, vehicles, materials, fuel, rental equipment, safety equipment, and supplies in their possession, custody, or control.

Any loss, theft, damage, disappearance, misuse, destruction, unauthorized removal, or failure to return property must be reported immediately.

Contractor agrees they may be held financially responsible for damages or losses resulting from:

• negligence,
• misuse,
• reckless conduct,
• unauthorized use,
• theft,
• intentional misconduct,
• failure to secure equipment,
• failure to follow procedures,
• or violation of safety requirements.

The Company reserves the right to:

• repair or replace damaged property,
• hire third parties for repairs or replacement,
• recover all associated costs,
• back-charge the Contractor,
• offset damages against unpaid balances,
• withhold disputed amounts pending investigation,
• or pursue any other lawful remedies available.

16. Client Property Damage

Any damage to client property must be reported immediately.

Contractor agrees to be financially responsible for damages caused by their actions, negligence, misconduct, poor workmanship, unsafe practices, failure to follow instructions, or failure to perform work to industry standards.

The Company reserves the right to:

• repair damages,
• hire outside contractors,
• purchase replacement materials,
• recover labor, fuel, supervision, administrative, and material costs,
• offset unpaid balances,
• issue back-charges,
• or pursue legal remedies permitted by law.

17. Daily Cleanup & Property Protection Clause

Contractor is responsible for maintaining clean, safe, organized, and professional work areas at all times.

Contractor agrees to properly protect all:

• structures,
• landscaping,
• turf,
• driveways,
• sidewalks,
• windows,
• fences,
• utilities,
• equipment,
• adjacent property,
• vehicles,
• and personal property located within or around the work area.

Contractor shall take reasonable precautions to prevent:

• unnecessary property damage,
• dust contamination,
• overspray,
• staining,
• spills,
• turf damage,
• utility damage,
• water intrusion,
• debris accumulation,
• trip hazards,
• and unsafe jobsite conditions.

Contractor is responsible for daily cleanup and proper disposal of:

• debris,
• scrap materials,
• trash,
• tree limbs,
• sawdust,
• nails,
• fasteners,
• packaging,
• and hazardous materials where applicable.

Failure to maintain proper cleanup or property protection standards may result in:

• corrective cleanup charges,
• additional labor charges,
• back-charges,
• removal from the project,
• withholding of unpaid balances,
• property damage liability,
• or termination of the contractor relationship.

The Company reserves the right to hire third parties or additional labor to perform cleanup, repairs, protection measures, or debris removal and recover all associated costs from the responsible Contractor.

18. Conduct & Professional Standards
Contractors are expected to conduct themselves professionally, lawfully, safely, and respectfully at all times.

Prohibited conduct includes:

• theft,
• fraud,
• assault,
• harassment,
• threats,
• illegal drug use,
• intoxication,
• unsafe conduct,
• criminal activity,
• unauthorized use of equipment,
• falsification of records,
• or intentional property damage.

The Company shall not be responsible for unlawful acts, misconduct, damages, injuries, losses, or criminal conduct committed by any Contractor.

Contractors are fully responsible for any damages, liabilities, claims, lawsuits, fines, penalties, or expenses resulting from their conduct, negligence, actions, omissions, or violations.

19. Drug & Alcohol Policy

The Company maintains zero tolerance for:

• illegal drug use,
• impairment,
• intoxication,
• or alcohol use while performing work.

Contractors involved in workplace incidents, accidents, injuries, property damage incidents, safety violations, or suspected impairment situations may be required to submit to alcohol and/or drug testing where permitted by law.

Refusal may result in immediate removal from the project and termination of the contractor relationship.

20. Injuries, Safety & OSHA Compliance

All injuries, accidents, unsafe conditions, near misses, or incidents must be reported immediately.

Contractor agrees they are solely responsible for:

• complying with OSHA requirements,
• using proper PPE,
• inspecting equipment,
• maintaining safe work practices,
• securing work areas,
• following safety procedures,
• and refusing unsafe work conditions.

Contractor acknowledges construction and tree work involve dangerous activities including:

• falls,
• electrocution,
• heavy equipment,
• chainsaws,
• climbing operations,
• falling limbs,
• rigging,
• elevated work,
• confined spaces,
• and hazardous jobsite conditions.

Contractor voluntarily accepts all risks associated with the work performed.

