Terms of Service & Deposit Policy

Effective January 1, 2026. Martin's Budget Painting, Bothell, WA 98011 · [email protected]

1. Who these terms apply to

These Terms of Service ("Terms") are a binding agreement between Martin's Budget Painting ("Contractor," "we," "us") and the person or entity requesting or purchasing services ("Customer," "you"). They apply to this website, to any estimate, booking or deposit made through it, and to all painting and related services we perform, unless a signed written contract for a specific project says otherwise.

Order of precedence. If a signed project contract or written proposal conflicts with these Terms, the signed project contract controls for that project. These Terms fill any gaps.

2. Estimates and proposals

1. Online figures are not offers. Prices, packages, ranges and the online cost estimator on this site are general information for budgeting only. They are not quotes, offers, or guarantees of price, and they do not create a contract.
2. The written proposal is the price. A binding price exists only in a written proposal issued by us after an on-site walkthrough, identifying the specific surfaces, number of coats, products, and scope.
3. Validity. Written proposals are valid for 30 days from issue unless stated otherwise. Material prices move, and we cannot hold a price indefinitely.
4. Scope is what is written. Surfaces, rooms, elevations and items not expressly listed in the proposal are excluded. If it is not on the proposal, it is not in the price.

3. Deposit — 50% required before any painter is dispatched

1. What the deposit is for. The deposit reserves your date on our production calendar, removes that capacity from other customers, and covers the crew time and the consumable materials we supply (primer, patching compound, caulk, tape, masking film and drop cloths). It does not include paint — see Section 3A.
2. When it is charged. The deposit is charged only after you have received and approved a written proposal. Selecting a date on this website does not charge you. Nothing is charged until you complete checkout.
3. How it is paid. Card and ACH payments are processed by our payment processor, Stripe, Inc. We also accept check and Zelle. We do not accept cash deposits and we will never ask you to wire funds, pay by gift card, or pay to a personal account.
4. Applied to the total. The deposit is applied in full against your contract price. It is not an additional fee.
5. Refundability. The deposit is fully refundable if you cancel within the window described in Section 8. Once work has commenced, or once we have purchased project-specific consumables at your direction, the deposit becomes non-refundable to the extent of costs actually incurred and calendar capacity irrevocably committed, as described in Section 8. Paint you purchased is yours regardless — we never hold it and never refund it, because you bought it directly.
6. Larger projects. On projects where a progress-payment schedule is written into the signed contract, that schedule governs and replaces the single-deposit structure.

3A. Materials — you supply the paint

1. What you supply. All finish paint and stain for the project, in the colours, product lines, sheens and quantities we specify in writing, delivered to the property before the scheduled start date.
2. What we supply. All labour, plus primer where it is required, patching compound, caulk, tape, plastic, masking film, drop cloths, brushes, rollers, sprayers, ladders and staging.
3. We tell you exactly what to buy. After the walkthrough you receive a written materials list: product line, sheen, colour name and code, and quantity per surface. You buy it at retail, at your own cost, and any leftovers are yours to keep for touch-ups.
4. If the paint is not on site. If the specified paint has not been delivered by the scheduled start, we may reschedule and a trip charge under Section 6.5 may apply. Painting cannot begin without it.
5. If you supply something different. If you buy a product, sheen or quantity other than the one we specified, we will tell you before we open the can. If you ask us to proceed anyway, we will do so, but the workmanship warranty in Section 9 does not cover defects attributable to that product, and additional coats needed for coverage are billable as a change order under Section 5.
6. Quantity shortfalls. Coverage estimates are made in good faith from measured areas. Texture, porosity and colour change can consume more paint than estimated. If more is needed mid-project, you purchase it; we will give you as much notice as we can.
7. We do not mark up materials. We take no commission, rebate or markup on paint you purchase.

4. Balance and payment terms

1. The remaining 50% is due upon substantial completion — meaning the work described in the proposal is finished and the property can be used for its intended purpose — following the final walkthrough described in Section 6.
2. Final invoices are due on receipt, net 7 days.
3. Undisputed amounts more than 10 days past due may accrue interest at 1% per month (12% per year) or the maximum permitted by Washington law, whichever is less.
4. Minor punch-list items do not justify withholding the entire balance. You may withhold a reasonable amount proportionate to the value of the unfinished item until it is corrected.
5. Returned checks and failed ACH transfers are subject to a $35 fee.
6. If collection becomes necessary, you agree to pay reasonable costs of collection, including attorneys' fees, to the extent permitted by law.

