TERMS AND CONDITIONS:
You should note the following words have special meaning throughout this agreement: 1. “You” and “Your” mean Client company and all its representatives. 2. “We”, “Our”, “Ours” and “Us” means LM Lawns and all of its representatives. 3. “Labor” means our normal workday labor hours, overtime labor hours, travel labor hours, equipment use, and all out of pocket travel expenses associated with labor.
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OUR RESPONSIBILITIES INCLUDE:
1. Provide a continuing managed process of professional managed care of your exterior environment. 2. Assign a lead technician to have primary responsibility for work to be performed at your site. 3. Coordinate all work with you to assure safety and minimal disruption at your site.
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YOUR RESPONSIBILITIES INCLUDE: 1. Inform us of whom we should work with at your site to ensure the proper coordination of our work. 2. Provide us with a copy, if available, of all site plans, drawings, or prints. 3. Provide us with your protocols and regulations regarding working at your site, such as parking, security procedures, emergency contacts, and other appropriate information. 4. Permit only our representatives to perform the work included in the Scope of Services of this Agreement, as we will only guarantee our work and not the work of other parties. 5. To ensure safe and effective landscape maintenance, the Client is responsible for keeping all turf and landscaped areas clear of personal items such as toys, furniture, hoses, decorations, and any debris, rocks, or other objects that could be damaged by maintenance equipment or cause damage to property or Contractor equipment. These areas must be cleared prior to scheduled maintenance services. The Contractor shall not be held liable for any damage to personal property left within turf or landscaped areas or for damage caused by debris not removed before service. Furthermore, no personal plantings—including flowers, herbs, or vegetables—shall be installed in turf or landscaped areas unless they are placed within clearly defined, bordered planting beds that distinguish them from weeds or unmanaged vegetation. The Contractor is not responsible for any damage to unmarked or informal plantings that fall outside the agreed-upon landscape design or scope of services. 6. Bear the cost to repair or replace any material and/or systems deemed by us to not be acceptable during our initial inspection or seasonal start up visit. Should you choose to not make the repair or replacement, the material(s) system(s), component(s) or part(s) identified will automatically be removed from the repair or replacement guarantee provisions of the Agreement. 7. Inspect the work performed by us within (7) days of the date that the service was performed and notify us of any reasonable dissatisfaction with the work performed. 8. Provide us with your critique of our services and suggestions for ongoing improvements.
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Payment Terms: Net 30: All invoices are due within 30 days from the invoice date. Late Fee: 1.5% per month (18% annually) or the maximum legal rate, applied to overdue amounts. Delinquency Consequences 15+ Days Late: Contractor may suspend services until payment is current. No refunds or credits for suspended service time. 30+ Days Late: Contractor may terminate the agreement and demand immediate full payment of the remaining contract balance. Client-Initiated Cancellation If the Client cancels early, they must: Pay for the actual cost of services provided from the most recent anniversary date to the termination date. This amount is calculated based on current rates, not just the scheduled payments. A final invoice will be issued and is due upon receipt. In the event the Contractor must pursue collection of any unpaid amounts, the Client agrees to be responsible for all associated costs of collection. This includes, but is not limited to, reasonable attorney’s fees, court costs, interest, and collection agency fees, whether or not formal legal action is initiated. Early termination also voids any discounts, specials, or volume discounts backdating the amount due. Payment Delinquency and Service Suspension In the event the Client becomes delinquent in payment, the Contractor reserves the right to suspend all services without further notice until the account is brought current. Delinquency is defined as any unpaid invoice exceeding the terms specified in this Agreement. During the period of suspension: No services will be performed. The Contractor shall not be held liable for any deterioration in landscape conditions resulting from the lack of maintenance. Missed service visits will not be credited or rescheduled, as resuming services after an interruption requires substantially more time and labor to restore the property to its prior condition. Once the Client brings the account fully current, services shall resume on the next regularly scheduled visit. Restoration of the property to the expected maintenance standard may take additional time and multiple visits, but will be addressed through regular service visits going forward. Continued failure to remit payment as required may result in contract termination, subject to the termination provisions outlined elsewhere in this Agreement.
Taxes: You agree to be responsible for all applicable taxes on the services and /or materials used or provided in connection with the services to be provided under this agreement.
