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Landscaping Services Contract Template

Used 6,888 times

Landscaping Contract Template

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Prepared by:

[Sender.FirstName][Sender.LastName][Sender.Company]

Prepared for:

[Client.FirstName][Client.LastName]

[Client.Company]

This Landscaping Services Contract (the “Agreement”) states the terms and conditions that govern the contractual agreement between [Sender.Company], having its principal place of business at [Sender.StreetAddress] (the “Landscaper”), and [Client.FirstName][Client.LastName] (the “Client”), who agrees to be bound by this Agreement.

WHEREAS,​ [Sender.Company] is engaged in the business of offering landscaping services; and

WHEREAS, [Client.FirstName][Client.LastName] desires to retain the services of [Sender.Company] to render landscaping services conforming to [Client.FirstName][Client.LastName]’s design and direction according to the terms and conditions herein.

NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, [Sender.Company] and [Client.FirstName][Client.LastName] (individually, each a “Party” and collectively, the “Parties”) enter into a covenant and agree as follows:

1. The Property

The location at which [Sender.Company] shall perform such services is located at [Client.StreetAddress] (the “Property”). [Client.FirstName][Client.LastName] warrants and represents that [Client.FirstName][Client.LastName] either owns the Property and/or holds the proper legal authority to engage [Sender.Company] for the landscaping services requested on the Property.

2. Term

[Sender.Company] shall perform the landscaping services described herein once every agreed-upon period for the total time frame of the contract.

a. Either Party may terminate this Landscape Maintenance Service Agreement for any reason within (NUMBER DAYS WRITTEN NOTICE) days written notice to the other Party.

3. Landscaping Services

[Sender.Company] agrees that it shall perform the landscaping services described on Exhibit A attached hereto (the “Landscaping Services”). In the event that [Client.FirstName][Client.LastName] changes the scope of the landscaping services after executing this Agreement, the cost of services and/or materials may increase.

4. Compensation

In consideration for the landscaping services, [Client.FirstName][Client.LastName] shall pay [Sender.Company] at the rate of ($ numerical dollar amount) pay rate per hour or ($ numerical dollar amount) per job completed or time interval agreed upon (weekly, monthly, etc.). The total time frame estimated cost for this contract is ($ numerical dollar amount), although this is just an estimate.

[Sender.Company] shall invoice [Client.FirstName][Client.LastName] once every agreed-upon time period, and such invoices shall be due and payable within (number) of days of the client’s receipt of the invoice.

Should the client fail to pay [Sender.Company]’s invoice within (number) of days after receipt, a late fee will be applied, typically 10% of the entire invoiced amount. Failure to pay an invoice may result in immediate termination of this contract.

5. Client’s Responsibilities

[Client.FirstName][Client.LastName] shall be responsible for the following to ensure the landscape services are sufficiently performed:

  • Accurately appraise the landscaper as to the property lines of the property to ensure [Sender.Company] does not encroach on any third party's property.

  • Accurately appraise [Sender.Company] as to any subsurface utility and service lines including (but not limited to) electrical, telephone, and gas lines.

  • The landlord is responsible for yard management and will maintain the yard with reasonable care. Yard refers to any lawns, shrubs, bushes, flowers, gardens, trees, rock or other landscaping, and other greenery on or encroaching on the property or any easement appurtenant to the property, excluding common areas managed by an owner's association, if applicable. General yard maintenance that may be overseen by the landlord and may also be covered by the scope of this landscaping contract includes, but is not limited to, mowing, fertilization, pruning, etc. General yard maintenance that IS NOT COVERED by the scope of this contract includes, but is not limited to, insect control and any animal control whatsoever. The landlord will be responsible for treating any wood-destroying insects at his or her own discretion. If the yard is maintained by the landlord, the tenant shall provide the landlord and landlord's contractors reasonable access to all areas of the yard and will remove any pets from the yard at appropriate times.

  • The client is not required to be present during service calls and hereby provides permission to the contractor and shall enable admission to the property on planned or otherwise agreed-upon service days from 8 a.m. to 5 p.m.

  • For the security of all parties involved, the client should keep all its domestic animals secured inside a building or gated area and shall keep children away from the contractor's work zone while the contractor is providing services.

  • The client must tell the contractor on paper of any flora that are exceptionally rare or valuable, as well as their estimated replacement costs. The company maintains the right to refuse to execute any services near such plants.

6. Landscaper’s Responsibilities

In performing the landscaping services, the landscaper shall be responsible for the following:

  1. Obtaining any permits required to perform the landscaping services.

  2. Oversight of the materials to be purchased to perform the landscaping services.

  3. Clean the Property and remove all debris after performing the landscaping services.

  4. Obtaining liability insurance in the amount of ($ numerical dollar amount), the required insurance minimum per occurrence for bodily injury, death, and/or property damage.

