Janitorial Contract

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Updated Oct 30, 2023
~ 6 pages
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Janitorial, or cleaning, businesses can use janitorial contracts to protect themselves when providing their services to property owners. By signing the contract, the custodian and the property owner are more likely to share a common understanding of services, payment, and hours of service. Create your janitorial contract template on Lawrina by answering simple questions and get a final PDF document on your device for immediate use.
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Template Description

Paper titled "Janitorial Contract", woman standing with a mop, man throwing a paper bundle, office desk between them

Templates combine the flexibility of a customizable document with the certainty of a legally enforceable document. Owners need to control all possible aspects of their operations, and they need to know that a person or entity will back them up.

When people use a janitorial services contract template from Lawrina, they create legally enforceable documents that are downloadable and tailored to their needs with just a few clicks by answering specific questions.

What Is a Janitorial Contract?

A janitorial contract template is especially important today. Individuals have many responsibilities which must be listed in the janitorial contract. Generally, they’re responsible for sanitization and other health and safety measures.

Additionally, janitors must visually inspect climate control devices, like fans and HVAC vents, to ensure no mold or other possible airborne danger is visible. Finally, janitors must address fall hazards, such as wet spots on floors.

Legally, a janitorial or other contract has three basic elements: offer/acceptance, consideration, and mutuality. The offer and acceptance must be clear and negotiable, and the contract can be void if one of the parties has grossly unequal bargaining power.

Additionally, there must be valid consideration for the parties and a mutual consensus for a contract to be valid.

Parties of the Janitorial Contract

Most janitorial contracts have two parties: the janitor and the employer. These could be legal entities, independent contractors, or employees.

We should pause briefly and explain the difference between a party and a third-party beneficiary. Assume Peter agrees to be XYZ Company’s janitor. The contract stipulates that ABC Company will furnish all janitorial supplies. Although mentioned in the janitorial contract, ABC Company is a third-party beneficiary. If Peter uses a different supply company, XYZ Company could sue for breach of the janitorial contract, but ABC Company has no legal rights.

Key Terms

A good janitorial contract template or a commercial cleaning contract sample is like a good speech. The template covers all the important points but doesn’t drag on and on. These key terms include:

  • Parties: Generally, parties cannot assign their rights and obligations. So, if XYZ uses a payroll company, which is a third-party beneficiary, the contract terms must spell out this arrangement.

  • Activities: “Clean the office every day” is a vague and meaningless phrase. At the same time, the janitorial contract need not include every specific detail. 

  • Warranty: The janitorial contract should include quality and service warranties (guarantees). Janitors have very important responsibilities, and employers must have assurances that they’ll follow through with these tasks. 

  • Indemnification: An indemnification is a strong and specific liability waiver. If Party A indemnifies its work, if that work does not meet Party B’s standards or expectations, Party A must correct the situation. Furthermore, an indemnification usually applies to a specific activity, such as a particular janitorial service.

  • Breach: The contract should draw a line between breaches and non-breaches. For example, per the janitorial services contract, if janitors come to work late three times a month, they might be in breach of their contracts.

Usually, if disputes arise, the four-corners rule applies. The printed contract is the entire agreement. If Peter’s boss accommodates Peter’s schedule and suddenly stops doing so unless the change is in writing, Peter might be out of luck.

Why Are Commercial Janitorial Contracts Important?

A written contract is like a roadmap. All parties clearly understand all terms. Furthermore, a written janitorial contract gives the agreement an air of formality. When people get it in writing, you know they’re serious.

Oral janitorial contracts are legally enforceable. However, without any written evidence, it’s much harder to prove or disprove the terms of these deals.

What Happens If I Opt Not To Make a Contract for Janitorial Services?

If the parties don’t use a good janitorial contract template to prepare an agreement, the opposite happens.

Disputes inevitably arise during an employer/employee relationship. Written janitorial services contracts eliminate uncertainty in these situations.Without a written contract, the parties are free to make up the details as they go along.

Some janitorial services relationships should be informal, usually depending on the length and nature. For example, if Jane occasionally helps Sarah with cleaning her house and misses a day, Sarah may not mind and handle it by herself. On the other hand, if the contract is for an extended period of time, consistent cleaning is important. A clear, written contract avoids this problem.

What Is Included in a Janitorial Services Contract?

