Flooring Installation Agreement
TEMPLATE — Residential & Commercial — Oklahoma. Recommended: have an Oklahoma attorney review before use.
1. Parties and Project
Contractor: Cougar King Epoxy LLC, an Oklahoma limited liability company, Nathan Cross, Member • (405) 896-2876 • cougarkingepoxy@yahoo.com
Customer / Owner: ______________________________________
Phone: ________________ Email: _________________________
Project Address: _________________________________________
Property type: [ ] Residential — owner-occupied [ ] Residential — not owner-occupied [ ] Commercial
If Customer is not the owner, owner name & address: ____________________________
Estimate / Bid No.: ____________ Agreement Date: ____________
2. Scope of Work
Area(s): ______________________________ Approx. square feet: ________ sq ft
System: [ ] Full-broadcast flake [ ] Metallic epoxy [ ] Solid-color epoxy [ ] Quartz [ ] Polyaspartic/Polyurea [ ] Urethane cement [ ] Grind & seal / Polished concrete [ ] Other: ____________
Products / topcoat: ___________________________________
Colors / flake blend / finish: ___________________________ Sheen/texture: __________
Surface prep: [ ] Diamond grind [ ] Shot blast [ ] Crack & joint repair (up to ____ lin. ft included) [ ] Coating/adhesive removal [ ] Other: ____________
Included: [ ] Cove base / stem wall ____ lin. ft [ ] Joint fill [ ] Floor protection [ ] Other: ____________
Excluded unless listed: Moving contents, concrete replacement or leveling, moisture mitigation systems, structural repair, testing, permits, and work outside the listed areas.
The attached Estimate/Bid is part of this Agreement. If it conflicts with this Agreement, this Agreement controls unless the Estimate expressly says otherwise.
3. Price and Payment — 50% Down / 50% at Completion
Contract Price: $____________ (includes applicable sales tax on materials unless stated)
Deposit (50%) due at signing: $____________
Final Payment (50%) due at Substantial Completion: $____________
3.1 Deposit reserves your date. Your installation date is reserved only when the signed Agreement and the 50% deposit are received. The deposit pays for scheduling, material ordering, and crew commitment and is non-refundable once paid, except as required by law (see the Notice of Cancellation, if it applies) or if Contractor cancels without cause. If Customer reschedules with at least ____ days' notice, the deposit is credited to the new date (one reschedule; subject to availability).
3.2 Final payment and acceptance. The remaining balance, plus approved change orders, is due in full on the day the work is substantially complete — when the coating is installed and usable for its intended purpose except for cure time. Punch-list items totaling less than $________ (or 2% of the Contract Price if left blank) do not delay or reduce final payment; Contractor will complete them promptly. Payment of the final balance, or use of the floor, constitutes Customer's acceptance of the work and its appearance, subject only to the Warranty.
3.3 How to pay. Online by card or bank transfer (ACH) through the QuickBooks payment link we send, or by check or cash. Card payments are processed through QuickBooks Payments.
3.4 Late payment. Balances not paid within ____ days of the due date accrue a late charge of 1.5% per month (18% per year) or the highest rate allowed by law, whichever is less, plus a returned-payment fee of $____. Customer pays reasonable collection costs and attorney fees to the extent allowed by Oklahoma law. Contractor may suspend work while any payment is overdue.
3.5 Warranty depends on full payment. The Five-Year Limited Workmanship Warranty takes effect only after payment in full.
4. Existing Slab Conditions — Customer Risk
4.1 Contractor did not design, pour, or finish the concrete and does not warrant it. Coating performance depends entirely on the slab. To the fullest extent permitted by law, Contractor is not responsible for any failure, cracking, delamination, discoloration, or defect caused by existing or future slab conditions, including: cracks of every kind; settlement, heaving, curling, deflection, or slab movement; expansive soils (including Oklahoma red clay), soil movement, and foundation movement; oil, grease, chemical, or other contamination absorbed into the concrete; prior sealers, paints, curing compounds, or coatings; weak, soft, porous, dusting, scaling, spalling, or poorly finished or improperly cured original concrete; voids; and corroded reinforcement.
4.2 Cracks and crack repair. Crack and joint filling is performed as a cosmetic courtesy only. Cracks and joints are expected to move and will likely reappear (reflect/telegraph) through the coating. There is no warranty on crack reflection, crack repairs, joint fillers, or new cracks.