  5. If services cannot be performed by the contractor on any scheduled day, the missed service shall be rescheduled by mutual consent; failing which, the cost of any and all missed services shall be deducted from the final invoice of the contract.

7. Workers Insurance

The contractor is legally required to procure and retain worker's compensation insurance as required by relevant state legislation for all contractor's employees committed at the work site under this contract, and in the event that any such work is conducted by a subcontractor, the contractor shall guarantee that the subcontractor correspondingly provides worker's compensation insurance for all subcontractor's workers involved in the project.

8. Promotion

[Client.FirstName][Client.LastName] hereby authorizes [Sender.Company] to take photographs of [Client.FirstName][Client.LastName]’s property for the use of promoting [Sender.Company]’s landscaping services at​ [Sender.Company]’s discretion and grants [Sender.Company] the sole right in the intellectual property of any such photographs.

9. Indemnification

[Client.FirstName][Client.LastName] agrees to indemnify, defend, and protect [Sender.Company] from and against all lawsuits and costs of every kind pertaining to the landscaping services, any false information delivered by [Client.FirstName][Client.LastName] on the property, or failure to deliver relevant information by [Client.FirstName][Client.LastName].

10. No Modification Unless in Writing

No modification of this agreement shall be valid unless in writing and agreed upon by both Parties.

No aspect of this agreement may be amended, waived, or discharged unless agreed to in written form and signed by both Parties.

11. Applicable Law

This consulting agreement and the interpretation of its terms shall be governed by and construed following the laws of the State of [Sender.State] and subject to the exclusive jurisdiction of the city, county and state courts located in [Sender.Country], [Sender.State].

IN WITNESS WHEREOF, each of the Parties has executed this landscaping agreement, both parties by its duly authorized representative, as of the day and year set forth below.

[Sender.Company]

[Client.Company]

Signature
MM / DD / YYYY

Signature
MM / DD / YYYY

[Sender.FirstName][Sender.LastName]

[Client.FirstName][Client.LastName]

Exhibit A – Landscaping Services

The Landscaping Services shall encompass the following:

For the term of (number) months, with the contract being effective from the date of signing, both parties have agreed to the following landscaping services:

  • Landscape management (regular service, with the exception of Sundays, bank holidays, or disasters)

  • Residential landscaping (for Buildings A, B, and C situated at [Client.StreetAddress])

  • (If applicable) Installation of sprinkler systems ( X amount of sprinklers would be installed throughout the property)

  • (If applicable) Irrigation system installation (eco-friendly system installation with once a year repairs included)

  • General grounds maintenance (complementary service with landscape management)

  • Lawn mowing and maintenance (regular service, with the exception of Sundays, bank holidays, or disasters)

  • Maintenance of trees and shrubs (regular service, with the exception of Sundays, bank holidays, or disasters; removal of trees and shrubs included as and when necessary)

Terms and Conditions for Termination

If, for any reason, the contractor fails to fulfill obligations under the contract in a timely and satisfactory manner, or if the contractor infringes any of the contract's requirements, the client shall have the right to rescind the contract by providing written notice of such dismissal to the contractor at least thirty (30) days prior to the suggested date of issuance of the termination. Such severance releases the owner from any obligation to pay any payment or sums stipulated in the contract to the contractor.

The contractor is obliged to indemnify and keep the owner harmless from any obligation to subcontractors/suppliers arising from the owner's legitimate termination of the contract under this paragraph. In the event of a contractor default, the owner may get the products or services required for landscape maintenance from other sources.

Liability Waiver

To the greatest extent permitted by law, the client shall be liable for all bodily harm and property damage caused by their actions and those of their employees or agents in connection with this contract should any individual trespass the terms and boundaries of this agreement. This includes any and all individuals associated with the client, and the client themselves, who are explicitly advised to not be on the property where the landscaping is taking place while the contractor is fulfilling the duties and obligations of this contract. [Sender.Company] IS NOT LIABLE FOR ANY HARM OR INJURY ORIGINATING FROM OR RESULTING FROM ANY NEGLIGENT CONDUCT BY THE CLIENT AND/OR THEIR EMPLOYEES OR AGENTS SHOULD THEY NOT FOLLOW THE TERMS OF THIS CONTRACT. This section's duties and stipulations will survive until the end of this agreement.

Acceptance and Signature

To agree with the landscaping contract, please provide your signature below:

[Sender.Company]

​​[Client.Company]

Signature
MM / DD / YYYY

Signature
MM / DD / YYYY

​​[Sender.FirstName][Sender.LastName]

​​[Client.FirstName][Client.LastName]

Landscaping Services Contract Template

Used 6,888 times

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