5. Change orders and additional work

1. Any change to the scope, colors, products, surfaces or schedule must be documented in a written change order signed or confirmed in writing (email is acceptable) by both parties before that work is performed.
2. We will not perform out-of-scope work and bill you for it as a surprise. Equally, we cannot perform out-of-scope work for free.
3. Colour changes after work has begun are billable for the labour already expended. Because you purchase the paint directly, replacing custom-tinted paint is at your own cost and is a matter between you and the retailer — custom-tinted paint generally cannot be returned or resold.
4. Concealed conditions. If we discover conditions that could not reasonably have been seen during the walkthrough — dry rot, insect damage, failed substrate, undisclosed water intrusion, prior improper coatings, mold, lead or asbestos-containing materials — we will stop, notify you, and provide a written change order. You may approve the repair, arrange your own remediation, or accept in writing that we proceed over the condition, in which case no warranty applies to that area.

6. Scheduling, access and site conditions

1. Dates are targets, not guarantees. Painting schedules move because of weather, the pace of the job in front of yours, and material availability. We will give you as much notice as we can.
2. Weather. Exterior work requires appropriate surface temperature, dryness and dew point conditions. We will not apply coatings in conditions the manufacturer does not permit, even if it delays your project. Weather delays are not a breach of this agreement and do not entitle either party to damages.
3. Access. You will provide safe, unobstructed access to the work areas, along with reasonable use of electricity and water, during our normal working hours (Mon–Sat 7:00am – 6:00pm).
4. Your preparation. Unless the proposal says otherwise, you are responsible for removing wall hangings, mirrors, window coverings, electronics, valuables, fragile items and personal effects from the work areas, and for moving vehicles, patio furniture and potted plants clear of exterior work areas.
5. Failed access or lockout. If our crew arrives on a scheduled day and cannot begin because of denied access, an unsafe condition, or incomplete customer preparation, a trip charge of up to $350 may be applied and the schedule may be moved.
6. Pets and children. You are responsible for securing pets and keeping children out of work areas. Doors, gates and windows are frequently open during a paint job.
7. Utilities and systems. You will identify the location of septic systems, irrigation lines, invisible fencing, low-voltage wiring, security equipment and similar hidden systems before work begins.

7. Property protection and exclusions

1. We take reasonable and customary precautions to protect your property — drop cloths, plastic sheeting, masking, and daily cleanup. We will promptly repair or make good any damage we cause through our negligence. You may ask us for current proof of any insurance we carry before work begins, and you should ask that of every contractor you consider.
2. We are not responsible for: (a) pre-existing damage, wear or defects; (b) settlement cracks, nail pops or substrate movement occurring after our work; (c) failure of previously applied coatings we did not install; (d) damage from moisture intrusion, roof or plumbing leaks, failed flashing, inadequate ventilation or gutter failure; (e) mold or mildew arising from a moisture source we did not create; (f) damage to items you were responsible for removing under Section 6.4; (g) fading, chalking or color change from ultraviolet exposure over time; (h) issues caused by materials or colors you supplied or specified over our written recommendation.
3. Trim, hardware and fixtures. Removing and reinstalling aged hardware, brittle plastic, painted-shut windows and old caulk carries an inherent risk of breakage even when done carefully. We will tell you when we see that risk. Breakage of already-failing components is not damage caused by our negligence.
4. Color and finish variation. Paint color on a wall will differ from a chip, a screen and a sample. Sheen, texture, substrate porosity, lighting and application method all affect appearance. Approving a color means approving it; repainting because of a change of mind is billable additional work.
5. Touch-ups. On flat and matte finishes, touch-ups generally blend. On satin, semi-gloss and gloss finishes, touch-ups commonly flash and may require recoating a full surface plane. This is a property of the coating, not a defect.

8. Cancellation, rescheduling and refunds

1. Your Washington right to cancel. Under the Washington Home Solicitation Sales Act (RCW 63.14), if a contract is solicited or signed at your home rather than at our place of business, you may have the right to cancel that transaction within three business days and receive a full refund. If that right applies, we will give you the required written notice of cancellation rights with your contract, and cancellation must be delivered in writing to the address on that notice.
2. Rescheduling. You may reschedule once at no charge with at least 5 business days' notice. Later or repeated reschedules may incur a fee of up to 10% of the deposit to cover committed crew capacity.
3. Refund method and timing. Refunds are issued to the original payment method within 10 business days of approval. Card refunds may take additional time to appear depending on your bank.
4. Chargebacks. Please contact us before disputing a charge. We will work with you directly. Filing a chargeback without first contacting us does not remove your obligations under this agreement.

9. Warranty

We provide a written workmanship warranty — 3 years interior, 5 years exterior — subject to the coverage, exclusions and claim process set out on our Warranty page, which is incorporated into these Terms by reference. Manufacturer warranties on the coatings themselves are provided by the manufacturer, not by us, and we will assist you in pursuing them.

All other warranties disclaimed. Except for the express warranty described above and any warranty that cannot be disclaimed under Washington law, we disclaim all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.

