Terms & Conditions

1. All persons signing this form agree they will be responsible for all charges made regardless of what name he/she should now or hereafter do business under or whether he/she should hereafter incorporate such business or not whether he/she is signing as an officer or agent of a corporation. The undersigned understands that he/she is binding himself/herself to the terms of the agreement as well as binding the organization that he/she Acceptance of payments from any other source shall not constitute waiver by the company of requirements of this provision.

2. Action Labor, at its sole discretion, shall determine the wages, salary, and other compensation, if any, to its employees and payments of federal withholding, all required federal payroll taxes and those premiums applicable to workers’ compensation insurance required by state law.

3. In the event the labor and services to be performed under this contract require payment of a price differential by virtue of any governmental contract or particular contract specification or wage increase mandated by Federal and/or State agencies, the CLIENT hereby agrees to pay ACTION LABOR the applicable price differential in addition to the agreed upon rate.

4. ACTION LABOR’S EMPLOYEES are covered by both workers’ compensation and general However, it is understood that any time an accident or injury is caused by the negligence or by the intentional acts of the client or a vendor, subcontractor or other party brought on the job site by the client, that the client will indemnify ACTION LABOR as to the full value of damages sustained as a result of the client’s negligence or intentional act. These damages include, but are not limited to, medical benefits, indemnity benefits, and attorneys’ fees. It is further understood that, at any time an accident arising out of the activities of an Action Labor Employee that are within the scope of the work being performed, the client agrees to defend, indemnify and hold ACTION LABOR harmless from any and all liability, claims, damages, including property, bodily injury and/or medical and indemnity benefits and attorneys’ fees.

5. The CLIENT hereby agrees to comply with all applicable laws, rules and regulations, whether federal or state, regarding the health and safety of ACTION LABOR employees while assigned to the CLIENT, including providing safety equipment, clothing or other devices reasonably necessary or required for any work to be The CLIENT hereby agrees that the CLIENT shall not require ACTION LABOR employees to operate any machinery, equipment or vehicles not insured by the CLIENT’S own personal liability and property damage insurance coverage; or to operate any dangerous or unprotected machinery or equipment; or to perform excavation work where proper shoring and protection are not continuously provided; or to perform any work on ladders or scaffolding; or, unless express written permission is first obtained from ACTION LABOR, to perform as a member of the crew of any vessel or in any maritime work upon the navigable waters of the United States which work might be subject to any federal law. The CLIENT agrees to defend, indemnify and hold ACTION LABOR harmless from any and all liability, claims, damages, interest, penalties or attorneys’ fees arising out of any violations of any laws, rules and regulations, whether federal or state.

6. The CLIENT hereby agrees that the CLIENT will not entrust any ACTION LABOR employee with the responsibility for unattended premises, cash, checks, negotiable paper or any other valuable property belonging to the CLIENT or for which the CLIENT is responsible. CLIENT further agrees to provide a safe work site, provide appropriate information regarding hazardous substances or conditions at the assigned work site, and provide proper training. The CLIENT agrees that all ACTION LABOR employees are under the day-to-day supervision of the CLIENT and per OSHA statute 1904.31 the reporting of a fatality, in-patient hospitalization, amputation or loss of an eye and recording of injuries and illnesses is the CLIENT’S responsibility.                                                                                                                                                                                                                                  
7. The CLIENT agrees that ACTION LABOR services represent payroll and services advanced on CLIENT’S The CLIENT therefore agrees to the terms of Due upon Receipt. Upon default, ACTION LABOR reserves the right to immediately, without further notice, remove any and all ACTION LABOR employees from the job site, and withhold any additional labor and service. At the discretion of ACTION LABOR, CLIENTS in default shall be subject to a default interest charge of 1.5% per month (Annual percentage rate of 18%) on all unpaid balances, from the date of the invoice. In addition to total amount due, CLIENT agrees to pay all collection costs and expenses incurred in the enforcement of this contract; including, but not limited to all reasonable attorneys’ fees and/or court costs. If there is a disputed charge, the Credit Department must be notified within 5 days of the invoice date. All undisputed items must be paid in accordance with conditions as set forth in writing this contract.

8. This contract shall be construed and interpreted according to the laws of the state of Florida and venue shall be in the courts of Palm Beach County, Florida.

9 Action Labor is recognized as the employer, and CLIENT agrees neither to offer employment or other work opportunity to any Action Labor employees either directly from said employees and/or outside the boundaries of this Agreement. If CLIENT desires to hire an employee on a permanent basis, it is agreed that after the employee has worked 90-days consecutively with CLIENT that CLIENT may hire the employee for a fee of $2,500.00. An Action Labor employee may be hired without fee after 1 year worked consecutively with CLIENT. Once CLIENT notifies Action Labor in writing that CLIENT wishes to hire an employee on a permanent basis the employee will remain on Action Labor’s payroll for a period of at least 30 days from the date of notification. In the event of such offer of employment by CLIENT or other work performed for CLIENT outside of the agreement by any Action Labor employee without notification to Action Labor, CLIENT will pay to Action Labor $5,000.00 as liquidated damage upon demand.

 10. The CLIENT hereby agrees to defend, indemnify, save and hold ACTION LABOR harmless from any liability, damage, cost, including a reason for claims, arising from noncompliance with or the breach of any of these Terms and Conditions.