4.3 Hidden conditions. If grinding reveals a hidden condition that requires extra work, Contractor may stop and issue a written change order and is not required to proceed until it is signed. Customer may instead elect to proceed without the extra work, in which case any resulting failure is Customer's risk.
4.4 Grinding produces dust and noise. Dust may reach nearby areas. Customer must cover or remove sensitive items before work starts, and cleaning dust from the work area, surrounding areas, contents, or HVAC is Customer's responsibility, not Contractor's.
Customer initials — Slab Conditions Waiver: ________
5. Moisture — Customer Risk and Moisture Testing Election
5.1 All moisture-related failures are excluded. Concrete constantly exchanges moisture with the ground and air, and many slabs have no vapor barrier. A moisture test is only a snapshot of conditions at the time and spots tested; conditions change with weather, groundwater, plumbing, and drainage, and no contractor can control them. To the fullest extent permitted by law, regardless of which option below is chosen and regardless of any test result, Contractor is NOT responsible for any blistering, bubbling, delamination, loss of bond, efflorescence, staining, or other failure caused in whole or in part by moisture, including moisture vapor transmission (MVT); hydrostatic pressure; high or rising water tables or groundwater; burst, broken, or leaking plumbing, supply or sewer lines, or drains; slab leaks; flooding or standing water; changes in grading, gutters, downspouts, or drainage; irrigation and sprinklers; condensation; and the absence or failure of a vapor barrier under the slab.
5.2 Testing does not create liability. Moisture testing — by Contractor or anyone else — is informational only. It is not a guarantee, does not shift moisture risk to Contractor, and does not create any warranty. The only exception is a moisture-mitigation system that Contractor sells and separately warrants in writing.
5.3 Moisture Testing Election. Customer must initial ONE option:
[ ____ ] Option A, Cougar King testing: Customer hires Cougar King Epoxy to perform moisture testing for $500.00 for areas up to 2,000 sq ft (areas over 2,000 sq ft are quoted on request), added to the Contract Price and paid before installation. If results exceed the coating manufacturer's limits, Contractor will provide a change order for a moisture-mitigation system, or either party may cancel and the deposit will be refunded less the moisture testing fee.
[ ____ ] Option B, Independent third-party testing: Customer hires an independent, qualified testing company at Customer's own cost and gives Cougar King Epoxy the written results before the installation date. If results are not received before installation, Option C applies. Results over the manufacturer's limits are handled as in Option A.
[ ____ ] Option C, Customer declines testing: Customer declines moisture testing and accepts all moisture risk. If no option is initialed, Option C applies.
Customer initials — Moisture Waiver (I understand all moisture failures are my risk under every option): ________
6. Change Orders
Any change in scope, area, system, color, or schedule, or extra work due to hidden conditions, must be in a written change order (paper, text, or email accepted by Customer) stating the work and the price and time adjustment. Change orders are payable with the final payment unless stated otherwise. Color and flake selections are final once materials are ordered or mixed; later changes are charged to Customer.
7. Schedule, Weather, and Force Majeure
7.1 Target start date: ____________ Estimated duration: ____ days. Dates are estimates, not guarantees, and Contractor is not liable for delay damages.
7.2 Coatings require suitable temperature and humidity (generally slab and air temperatures between about 50°F and 90°F and at least 5°F above dew point, or as the manufacturer requires). Contractor may reschedule without penalty for weather, humidity, temperature, tornado or storm conditions, or unsafe site conditions.
7.3 Force majeure. Contractor is not liable for delay or non-performance caused by events beyond its reasonable control, including acts of God, severe weather, fire, flood, earthquake, utility failure, material shortages or supplier delays, price spikes, labor shortages, illness, accidents, government orders, epidemics, war, or civil unrest. The schedule extends by the length of the delay.
7.4 Delays caused by Customer (access, unfinished trades, changes, failure to clear the area) extend the schedule and incur a remobilization fee of $________.
8. Customer Responsibilities, Access, and Pets
• Remove vehicles, stored items, furniture, shelving, and equipment from the work area before arrival. If Contractor moves items, it does so as an extra charge and is not responsible for damage to them.
