Landscaping Agreement - Template, Sample Form Online Pro · US-law

LANDSCAPING SERVICES AGREEMENT

State of ________

This Landscaping Services Agreement (this "Agreement") is entered into and made effective as of ________ (the "Effective Date"), by and between the following parties:

________, an entity/individual organized under the laws of the State of ________, having a primary address at:

________
Email: ________
Telephone: ________
Contractor License No. (if applicable): ________

and

________, having a primary address at:

________
Email: ________
Telephone: ________

Hereinafter, "Client" shall refer to ________, and "Landscaper" shall refer to ________. Landscaper and Client may be referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Client wishes to engage Landscaper to perform certain landscaping services (the "Landscaping Services"), as described more fully below;

WHEREAS, Landscaper represents that it possesses the skills, qualifications, licenses, and expertise required to provide the Landscaping Services to the Client; and

WHEREAS, Landscaper wishes to render such Landscaping Services to Client upon the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

ARTICLE 1 — DEFINITIONS

As used in this Agreement:

A) "Landscaping Services" shall refer to the following residential landscaping services that Landscaper shall provide to Client under the terms and conditions set forth herein:

________

B) "Work Details" shall be as follows:

a) Date(s) of Services: ________

b) Estimated Date of Completion: ________

c) Location Details (the "Location"):

________

C) "Fees" shall refer to the total payment Client shall pay to Landscaper for the rendering of the Landscaping Services, which shall be $________ (________), as a fixed fee for all Landscaping Services rendered, exclusive of taxes, permits, and new installation materials as further described herein.

ARTICLE 2 — AGREEMENT

Subject to the terms and conditions of this Agreement, Landscaper agrees to render the Landscaping Services to Client, and Client agrees to pay Landscaper the Fees for the Landscaping Services.

ARTICLE 3 — FEES AND PAYMENT

a) Method of Payment: Landscaper will accept the following forms of payment:

________

b) Payment Schedule: Payment of all Fees shall be made as follows:

a) A non-refundable Booking Fee of $________ (________) due on ________; and

b) A Final Fee of $________ (________) due on ________.

c) Late Payment: Any undisputed amount not paid when due shall accrue interest at the rate of ________% per month, or the maximum rate permitted by applicable law, whichever is less, until paid in full.

d) Tax Statement: All charges payable under this Agreement are exclusive of taxes, surcharges, or other amounts assessed by state or federal governments. Taxes imposed upon or required to be paid by Client or Landscaper shall be the sole and exclusive responsibility of each, respectively.

ARTICLE 4 — NO ONGOING GUARANTEES

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

ARTICLE 5 — PERMITTING

If any permits or licenses are required to perform the Landscaping Services, Landscaper will obtain them and is expressly authorized to charge Client for the cost of any such permits or licenses. Landscaper will provide a cost estimate to Client prior to the application for or payment of any permits or licenses, but Client is solely and exclusively responsible for such cost.

ARTICLE 6 — INSURANCE

Landscaper agrees to maintain, at its own expense and for the duration of this Agreement, commercial general liability insurance covering at minimum $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury and property damage, as well as any workers' compensation insurance required by applicable law. Upon Client's written request, Landscaper shall furnish a certificate of insurance evidencing such coverage.

ARTICLE 7 — MATERIALS AND LABOR

Landscaper shall be responsible for using Landscaper's own tools and securing additional labor as needed to perform the Landscaping Services.

For any new installations at the Location, Client shall be responsible for payment of the materials. Landscaper and Client agree to discuss the cost of new installations in advance for the authorization of such cost; such discussions need not be in writing, but Landscaper shall not be obligated to perform any installation for which cost authorization has not been obtained.

ARTICLE 8 — COOPERATION

Client and Landscaper agree to cooperate with each other for the duration of the Parties' relationship. Client will provide reasonable access to the Location as needed for Landscaper to complete the Landscaping Services, including making space available for Landscaper's vehicles, tools, and Landscaper's employees' or contractors' vehicles and tools. Client shall also advise Landscaper as to the boundaries of Client's property to avoid Landscaper's encroachment upon any third party's property.

ARTICLE 9 — COMPLETION OF WORK

Upon completion of the Landscaping Services, Landscaper will make every reasonable effort to ensure the Location is clean and free of debris.