A janitorial contract template can help avoid disputes on the validity of the terms of services. Usually, contracts include the following:

  1. Preamble (names, dates, parties, and identification of pronouns, like the Client and Contractor)

  2. Recitals (background to the agreement)

  3. Promises (usually preceded by ‘Now’ ‘Therefore’ or similar language)

  4. Definitions

  5. Actions

  6. Warranties and Representations (an assertion that certain facts are true like the janitor is legally authorized to work in the United States)

  7. Covenants

  8. Conditions

  9. General Provisions (such as choice of law, disclaimers, and arbitration clause)

There’s nothing magical about these components of a contract. Later, if a judge or arbitrator must resolve a dispute, predictable components make the contract easier to read.

Many contracts have arbitration clauses. Arbitration is a private trial. Generally, the arbitration process is much faster than the judicial process. Furthermore, when parties arbitrate their disputes, they don’t hang their dirty laundry for everyone to see.

How To Write a Janitorial Contract?

It is essential to create a janitorial contract that is legally enforceable and outlines all the details of services. Lawrina streamlines the process by providing legally sound, pre-designed contract templates. Users have a choice to customize clauses according to their needs, can fill in necessary details, and download professional contracts in minutes.

1. Fill Out the Necessary Information

Our janitorial contract templates are easy to use, fill in the blanks templates. If vital information, like names and dates, is at your fingertips, the janitorial contract template might only take a few minutes to customize. A clear and enforceable janitorial services contract gets the employer-employee relationship off to a good start.

2. Coordinate With the Counterpart

An enforceable janitorial contract includes a meeting of the minds. Simply emailing the contract to the janitor for their signature might transform the document into a contract of adhesion.

3. Negotiate Essential Terms of the Contract

Janitorial employment agreements aren’t janitorial contracts unless all terms are fully negotiable. These negotiations need not be protracted. In fact, they shouldn’t be extensive. A potential employee unwilling to fully embrace all janitorial contract terms is probably not someone you want on your team.

4. Signing

If parties agree to the terms and conditions of the contract, a signature is required by both to make the contract enforceable and binding.

Why & When Use a Janitorial Contract

A janitorial contract helps define the responsibility of the cleaner, payment schedules, the schedule for cleaning, and other terms. It plays an important role in establishing clear expectations and ensuring consistency and quality of the work. If you have a commercial space, it might be a good idea to draft such a contract.

Common Use Cases

A janitorial contract doesn’t just go on a shelf or an email subfolder. A well-drafted contract, based on a good janitorial contract template, helps employers and employees resolve everyday disputes without arguing and creating hard feelings.

These contracts are more common where professional cleaning is required in a commercial setting. For instance, facilities like educational campuses, hospitals, office buildings, and government and municipal buildings.

When Not To Use a Janitorial Contract

A janitorial contract might not be required if your company has a DIY policy where everyone is encouraged to keep the place clean. Similarly, for one-time agreements for cleaning workspaces, it might be unnecessary to draft a full contract.

A janitorial contract might not be required if your company has a DIY policy where everyone is encouraged to keep the place clean. Similarly, for one-time agreements for cleaning workspaces, it might be unnecessary to draft a full contract.

Legal Disclaimer

Please note that Lawrina does not provide any legal services. The information on Lawrina’s Site and its downloadable content, including legal articles and templates, shall not be considered legal advice and is not guaranteed to be correct, complete, and up-to-date. If you require legal advice on your issue, we recommend you contact a qualified attorney licensed in your state. You personally assume full responsibility for any consequences, damages, and costs associated with your use of any content of Lawrina Services available on Lawrina’s Site. 

By using Lawrina’s Site you agree with mentioned above and give your irrevocable consent to comply with and to be bound by the provisions of Lawrina Service terms.

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Frequently Asked Questions

What should I do after I have created a cleaning service contract?

After you customize the janitorial service contract template, simply present it to the employee. Give the employee a fair opportunity to review the document and suggest changes. In fact, employers should insist that employees review contracts. Otherwise, a court might consider the document a contract of adhesion.

Is it possible to have my janitorial agreement reviewed by someone?

Our templates are specially designed to address all concerns of all parties. Nevertheless, if you want an independent review, that’s certainly possible. We recommend that a lawyer and a friend or business associate review the janitorial contract. A lawyer identifies any legal deficiencies. A friend or associate evaluates the contract’s readability level.

What happens if the cleaning service provider damages property during the cleaning process?

A janitorial service contract covers such contingencies. Generally, if the cleaning service provider pays for the damage, the owner drops the matter. If the parties cannot work out a settlement, the owner has legal options, usually in small claims court (justice court), unless the amount of damage exceeds the court’s jurisdictional maximum, usually about $50,000. Additional options are available in these cases.

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