• Provide clear, safe access on the scheduled dates, working electricity (110V/220V as needed), water, and space to park and stage equipment.
• Keep children, pets, employees, and visitors out of the work area during installation and the full cure period. Pet prints, hair, debris, and damage from pets or people entering the area are not defects and will be repaired at Customer's cost.
• Disclose all known conditions in writing before work begins: prior coatings or sealers, oil or chemical spills, radiant heat, moisture or water problems, leaks, drainage issues, previous repairs, foundation movement, and in-slab utilities.
• Commercial: arrange shutdowns, ventilation, after-hours access, and notify occupants of odor and noise. Obtain any required permits or site approvals.
9. Cure Time, Use, and Care
Foot traffic: after ____ hours. Vehicles / heavy items: after ____ days. Full chemical cure: ____ days. Contractor will confirm times at completion.
To the fullest extent permitted by law, Contractor is not responsible for damage caused by Customer or third-party use or misuse, including: driving or parking before the vehicle cure time and hot-tire pickup; studded tires and tire chains; dragging or sliding furniture, equipment, or vehicles; jack stands, kickstands, or trailer tongues without pads; dropped objects and impact; chemicals, fuels, oils, brake fluid, battery acid, solvents, fertilizer, and pool chemicals; de-icing salts and ice melt; improper cleaners, abrasive pads, wire brushes, or excessive pressure washing; grills, fire pits, welding, grinding, or sparks; and failure to follow the Care Guide in the Warranty.
UV and wear: Epoxy and other non-UV-stable systems will yellow, amber, or fade in sunlight; this is normal and not a defect unless a UV-stable topcoat is specified in the Scope. Scratches, scuffs, tire marks, loss of gloss, and normal wear are expected and are not defects.
10. Finish Selection, Slip Resistance, and Appearance
10.1 Customer chooses the finish. Customer selects the system, color, flake, sheen, and texture. Contractor has offered an anti-slip (grit/aggregate) additive for $________.
[ ____ ] Customer ACCEPTS the anti-slip additive. [ ____ ] Customer DECLINES the anti-slip additive.
10.2 Slip hazard acknowledgment. All coated floors, with or without additive, can be slippery when wet, oily, icy, dusty, or contaminated. Customer accepts responsibility for keeping the floor clean and dry, using mats, and warning family, employees, tenants, and guests. If Customer declines the additive, Customer waives, to the fullest extent permitted by law, any claim against Contractor based on the floor's slip resistance.
10.3 Natural variation. Decorative coatings are hand-applied. Color, pattern, flake distribution and density, metallic flow, veining, cells, and sheen will vary from samples, chips, photos, online visualizers, prior jobs, and from area to area. Minor imperfections — including dust nibs, small particles, roller or trowel marks, minor bubbles, slight texture variation, and imperfections visible only at low angles or in certain light — are normal and are not defects.
10.4 Walkthrough and aesthetic acceptance. Customer (or an authorized representative) will do a walkthrough with Contractor at completion. Any appearance concerns must be identified in writing at the walkthrough. Appearance items not listed then are accepted. If Customer is not present, appearance is accepted at completion.
Customer initials — Finish Variation & Slip Acknowledgment: ________
10.5 Cleanup. Contractor will haul off its own empty containers and job trash. Contractor does not clean dust or do any other cleaning; that is Customer's responsibility. Hazardous waste is disposed of as required by law.
11. Insurance and Safety
Contractor maintains general liability insurance and will provide a certificate on request. Coatings and solvents may produce odors; ventilate as instructed. Customer must not allow open flames, pilot lights, or ignition sources near the work area during installation; Customer is responsible for turning off pilot lights (water heaters, furnaces) when asked.
12. Warranty
The Cougar King Epoxy Five-Year Limited Workmanship Warranty is attached and part of this Agreement and is the only warranty provided. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, AND WORKMANLIKE PERFORMANCE, and any warranty arising from course of dealing or trade usage.
13. Limitation of Liability and Exclusive Remedy
13.1 Exclusive remedy. Customer's sole and exclusive remedy for any claim relating to the work is repair or recoating of the affected area, at Contractor's option, under the Warranty.
