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Kindgrain Studios – Terms & Conditions

 

Last updated: October 18, 2025

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Welcome to Kindgrain Studios (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern the use of our services, including design, fabrication, installation, and related construction or improvement work, and your engagement with us as a client (“you”, “your”, “Client”) in New York City. By signing a Service Agreement or Contract with us, you agree to be bound by these Terms.

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1. Contractor Credentials & Compliance

  • Kindgrain Studios is duly licensed as a Home Improvement Contractor (HIC) in New York City, license number: 2130633-DCWP.

  • We hold and will maintain all required permits, licenses, insurance (including workers’ compensation, general liability) and bonding as required under the laws of the City of New York and the State of New York. New York City Government+2Surety Bonds Direct+2

  • We will comply with the Home Improvement Business Law (NYC Administrative Code Title 20, Subchapter 22) and associated rules (6 RCNY § 2-221 et seq.). NYC Administrative Code+1

  • We shall at all times perform our work in accordance with applicable City of New York building codes, zoning laws, permit requirements, and Department of Buildings (DOB) and Department of Consumer and Worker Protection (DCWP) regulations. New York City Government+1

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2. Scope of Work, Contract & Estimate

  • Before starting any work, we will provide you with a written estimate and contract that:

    • Is legible, in plain English, and if an alternate language was principally used in the oral presentation, also provided in that language. New York City Government+1

    • Specifies our legal name, trade name (if any), address, telephone number, and HIC license number. New York City Government

    • Describes the work to be performed, including materials (brands/model numbers/identifying information) and the price for labor + materials. New York State Senate+1

    • Provides approximate start and completion dates (or whether a definite completion date is of the essence). Yoars Law+1

    • Includes a payment schedule consistent with the work performed and materials supplied — each progress payment must bear a reasonable relationship to work done. New York State Attorney General

    • States that you may have a right to cancel within three business days of signing the contract, unless emergency work applies. NYC Administrative Code+1

  • Any additional change orders, scope additions, or deviations will be documented in writing and signed by both parties.

  • You will be provided a copy of the signed contract before any work begins.

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3. Payment & Deposits

  • Unless otherwise agreed in writing, an initial deposit of no more than 25% of the total contract amount may be collected before work begins. New York City Government+1

  • All funds paid to us prior to substantial completion of the work shall be treated and held as trust funds or escrow, applied solely to the project unless and until the work is completed. American Legal Publishing+1

  • Final payment is due when work is complete, all required inspections are passed, and/or certificate(s) of occupancy or required approvals issued (if applicable).

  • We reserve the right to suspend or cancel work if you fail to make payments according to the schedule, or if you refuse to approve a change order reasonable required for proper completion.

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4. Permits, Inspections & Compliance

  • We are responsible for obtaining all required permits, licenses, certificates of occupancy, variances and approvals necessary for the work we perform. American Legal Publishing+1

  • You acknowledge that work cannot commence until all required approvals are in place, and that unpermitted work may subject you to liability, fines, or stop-work orders.

  • Should inspections fail or corrections be required by the permitting authority, we will coordinate remedial work; additional costs or delays caused by such conditions may result in change orders.

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5. Warranties & Guarantees

  • We warrant that our work will be conducted in a skillful, workmanlike manner, in accordance with industry standards, applicable laws, codes and regulations.

  • If defects in workmanship or materials appear within [insert period] (unless otherwise agreed), we will correct such defects at no additional cost, unless the defect results from misuse, modification, or neglect by you.

  • Manufacturers’ warranties for materials and equipment shall apply as provided by the manufacturer; we are not responsible for these warranties beyond passing them to you.

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6. Insurance & Liability

  • We maintain general liability insurance and workers’ compensation as required by law; upon request, we will provide you with proof of coverage.

  • To the fullest extent permitted by law, our liability arising out of or relating to the contract or our services shall not exceed the total contract amount we received for the work.

  • We are not liable for delays or damages caused by events outside our control (force majeure), such as acts of God, governmental action, labor disputes, material shortages, pandemics, or other circumstances beyond our reasonable control.

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7. Termination & Cancellation

  • You may cancel the contract during the three-business-day rescission period (see clause 2 above), by providing written notice to us as provided in the contract document.

  • After that period, either party may terminate only in accordance with the contract — including payment of all work performed to date, plus any reasonable demobilization or materials costs incurred.

  • For convenience termination by you after commencement of work or materials ordered, you will be responsible for payment of work performed, plus any costs incurred in securing or storing materials, and any reasonable profit on the remaining work.

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8. Subcontractors & Third-Party Work

  • We may use subcontractors for portions of the work. We retain responsibility for the acts of subcontractors, their compliance with this contract and for ensuring they maintain required licenses, insurance, and registration.

  • You may request proof of subcontractor licenses and insurance; unless stated otherwise, we will provide this information within a reasonable time.

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9. Mechanic’s Liens & Notice

  • Pursuant to applicable law, any contractor, subcontractor, or materialman who provides services under your home improvement contract and who is not paid may file a mechanic’s lien against your property. New York State Senate

  • We will furnish lien waivers at final payment to protect you from claims from subcontractors or suppliers.

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10. Dispute Resolution & Governing Law

  • These Terms and the contract between us shall be governed by the laws of the State of New York and the City of New York.

  • Any dispute arising out of or relating to this contract or these Terms shall first attempt to be resolved by mediation, and if not resolved, shall be submitted to binding arbitration in New York County, New York under the rules of JAMS (Judicial Arbitration and Mediation Services) or NYC Consumer and Worker Protection Mediation Program. 

  • Each party will bear its own costs of arbitration unless otherwise awarded by the arbitrator.

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11. Intellectual Property & Use of Site

  • Unless otherwise agreed, all designs, drawings, artwork, and project documentation produced by us remain our intellectual property until final payment is received. We grant you a non-exclusive, non-transferable license to use such materials solely for the project on your property.

  • You agree not to reproduce or distribute such materials without our written consent.

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12. Privacy & Data

  • We collect and process certain personal information as part of our contract and service delivery. Our Privacy Policy (separate document) governs our collection, use and sharing of your data.

  • By engaging our services you consent to the collection and use of your personal information as described in the Privacy Policy.

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13. Force Majeure

  • Neither party shall be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, government regulation, fire, flood, labor disputes, pandemics, shortages of materials or utilities, or other similar causes.

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14. Amendments

  • We may modify these Terms at any time by posting an updated version on our website. The version posted is the one in effect as of the “Last updated” date above.

  • Your continued engagement of our services after the posting of changes constitutes acceptance of the modified Terms.

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15. Entire Agreement

  • These Terms, together with the contract you sign with us and any exhibits, make up the entire agreement between us. No waiver of any provision of these Terms shall be effective unless in writing and signed by both parties.

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