ARTICLE 10 — RELATIONSHIP OF THE PARTIES

Neither Party is, by virtue of this Agreement, authorized as an agent, employee, or legal representative of the other. Neither Party shall have the power to control the activities and operations of the other, and Landscaper's status at all times shall remain that of an independent contractor. Landscaper is solely responsible for the supervision, control, compensation, and payment of all taxes with respect to its own employees, contractors, and agents.

ARTICLE 11 — WARRANTY

Landscaper warrants that the Landscaping Services will be performed in a professional and workmanlike manner consistent with industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, LANDSCAPER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE LANDSCAPING SERVICES RENDERED HEREUNDER.

ARTICLE 12 — LIMITATION OF LIABILITY

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

ARTICLE 13 — INDEMNIFICATION

Each Party (the "Indemnifying Party") agrees to indemnify, defend, and hold harmless the other Party (the "Indemnified Party"), and its officers, employees, agents, and contractors, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Indemnifying Party's negligence, willful misconduct, or breach of this Agreement. This provision shall survive the termination or expiration of this Agreement.

ARTICLE 14 — DISPUTE RESOLUTION

In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach thereof, the Parties agree to first attempt to resolve the matter amicably through good-faith negotiation. If the dispute cannot be resolved through negotiation, the Parties agree to attempt to resolve the dispute through mediation in ________, with the costs of the mediator shared equally, before resorting to litigation.

Should mediation fail to resolve the dispute, either Party may pursue any and all remedies available at law or in equity, subject to the governing law, venue, and jurisdiction provisions set forth in this Agreement. The prevailing Party in any such action shall be entitled to recover its reasonable attorneys' fees and costs.

ARTICLE 15 — TERMINATION

This Agreement shall terminate automatically when the Landscaping Services have been completed.

This Agreement may also be terminated by either Party, upon notice in writing:

I) if the other Party commits a material breach of any term of this Agreement that is not capable of being remedied within fourteen (14) days, or that should have been remedied within fourteen (14) days after a written request and was not; or

II) if the other Party becomes unable to perform its duties hereunder, including a duty to pay or a duty to perform.

Upon termination, Client shall pay Landscaper for all Landscaping Services performed and all non-cancellable costs incurred through the effective date of termination. The Booking Fee shall be non-refundable.

ARTICLE 16 — GENERAL PROVISIONS

A) GOVERNING LAW: This Agreement shall be governed in all respects by the laws of the State of ________, without regard to its conflict-of-laws principles, and any applicable federal law. Both Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________ County, State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature.

B) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.

C) ASSIGNMENT: This Agreement, and the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or in part by either Party without the prior written consent of the other Party.

D) AMENDMENTS: This Agreement may only be amended in a writing signed by both Parties.

E) NO WAIVER: None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

F) SEVERABILITY: If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included.

G) ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

H) HEADINGS: Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.

I) COUNTERPARTS AND ELECTRONIC SIGNATURES: This Agreement may be executed in counterparts, including by electronic signature in accordance with the federal E-SIGN Act and applicable state law (including the Uniform Electronic Transactions Act), all of which shall constitute a single agreement. If the dates set forth at the end of this document differ, this Agreement shall be effective as of the later signature date.

J) FORCE MAJEURE: Neither Party shall be liable for any failure or delay in performance (other than payment obligations) due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil or military authorities, riots, embargoes, pandemics, governmental restrictions, natural disasters, and other unforeseen circumstances.

K) NOTICES — ELECTRONIC COMMUNICATIONS PERMITTED: Any notice to be given under this Agreement shall be in writing and shall be sent by first-class mail, airmail, or email to the address of the relevant Party set out at the head of this Agreement, or such other address as that Party may from time to time notify to the other Party in accordance with this clause.

Notices sent as above shall be deemed to have been received three (3) working days after the day of posting (in the case of inland first-class mail), seven (7) working days after the date of posting (in the case of airmail), or the next working day after sending (in the case of email).

In proving the giving of a notice, it shall be sufficient to prove that the notice was left, or that the envelope containing the notice was properly addressed and posted, or that the applicable means of telecommunication was addressed and dispatched and dispatch of the transmission was confirmed and/or acknowledged, as the case may be.

EXECUTION

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

Landscaper:

Name: ________

Signature: _________________________

Title (if applicable): ________

Date: ________

Client:

Name: ________

Signature: _________________________

Date: ________