21. Insurance Responsibility

Unless otherwise agreed in writing, Contractor is solely responsible for maintaining:

• general liability insurance,
• commercial auto insurance,
• workers compensation coverage if applicable,
• occupational accident coverage,
• and any other insurance required by law or prudent business practices.

Failure to maintain insurance does not create liability upon the Company.

22. Chargebacks, Administrative Costs & Recovery Costs

Contractor acknowledges and agrees that damages, losses, delays, defective work, negligence, project interference, safety violations, abandonment, incomplete work, equipment misuse, or failure to perform may create substantial direct and indirect costs to the Company.

The Company reserves the right to recover, offset, back-charge, or withhold amounts relating to any costs incurred as a result of Contractor’s actions, omissions, negligence, misconduct, delays, defective work, or contractual violations.

Recoverable costs may include:

• replacement labor,
• supervisory labor,
• management time,
• administrative costs,
• cleanup labor,
• repair labor,
• emergency labor,
• project delay costs,
• return trip charges,
• fuel costs,
• disposal fees,
• dump fees,
• material replacement,
• rental extensions,
• equipment downtime,
• reinspection fees,
• permit-related costs,
• travel costs,
• hotel expenses,
• client concessions,
• legal expenses,
• insurance deductibles,
• and any other reasonable costs incurred due to Contractor performance or conduct.

23. Indemnification

Contractor agrees to defend, indemnify, and hold harmless BAL Home & Commercial Contracting, LLC | BHC Contracting, its owners, managers, representatives, clients, affiliates, and agents from any and all:

• claims,
• lawsuits,
• liabilities,
• damages,
• losses,
• injuries,
• deaths,
• penalties,
• fines,
• attorney fees,
• costs,
• and expenses

arising out of or relating to:

• Contractor’s work,
• Contractor’s negligence,
• Contractor’s conduct,
• safety violations,
• property damage,
• injuries caused by Contractor,
• violations of law,
• or breach of this agreement.

24. No Authority to Bind Company

Contractor has no authority to:

• bind the Company,
• modify contracts,
• approve pricing,
• guarantee work,
• incur debts,
• make promises,
• or enter agreements on behalf of the Company unless expressly authorized in writing.

25. Non-Solicitation

Contractor agrees not to directly or indirectly solicit, divert, contract with, or perform work for Company clients introduced through the Company without written approval for a period of 12 months following the last project assignment.

26. Photography, Video & Surveillance Consent

Contractor acknowledges and consents to:

• jobsite photography,
• video recording,
• dash cameras,
• GPS tracking,
• surveillance systems,
• and documentation of work activities

for purposes including:

• documentation,
• quality control,
• safety,
• insurance,
• training,
• legal defense,
• collections,
• and marketing.

27. Weather / Force Majeure Clause

The Company shall not be liable for delays, damages, losses, schedule changes, or inability to perform resulting from circumstances beyond the Company’s reasonable control.

Such events may include:

• severe weather,
• rain,
• lightning,
• hurricanes,
• flooding,
• wind events,
• extreme temperatures,
• fires,
• natural disasters,
• utility interruptions,
• labor shortages,
• supply shortages,
• material delays,
• transportation delays,
• equipment failures,
• fuel shortages,
• government actions,
• permit delays,
• emergencies,
• pandemics,
• civil disturbances,
• or acts of God.

The Company reserves the right to:

• suspend work,
• reschedule work,
• modify project schedules,
• remove personnel,
• secure equipment,
• delay performance,
• or terminate assignments when necessary for safety, operational, financial, or project-related reasons.

Contractor shall not be entitled to damages, lost profits, downtime claims, standby claims, or additional compensation resulting from force majeure events or project suspensions outside the Company’s reasonable control.

28. Attorney Fees & Legal Costs

In the event legal action, arbitration, collections, or enforcement proceedings arise relating to this agreement, the prevailing party shall be entitled to recover reasonable attorney fees, court costs, administrative costs, expert fees, and related expenses.

29. Arbitration & Venue

Any dispute arising from this agreement or relating to Contractor’s work or relationship with the Company shall be resolved through binding arbitration in Harris County, Texas.

Contractor agrees that Harris County, Texas shall be the exclusive venue for any legal proceeding permitted under applicable law.