Initial Property Condition: The Contractor shall begin services by maintaining the property in the condition in which it is received at the start of this Agreement. It is the Client’s responsibility to ensure that the outgoing provider delivers the property in a condition that meets the Client’s expectations prior to the commencement of services. The Contractor shall not be held responsible for pre-existing deficiencies or neglected areas present at the time of service transition.
Deferred or Substandard Maintenance: Any areas of the property found to be in substandard condition at the inception of this Agreement—due to deferred, neglected, or inadequate prior maintenance—shall be excluded from routine services under this contract. Restoration or remediation of such areas will require a separate, one-time cleanup, which shall be quoted and billed independently of the contracted maintenance pricing.
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Optional Remedial Work: If the Client elects not to proceed with a one-time cleanup, the Contractor may, at its sole discretion and as scheduling allows, perform limited corrective work on neglected areas over time. Such efforts are not included within the scope of contracted services, shall not be prioritized, and will not be subject to a guaranteed timeline or outcome. These services, if performed, may incur additional charges.
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Permits: Unless otherwise required by law, you agree to obtain and bear all costs incurred in connection with obtaining any necessary permits for the services provided pursuant to this agreement.
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Accessibility: In order for us to perform the required services for you in a cost-effective manner and for the estimated agreement price quoted in this agreement, you agree to permit free and timely access to the necessary areas of your site scheduled for maintenance, including any locked or gated sections. Access may be provided through gate codes, keys, or by having an on-site representative available to unlock secured areas promptly on scheduled service days. If access is not granted at the time of service, the Contractor reserves the right to skip the inaccessible area. In such cases, the area will be serviced during the next scheduled visit. No credit or additional visit will be provided unless otherwise agreed to in writing. perform required services. All planned work under this agreement will be performed during our normal working hours unless otherwise stipulated elsewhere in this agreement.
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Extra Work: Unless otherwise stated elsewhere in this agreement, this agreement does not include repairs to any deficiencies at the time of contract commencement, the provision or installation of materials, or service calls requested by you. If requested, you will be charged for these services at our customer rates then in effect. If you require an alteration to or deviation from this agreement involving extra work, you agree that the cost of material and/or labor will be an extra charge over the agreement price. (Fixed price negotiated or time and material at current rates.)
Severability: Any provision of this agreement that in any way contravenes the law of any state or country in which this agreement is effective will, to the extent the law is contravened, be considered separable and inapplicable and will not affect any other provision or provisions of this agreement.
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Concealed Conditions: The Contractor shall not be held liable for damage to concealed or hidden items that are not visible or reasonably identifiable during the course of normal landscape maintenance operations. This includes, but is not limited to, underground utilities, PVC clean-outs, irrigation components, invisible fences, cable TV or internet lines, low-voltage lighting wires, rock, debris, poor drainage areas, and other subsurface or partially buried structures. The Client is responsible for clearly marking or disclosing the location of any such concealed elements to help prevent accidental damage. The Contractor is not responsible for any damage caused by concealed items becoming dislodged or acting as projectiles during maintenance activities. Any damage to concealed items that were not clearly marked or disclosed may be repaired at the Client’s expense. Additionally, the Contractor is not responsible for damage to items that were previously damaged, improperly installed, or not installed according to industry standards. Should concealed conditions result in additional work or costs beyond the original scope of this agreement, those costs—including materials and labor—will be billed separately, either as a negotiated fixed price or on a time and materials basis at the Contractor’s prevailing rates. Rocks and similar debris present on the property are considered hidden dangers that may be displaced or become airborne during routine landscape maintenance. Due to their concealed nature, the Contractor cannot be held responsible for any damage to property caused by such rocks or debris. It is the Client’s responsibility to remove or clearly identify these hazards prior to maintenance to help minimize the risk of damage.
Work Performed by Others: Unless otherwise stated elsewhere in this agreement, we will not be responsible for work that is performed by anyone other than us. Therefore, you agree to permit only our personnel or agent(s) to perform the work included in the scope of services. Should anyone other than us perform such work, we may, at our option, terminate this agreement or eliminate the areas or materials involved from the scope of services of this agreement.