13.2 Cap. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR'S TOTAL LIABILITY FOR ALL CLAIMS OF ANY KIND (contract, warranty, negligence, strict liability, statute, or otherwise) SHALL NOT EXCEED THE AMOUNT CUSTOMER ACTUALLY PAID UNDER THIS AGREEMENT.
13.3 No consequential, incidental, or property damages. TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR IS NOT LIABLE FOR indirect, incidental, consequential, special, exemplary, or punitive damages, or for damage to other property, including vehicles, contents, inventory, walls, cabinets, and fixtures; mold, mildew, or water damage; loss of use; lost profits or business interruption; delay; rental, storage, lodging, or moving costs; and diminished property value.
13.4 These limits apply even if a remedy fails of its essential purpose, and were a basis for the price.
Customer initials — Liability Cap & Remedy Limitation: ________
14. Customer Indemnity, Hold Harmless, and Release
14.1 Indemnity. To the fullest extent permitted by law (including 15 O.S. § 221), Customer shall indemnify, defend, and hold harmless Cougar King Epoxy LLC and its members, employees, and subcontractors from claims, damages, and costs (including reasonable attorney fees) to the extent arising from: (a) conditions Customer knew or reasonably should have known about and did not disclose in writing (including moisture, leaks, drainage, contamination, prior coatings, and slab movement); (b) Customer's or its family's, tenants', employees', invitees', or pets' entry into the work area or use of the floor before cure; (c) slip-and-fall or other incidents on the floor after completion not caused by Contractor's negligence; and (d) Customer's breach of this Agreement. This indemnity does not apply to the extent of Contractor's own negligence or fault.
14.2 Release. To the fullest extent permitted by law, Customer releases Contractor from all claims arising from the excluded conditions and risks Customer has accepted in Sections 4, 5, 9, and 10. This release does not apply to Contractor's fraud, willful misconduct, or gross negligence.
15. Claims Period and Notice
15.1 Notice. Customer must give Contractor written notice of any claim within thirty (30) days after discovering it, with photos, and allow inspection and a reasonable opportunity to cure before any repair by others. Failure to give timely notice waives the claim to the extent permitted by law.
15.2 Shortened limitations period. To the fullest extent permitted by law, any lawsuit or arbitration arising from this Agreement or the work must be commenced within one (1) year after the claim arises (and for warranty claims, no later than one year after the end of the warranty term).
15.3 Third-party repairs. If anyone other than Contractor repairs, recoats, grinds, alters, or covers the floor without Contractor's written consent, all warranty coverage and claims for the affected area end, and Contractor will not reimburse those costs.
16. Dispute Resolution, Fees, and Venue
16.1 Negotiation, then mediation. The parties will first try in good faith to resolve any dispute directly. If unresolved within 30 days after written notice, the dispute goes to non-binding mediation in Seminole County, Oklahoma, with costs shared equally.
16.2 Binding arbitration. Any dispute not resolved by mediation shall be finally decided by binding arbitration before a single arbitrator in Seminole County, Oklahoma, under the Oklahoma Uniform Arbitration Act (12 O.S. § 1851 et seq.) and, to the extent applicable, the Federal Arbitration Act. Judgment on the award may be entered in any court with jurisdiction. Either party may instead bring a claim in Small Claims Court if it qualifies. Contractor may also file and enforce a mechanic's lien and bring any action required to preserve or foreclose it, which may then be stayed pending arbitration.
16.3 Venue. For any court proceeding permitted by this Agreement or the law, the exclusive venue is the District Court of Seminole County, Oklahoma, to the extent permitted by law.
16.4 Jury. Oklahoma law generally does not enforce pre-dispute jury waivers (Okla. Const. art. XXIII, § 8), so the parties use arbitration instead. If arbitration is found unenforceable and a jury waiver becomes enforceable, the parties waive a jury to the fullest extent permitted by law.
16.5 Attorney fees and collection costs. The prevailing party in any dispute is entitled to its reasonable attorney fees, arbitration and court costs, and expert fees. Customer also pays all costs of collecting unpaid amounts, including collection agency fees, lien filing and release fees, and attorney fees, to the extent permitted by law.