30. Entire Agreement Clause

This agreement constitutes the entire agreement, understanding, and relationship between the parties relating to Contractor’s work, assignments, responsibilities, compensation, and relationship with the Company.

This agreement supersedes all prior:

• discussions,
• negotiations,
• representations,
• communications,
• policies,
• oral statements,
• text messages,
• emails,
• understandings,
• or agreements unless expressly incorporated in writing.

No verbal statements, oral promises, side agreements, or unauthorized representations shall modify or override this agreement.

Any modification, amendment, waiver, or change to this agreement must be in writing and approved by the Company.

31. Severability Clause

If any provision, clause, section, sentence, or portion of this agreement is determined by a court, arbitrator, or governmental authority to be invalid, unenforceable, or unlawful, the remaining provisions shall remain fully enforceable and in full force and effect to the maximum extent permitted by law.

The parties agree that any invalid provision shall be interpreted as closely as possible to reflect the original intent of the provision while remaining enforceable under applicable law.

32. Electronic Signature & Electronic Communications Clause

Contractor agrees that electronic communications and electronic approvals shall be considered valid, binding, and enforceable to the fullest extent permitted by law.

Electronic signatures, emailed approvals, scanned signatures, digital signatures, text message confirmations, electronic acknowledgments, electronic documents, GPS check-ins, timekeeping applications, mobile applications, and electronically transmitted records may be used for:

• agreements,
• approvals,
• work authorizations,
• assignments,
• scheduling,
• payment confirmations,
• safety documentation,
• disciplinary notices,
• equipment checkouts,
• project communications,
• and contractual acknowledgments.

Contractor agrees that electronic records and communications may be relied upon as admissible evidence in any dispute, arbitration, legal proceeding, or collection matter involving the Contractor or this agreement.

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNIFICATION & COVENANT NOT TO SUE
CONTRACTOR ACKNOWLEDGES THAT CONSTRUCTION WORK IS INHERENTLY DANGEROUS AND INVOLVES KNOWN AND UNKNOWN RISKS INCLUDING, BUT NOT LIMITED TO:

FALLS,
ELECTRICAL HAZARDS,
POWER TOOLS,
MOVING EQUIPMENT,
HEAVY MATERIALS,
ELEVATED WORK,
VEHICLE TRAFFIC,
STRUCTURAL HAZARDS,
SLIPS,
TRIPS,
FALLING OBJECTS,
DUST EXPOSURE,
NOISE EXPOSURE,
EQUIPMENT FAILURE,
JOBSITE CONDITIONS,
WEATHER CONDITIONS,
AND OTHER DANGEROUS CONDITIONS WHICH MAY RESULT IN SERIOUS BODILY INJURY, PERMANENT DISABILITY, PROPERTY DAMAGE, ILLNESS, OR DEATH.

CONTRACTOR VOLUNTARILY AND KNOWINGLY ASSUMES ALL RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE WORK PERFORMED, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, INCLUDING RISKS ARISING FROM JOBSITE CONDITIONS, EQUIPMENT, MATERIALS, OPERATIONS, OR THE ORDINARY NEGLIGENCE OF OTHERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR HEREBY RELEASES, WAIVES, DISCHARGES, AND AGREES TO HOLD HARMLESS BAL HOME & COMMERCIAL CONTRACTING, LLC | BHC CONTRACTING, ITS OWNERS, OFFICERS, MANAGERS, MEMBERS, REPRESENTATIVES, CLIENTS, PROJECT OWNERS, PROPERTY OWNERS, AFFILIATES, AGENTS, AND RELATED PARTIES (“RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, LOSSES, LIABILITIES, COSTS, EXPENSES, ATTORNEY FEES, INJURIES, DEATHS, OR CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO:

CONTRACTOR’S WORK,
CONTRACTOR’S PRESENCE ON ANY JOBSITE,
PROJECT CONDITIONS,
EQUIPMENT USE,
MATERIAL HANDLING,
JOBSITE OPERATIONS,
OR ANY INJURY, DAMAGE, OR LOSS SUSTAINED DURING PERFORMANCE OF WORK.