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Hold Harmless: In the event that there is a claim, damage, loss, or expense that is caused in whole or in part by any active or passive act or omission by you, anyone directly or indirectly employed by you, or for anyone whose act you may be liable, then to the fullest extent permitted by law, you will defend, indemnify and hold harmless our representatives and us from and against these claims. Damages, losses, and expenses including but not limited to attorneys’ fees arising out of or resulting from the performance of our work under this agreement.
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Delays Outside Our Control: In the event there is a delay, loss, damage, or detention caused by unavailability of equipment or materials, delay of carriers, strikes, civil or military authority, priority regulations, action of the elements, forces of nature, or by any cause beyond our control, you agree that we will not be liable for this delay, loss, damage, or detention and no refunds or credits will be issued.
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Loss of Profits: Under no circumstances, weather arising in contract, tort (including negligence and strict liability), equity or otherwise, will we be responsible for loss of use, loss of profits, anticipatory damages, increased operating, or maintenance expenses, claims of your tenants or clients, or any special, indirect, consequential, incidental, exemplary, or punitive damages, arising at any time from any cause related to or concerning this agreement.
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Limits of Liability: We guarantee that our performance of services under this agreement will be in accordance with generally accepted practices for similar services. In case of any failure to fulfil our obligations under this agreement, our liability is limited to correcting, repairing, or replacing, at our option, the deficient work. You acknowledge and agree that such correction, repair, or replacement shall be the sole remedy available to you and in no event will our liability exceed the total amount of compensation we receive for services rendered.
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Site Damage: Contractor shall be responsible solely for physical damage to the premises directly and proximately caused by Contractor in the performance of services under this Agreement, and reserves the right, in its sole discretion, to repair such damage itself or engage a contractor of its choosing, with no obligation to reimburse Client for repairs performed without first affording Contractor this opportunity or for costs deemed excessive. Any alleged damage must be reported in writing to Contractor within twenty-four (24) hours of the applicable service, and the mere presence of Contractor’s personnel or equipment on site shall not constitute evidence of liability, which shall arise only upon timely, contemporaneous observation and immediate reporting of the incident. Client expressly waives and releases Contractor from all liability for damage to personal property left upon turf or landscape areas at the time of service, including items not reasonably visible and susceptible to incidental contact with Contractor’s equipment.
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Changes: This agreement shall not be subject to change or modification other than by writing to which both parties are signatories.
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Purchase Orders: This agreement constitutes the entire contract between the parties. The entire contract is embodied in this writing and this writing constitutes the final expression of the parties’ agreement. No change is allowed to this agreement, nor shall they become part of this agreement whatsoever by our acknowledgement or acceptance of your purchase order forms that contain different provisions weather in addition to or not identical to the terms set forth herein. You acknowledge and agree that any purchase order issued by you, in accordance with this agreement, is intended only to establish payment authority for your internal accounting purposes. No purchase order shall be considered a counteroffer, amendment, modification, or other revision to the terms of this agreement. No term or condition
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DESCRIPTION OF LANDSCAPE SERVIES
LM Lawns herby proposes performing the landscape maintenance services listed below Mowing Service Frequency 42 visits
Turf Maintenance: Turf areas are to be mowed weekly, as needed, during the season. The turf is to be maintained at a height of two inches (2”) to three- and one-half inches (3.5”) depending on time of season. All areas not able to be serviced by a mower will need to be string trimmed to same height. All areas are to be policed for debris and trash prior to mowing activities.
Crack Weeds: During scheduled maintenance visits All hardscape and parking lot areas will be sprayed to control weeds.
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Edging and Trimming: Walkways and curbs will be vertically edged during each visit. Flowerbeds/mulch beds/planting beds will be string trimmed to prevent encroaching turf. In areas where loose asphalt, cement, or gravel is present, edging/vertical edging will not be performed due to dangerous flying debris generated.
Debris Management: As part of our routine landscape maintenance, the Contractor will remove typical debris generated through mowing, pruning, and bed detailing (e.g., grass clippings and pruning waste). Hard surfaces will be cleared using blowers. Debris resulting from natural events—such as heavy leaf fall, windstorms, or other weather-related occurrences—is not included in the base scope and will be quoted separately upon request. For properties with heavy tree coverage or seasonal debris, we recommend scheduling additional spring and/or fall cleanups. These services, as well as the removal of large branches or excessive debris, are not included in standard maintenance and will be billed as extras. Any excessive or dumped trash will be brought to the client’s attention and quoted separately for removal.