10. Lead-based paint (pre-1978 homes)

1. Federal law (the EPA Renovation, Repair and Painting Rule, 40 CFR Part 745) applies to work that disturbs painted surfaces in most housing and child-occupied facilities built before 1978. Where that rule applies to your project, the work must be carried out by an EPA-certified firm using a certified renovator, lead-safe work practices and the required cleaning verification, and you must receive the EPA pamphlet Renovate Right beforehand.
2. If your home was built before 1978, tell us at the walkthrough. We will confirm in writing whether your project triggers the rule and exactly how it will be handled before anything is scheduled. We will not disturb pre-1978 painted surfaces on a job that requires certification we do not hold.
3. You agree to disclose any known lead-based paint, lead hazards, or prior testing records for the property.
4. If lead-safe work practices are required, related costs will appear as a line item in your proposal or change order.
5. Asbestos. We do not perform asbestos abatement. Textured ceilings and certain materials in structures built before approximately 1980 may contain asbestos. We require laboratory testing before disturbing such materials, and positive results require a licensed abatement contractor at your expense.

11. Limitation of liability

1. No consequential damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost rents, loss of use, or business interruption, arising out of or relating to this agreement, even if advised of the possibility.
2. Cap. Except for claims arising from our gross negligence, willful misconduct, or bodily injury, our total aggregate liability arising out of or relating to a project shall not exceed the total amount you paid us for that project.
3. Nothing in these Terms limits any liability that cannot lawfully be limited, including liability for death or personal injury caused by negligence, or rights you have under the Washington Consumer Protection Act (RCW 19.86).

12. Contractor registration, bond and lien notice

1. Verify us, and everyone else. Washington requires contractors performing work of this kind to be registered with the Department of Labor & Industries under RCW 18.27, and to carry the surety bond and liability insurance that statute requires. You can check any contractor's registration, bond and insurance status, and look for infractions, free of charge using the L&I "Verify a Contractor, Tradesperson or Business" tool at lni.wa.gov. Please do that for every bidder, including us, and ask us directly for our current status before you sign anything or pay a deposit.
2. Disclosure statement. For projects meeting the statutory threshold, Washington law (RCW 18.27.114) requires that we give you a written disclosure statement about contractor registration and lien rights, and obtain your signature on it, before starting work. We will provide it with your contract.
3. Notice about liens (RCW 60.04). Under Washington law, contractors, subcontractors and material suppliers who provide labor or materials for improvements to your property may be able to record a claim of lien against your property if they are not paid, even if you have paid your contractor in full. To protect yourself you may request lien releases from suppliers and subcontractors, and you may request a list of contract amounts and lien release documents. We pay our suppliers and any subcontractors promptly and will furnish lien waivers upon request with final payment.
4. Complaints. Consumer complaints about contractors may be filed with the Washington State Department of Labor & Industries and with the Washington State Attorney General's Consumer Protection Division.

13. Photography and marketing

We may photograph completed work for our portfolio, website and social media. Photographs will not include your name, street address, or identifiable interior personal belongings without your consent, and you may opt out at any time by telling us in writing before, during or after the project. Testimonials are published only with permission.

14. Force majeure

Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including severe weather, wildfire smoke conditions that make outdoor work unsafe, natural disaster, epidemic, labor disruption, government action, utility failure, or material shortages. Affected obligations are suspended for the duration and the schedule extended accordingly.

15. Dispute resolution and governing law

1. Talk to us first. Before initiating any formal proceeding, you agree to give us written notice of the dispute and 30 days to resolve it. Most issues are solved with a phone call and a return visit.
2. Mediation. If direct discussion fails, the parties agree to attempt non-binding mediation in King or Snohomish County, Washington, with costs shared equally, before filing suit.
3. Governing law and venue. These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law rules. Exclusive venue for any action is the state or federal courts located in Snohomish County or King County, Washington, and both parties consent to that jurisdiction.
4. Small claims preserved. Either party may bring an individual claim in small claims court if it qualifies.
5. Attorneys' fees. In any action to enforce these Terms, the substantially prevailing party is entitled to recover reasonable attorneys' fees and costs.

16. Website terms

1. Content on this site — including cost ranges, guides and the estimator — is provided for general informational purposes and does not constitute professional, legal or engineering advice for your specific property.
2. All site content, text, graphics and code are the property of Martin's Budget Painting and may not be reproduced without permission.
3. You agree not to submit false information, use the booking system to reserve dates you do not intend to keep, or interfere with the operation of the site.
4. Our handling of your personal information is described in our Privacy Policy.

17. General

1. Entire agreement. These Terms, together with your signed proposal, any change orders, the Warranty and the Privacy Policy, are the entire agreement and supersede all prior discussions, verbal promises and representations.
2. Verbal statements. No verbal statement by any employee or crew member modifies this agreement. Changes must be in writing.
3. Severability. If a provision is held unenforceable, the rest remains in effect and the unenforceable provision is modified to the minimum extent necessary.
4. No waiver. Failure to enforce a provision is not a waiver of it.
5. Assignment. You may not assign this agreement without our written consent. We may assign it to a successor of our business.
6. Changes. We may update these Terms; the version in effect on the date of your signed proposal governs your project.