CONTRACTOR FURTHER AGREES THAT THEY SHALL NOT FILE, INITIATE, ASSERT, OR MAINTAIN ANY CLAIM, LAWSUIT, DEMAND, OR LEGAL ACTION AGAINST ANY RELEASED PARTY FOR INJURIES, DAMAGES, LOSSES, OR CLAIMS ARISING FROM RISKS INHERENT TO CONSTRUCTION WORK OR ARISING FROM CONTRACTOR’S OWN ACTIONS, NEGLIGENCE, OMISSIONS, SAFETY VIOLATIONS, FAILURE TO FOLLOW PROCEDURES, OR FAILURE TO MAINTAIN SAFE WORK PRACTICES.

CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, FINES, PENALTIES, COSTS, EXPENSES, OR ATTORNEY FEES ARISING OUT OF OR RELATED TO:

CONTRACTOR’S WORK,
CONTRACTOR’S NEGLIGENCE,
CONTRACTOR’S MISCONDUCT,
SAFETY VIOLATIONS,
PROPERTY DAMAGE,
BODILY INJURY,
DEATH,
VIOLATIONS OF LAW,
OSHA VIOLATIONS,
OR BREACH OF THIS AGREEMENT.
CONTRACTOR ACKNOWLEDGES THAT:

THEY HAVE CAREFULLY READ THIS SECTION,
THEY UNDERSTAND ITS LEGAL EFFECT,
THEY UNDERSTAND THEY ARE WAIVING CERTAIN LEGAL RIGHTS,
THEY HAVE BEEN GIVEN THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL,
AND THEY VOLUNTARILY AGREE TO THESE TERMS.

THIS SECTION SHALL BE ENFORCED TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE TEXAS LAW.

ACKNOWLEDGMENT, ACCEPTANCE & EXECUTION
BY SIGNING BELOW, CONTRACTOR ACKNOWLEDGES, REPRESENTS, WARRANTS, AND AGREES THAT:

Contractor has carefully read this entire agreement in its entirety;
Contractor fully understands all terms, conditions, policies, procedures, responsibilities, liabilities, waivers, releases, and obligations contained herein;
Contractor has had the opportunity to ask questions regarding this agreement;
Contractor has had the opportunity to seek independent legal counsel prior to signing;
Contractor is voluntarily entering into this agreement knowingly and without coercion;
Contractor understands that certain provisions of this agreement include waivers of legal rights and limitations of liability;
Contractor understands that construction work involves dangerous activities and inherent risks of bodily injury, property damage, disability, and death;
Contractor agrees to comply with all Company policies, safety procedures, operational standards, and project requirements;
Contractor acknowledges they are acting as an independent contractor/subcontractor and not as an employee of the Company;
Contractor understands that failure to comply with this agreement may result in removal from projects, withholding of disputed amounts, termination of the contractor relationship, back-charges, legal action, or other remedies permitted by law;
Contractor acknowledges that this agreement is intended to be legally binding and enforceable to the fullest extent permitted under applicable law.
CONTRACTOR FURTHER ACKNOWLEDGES THAT THEY ARE SIGNING THIS AGREEMENT FREELY, VOLUNTARILY, AND WITH FULL UNDERSTANDING OF ITS LEGAL EFFECT.

I authorize BAL Home & Commercial Contracting, LLC | BHC Contracting to verify all the information including my background check, employment history, and references I have given and attest that it is true and correct to the best of my knowledge. BAL Home & Commercial Contracting, LLC | BHC Contracting will verify this information by contacting previous employers or with a 3rd party verification agency. I understand that by signing below, I am verifying that I have read, understood and agree to these terms.F

Please be honest in answering these quesions(s). Having a conviction will NOT necissarlily disqualify you from employment.

LYING on the application WILL. 

I authorize all parties of BAL Home & Commercial Contracting, LLC | BHC Contracting to attain a full criminal background report and/or a consumer credit report as necessary. I fully understand that negative entries on either will not disqualify me for employment in any way. I understand that by signing below, I am verifying that I have read, completely understood and consent to the terms above. I agree to have my personal information used to obtain my criminal background and consumer credit reports and that I will consent to drug screening if required or requested. I also understand that I am responsible for the costs incurred by BAL Home & Commercial Contracting, LLC | BHC Contracting to attain these items. I understand that information on these reports are compiled and reported by outside agencies and that BAL Home & Commercial Contracting, LLC | BHC Contracting is not responsible for inaccurate or incomplete information that may limit or exclude my employability.