Bed Maintenance and Weed Control: The Primary focus of bed Maintenance is to spray the areas to control/eradicate weed growth. Exposed planting beds without mulch will be treated with herbicide for weed control, as mechanical removal methods may generate flying debris, posing a risk of property damage beyond the Contractor’s control. Due to the limitations of chemical-only weed management in these areas, a completely weed-free condition cannot be guaranteed at all times. Mulching is strongly recommended to enhance weed suppression and reduce maintenance frequency.
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Shrub and Hedge Pruning: Shrubs/hedges shall be trimmed and/or pruned to enhance the beauty and health of the plant in accordance with industry standards up to (6ft.). Formal hedges will be maintained to ensure that the form and function of the hedge is not disrupted. LM Lawns will prune shrubs to remove branches that are dead, broken, extending beyond the face of curbs or sidewalks, or are climbing building walls, fences, and/or other structures including but not limited to generator cages, building structures, retaining walls, and privacy walls. Pruning services are to be completed as needed to keep a clean, tidy appearance 12x a year Flowering shrub will be pruned at horticulturally appropriate times.
Tree Pruning: Trees 6" caliper and below will be maintained to a height of 8’. Upon commencement of contract. Any trees below 8’ will be quoted for an initial raising if they have not been properly maintained prior to us taking over the maintenance. Palm tree pruning is excluded and will be quoted as an extra. Palm fronds falling from neglected, unpruned palms will be collected on an time and materials basis if desired, unless palms are on a regular pruning schedule.
Fence Lines and Woodline Encroachments: Services under this Agreement are limited to routine mowing and line trimming up to the base of perimeter fencing and the natural edge of wooded areas located on Client’s property. Contractor shall have no obligation to perform maintenance, removal, or trimming of vegetation, branches, vines, underbrush, debris, or other growth originating from or extending through fencing, or encroaching outward from adjacent properties or woodlines, that impedes mowing or trimming to the property line. Such work is expressly excluded from the scope of this Agreement and, if requested by Client, shall be subject to a separate proposal and additional charges.
IPM: The property will be inspected during each visit for any insect or disease related problems. This includes but is not limited to grub and chinch bug damage, fire ant activity. If issues are identified, the client will be notified, and a treatment plan can be agreed upon and quoted.
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Fire Ant Control: Ant mounds will be treated on an as needed basis.
Irrigation: If property currently has a working irrigation system, a monthly visual inspection of the irrigation system components will be conducted to determine the proper operation of the system. Irrigation start up and winterization included. All deficiencies will be quoted for repair.
Fertilizer: 2 rounds of balanced fertilizer will be applied to all turf and shrub areas. This is not included in base contract, also PreEmergent and weed and feed rounds are available at an additional charge.
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Color Change: Seasonal color shall be planted in all color beds. This is not included in the base contract and is available at an extra charge.
Mulch: Premium hardwood mulch delivered and installed at an average depth of 2" in all designated beds. This is not included in the base contract and is available at an extra charge.
Insurances and Licenses: The contractor shall maintain General Liability Insurance from an insurance company to cover bodily injury and /or property damage directly due to the negligence of the contractor, his agents, or his employees. The contractor shall maintain Workmen’s Compensation Insurance in accordance with state requirements.
Service Schedule: THE SERVICE PERIOD will be for a period of 12 months for a total of 42 visits. November through February will be Bi- weekly visits. March through November will be weekly visits. This contract automatically renews at the end of each 12-month period unless canceled beforehand. This contract may be cancelled by either party by providing a 30 day notice to cancel. Final amount due will be prorated.
CANCELLATION CLAUSE: Either party may terminate this Agreement for any reason by providing the other party with at least thirty (30) days’ written notice of intent to cancel. Upon termination, both parties agree to fulfill all obligations incurred up to the effective date of cancellation.
Estimate Description Amount Contracted Landscape Maintenance Services CONTRACT WILL BE IN-FORCE FOR 1 YEAR PERIOD AND WILL AUTOMATICALLY RENEW EACH YEAR THEREAFTER UNLESS CANCELED BY EITHER PARTY WITH 30 DAY WRITTEN NOTICE . CONTRACT AMOUNT WILL BE PRORATED IF CONTRACT IS CANCELED BY EITHER PARTY BEFORE END OF TERM.