16.6 Oklahoma law governs this Agreement.
17. Lien Rights
Contractor reserves its rights under Oklahoma mechanic's and materialmen's lien law (42 O.S. § 141 et seq.), including the right to file a lien statement for unpaid amounts within the time allowed by law (generally four months after last furnishing labor or materials). For owner-occupied dwellings, Contractor will comply with the pre-lien notice requirements of 42 O.S. § 142.6.
NOTICE TO OWNER (residential — owner-occupied property; 42 O.S. § 142.1):
YOU ARE HEREBY NOTIFIED THAT ANY PERSON PERFORMING LABOR ON YOUR PROPERTY OR FURNISHING MATERIALS FOR THE CONSTRUCTION, REPAIR, OR IMPROVEMENT OF YOUR PROPERTY WILL BE ENTITLED TO A LIEN AGAINST YOUR PROPERTY IF HE IS NOT PAID IN FULL, EVEN THOUGH YOU MAY HAVE PAID THE FULL CONTRACT PRICE TO YOUR CONTRACTOR. THIS COULD RESULT IN YOUR PAYING FOR LABOR AND MATERIALS TWICE. THIS LIEN CAN BE ENFORCED BY THE SALE OF YOUR PROPERTY. TO AVOID THIS RESULT, YOU MAY DEMAND FROM YOUR CONTRACTOR LIEN WAIVERS FROM ALL PERSONS PERFORMING LABOR OR FURNISHING MATERIALS FOR THE WORK ON YOUR PROPERTY. YOU MAY WITHHOLD PAYMENT TO THE CONTRACTOR IN THE AMOUNT OF ANY UNPAID CLAIMS FOR LABOR OR MATERIALS. YOU ALSO HAVE THE RIGHT TO DEMAND FROM YOUR CONTRACTOR A COMPLETE LIST OF ALL LABORERS AND MATERIAL SUPPLIERS UNDER YOUR CONTRACT, AND THE RIGHT TO DETERMINE FROM THEM IF THEY HAVE BEEN PAID FOR LABOR PERFORMED AND MATERIALS FURNISHED.
Owner initials acknowledging notice: ________
18. Right to Cancel (Home Solicitation Sales)
If this Agreement was signed at the Customer's home or another place that is not Contractor's place of business, and the price is $25 or more, Customer may cancel without penalty within three (3) business days after signing under the FTC Cooling-Off Rule (16 C.F.R. Part 429) and the Oklahoma Home Solicitation Sales Act (14A O.S. § 2-501 et seq.). In that case the deposit will be refunded within 10 business days. To cancel, send or deliver a signed, dated written notice to Cougar King Epoxy LLC at the address/email above by midnight of the third business day. A separate Notice of Cancellation form should be provided where required.
19. General
19.1 Entire agreement. This Agreement, the Estimate, the Warranty, and signed change orders are the entire agreement and replace all prior statements, ads, texts, and discussions. No salesperson or employee can change them; changes must be in writing signed by Nathan Cross or another authorized member.
19.2 Electronic signatures. The parties agree to sign and receive documents electronically under the Oklahoma Uniform Electronic Transactions Act (12A O.S. § 15-101 et seq.). Accepting the Estimate online, typing a name, checking "I agree," or initialing electronically has the same effect as a handwritten signature or initials.
19.3 Photos. Contractor may photograph the completed work for marketing without showing the address or personal information. [ ] Customer opts out.
19.4 Subcontractors. Contractor may use qualified subcontractors.
19.5 Severability and savings. If any provision is found unenforceable, it will be enforced to the maximum extent permitted by law and the rest of the Agreement remains in full effect.
19.6 No waiver. Contractor's failure to enforce any term is not a waiver.
19.7 Authority. The person signing for Customer confirms he or she owns the property or is authorized by the owner to sign this Agreement.
20. Customer Acknowledgment
By initialing and signing, Customer confirms that Customer: (a) has read and understands this entire Agreement and the Warranty; (b) had the opportunity to ask questions and to consult an attorney; (c) is not relying on any promise not written here; and (d) specifically agrees to the Moisture Waiver, Slab Conditions Waiver, Finish Variation & Slip Acknowledgment, and Liability Cap initialed above.
Customer initials — I have read and agree to the entire Agreement: ________
Signatures
Customer Signature: _____________________________ Date: __________
Printed Name / Title: ___________________________
Cougar King Epoxy LLC, by: _______________________ Date: __________
Nathan Cross, Member
