Lawn Maintenance & Lawn Care Contract Template

Lawn Maintenance Agreement

This Lawn Maintenance Agreement (the “Agreement”) is entered into and made effective this ____ day of _______________, 20___ (the “Effective Date”), by and between John Doe, with a mailing address of 1234 Heartland Drive, Anywhere, State 12345 (the “Client”) and Lawn Keepers, LLC, a [insert state in which incorporated] corporation [or limited liability company if applicable], with a mailing address of 123 Main Street, Somewhere, State 54321 (the “Company”). The Client and the Company shall collectively hereinafter be known as the “Parties” or “Party,” as applicable.   WHEREAS, the Company offers lawn maintenance and irrigation services and the Client desires to employ the Company to perform such services in connection with the details outlined herein;   WHEREAS, this Agreement is intended to outline the terms and conditions applicable to the service aspects of such business relationship between the Parties.   NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto covenant and agree as follows:

1. DESCRIPTION OF SERVICES. Beginning with the first full month after the Effective Date of this Agreement, the Company will use its professional knowledge and skills to provide lawn maintenance services to the Client on a monthly basis, with irrigation services provided as needed (the “Services”) at the residential property located at ______________________ [insert street address, city, state, zip] (the “Property”). The Client warrants and represents that the Client either owns the Property or holds the authority to engage the Company for the Services requested in connection with the Property. The Services shall generally be performed on a weekly basis except during certain seasonal times of the year when the Company, in its sole discretion and knowledge, believes that performance of the Services will be a detriment to and compromise the health of the lawn. During these seasonal periods, the Company may provide the Services on a semi-monthly basis or other schedule as determined by the Company.

2. COMPANY RESPONSIBILITIES. The Company shall maintain the lawn of the Client by mowing, weed eating, and trimming at the Property. Additionally, when necessary, the Company shall install and/or maintain the irrigation system at the Property. The Company shall be financially responsible for replacing only those irrigation heads that are destroyed during performance of the Services. All other broken irrigation heads shall be the responsibility of the Client. Any spraying of chemicals used in weed control shall be done so under the appropriate permits, training, and/or certification, as applicable, by the Company.

1. Landscape Services. The Company may provide basic landscape services if requested by the Client with both Parties acknowledging that the cost for such landscape work would be outside of this Agreement (but may be invoiced along with the Services) and would involve labor and materials costs in addition to the Compensation for the Services agreed upon herein. The Parties shall work together to implement a landscape design within the Client budgetary guidelines and which complies with any and all state, city, and/or local regulations. It shall be the responsibility of the Company to have a full understanding and abide by such regulations and any “call before you dig” specifications and designs that may need to be submitted before a zoning committee or other governmental agency for approval. Additionally, the Parties desire that the landscape incorporate native and bee-friendly [bee-friendly may be deleted if there are concerns for safety/allergies or not allowed under regulations] plants/vegetation as much as reasonably allowable within the design.

3. In consideration for the Services, the Client shall pay the Company a monthly fee in the amount of $______________________ [insert monthly amount] for Services (the “Compensation”). The Company shall mail via United States Postal Service on the 25^th of each calendar month an invoice to the Client for the Compensation due for that current month’s Services. The invoice shall be paid by the Client to the Company by the 5^th day of the following calendar month. Should the Client fail to pay two (2) consecutive months’ worth of invoices, the Company may assess a ten percent (10%) penalty fee and/or consider termination of this Agreement.

4. STAFF. The Company may assign a team of employees (“Employees” or “Employee” as applicable) to perform the Services. The Company reserves the right to change any Employee assignment and substitute another Employee at any time due to illness or other emergency. The Employees shall wear a uniform consisting of a Company-logo’d shirt and shorts or pants (depending on seasonal climate) [or other uniform as desired]. The Employees shall be allowed a 15-minute break for every four (4) hours of work and one half hour (1/2) for a lunch break should the Services last over six (6) hours. No smoking is allowed by the Employees except in an outside location reasonably away from any of the Client’s windows or doors.

5. The Parties shall provide the other Party a notice of cancellation of not less than thirty (30) days.

6. LAWS AND PERMITS. The Company shall be responsible for the acquisition of all state, county, city, and/or municipality licenses and/or permits required to provide the Services.

7. BACKGROUND CHECK; CRIMINAL RECORD. The Company affirms that all employees (“Employees”) have been fully vetted and passed a background check, along with any international, federal, state, and local searches deemed necessary. No Employee has any criminal history relating to driving offenses and/or crimes associated with the consumption of alcoholic beverages, child abuse, violence directed at children, crimes against an individual (e., battery or assault of any kind), and is not listed as a sex offender on either a federal or state-based registry. Additionally, for purposes of federal immigration law, all Employees have provided the Company with documentary evidence of identity and eligibility for employment in the United States.

8. RELEASE. The Client hereby assigns the Company an irrevocable and unrestricted right to use and publish photographs of the Property for editorial, trade, advertising, educational, and any other purpose and in any manner and medium; to alter same without restriction; and to copyright same. The Client releases all claims to profits that may arise from the use of any images. The Company shall not use any images in which people appear.

9. LICENSE AND INSURANCE. The Company shall be licensed and approved for doing business in the state, county, city, and/or municipality of the Services provided. Additionally, the Company shall be insured and/or bonded as to its services. The Company acknowledges and agrees that this information may be subject to verification by the Client prior to the initiation of the Services. The Company shall cooperate fully in providing the Client with requested supporting documentation.

The Company shall maintain a policy(ies) of commercial general liability insurance with limits of liability of not less than Five Hundred Thousand Dollars ($500,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate providing coverage for, among other things, commercial auto and worker’s compensation (or alternatively, a business owners’ policy which covers general liability and commercial property insurance). All insurance required to be maintained by the Company pursuant to this Agreement shall be maintained with responsible companies qualified to do business, and in good standing, in the state of _______________ [insert state of Company] and which have a rating of at least “A-” in the most current A.M. Best’s Insurance Guide or such similar rating as may be reasonably expected. If the Company cannot or will not provide evidence of the appropriate insurance coverage within five (5) business days of the Effective Date herein, this Agreement shall terminate at that time.

10. FORCE MAJEURE. Neither Partyshall be held liable or responsible to the other Party nor be deemed to have defaulted under or breached this Agreement for failure or delay in fulfilling or performing any term of this Agreement to the extent, and for so long as, such failure or delay is caused by or results from causes beyond the reasonable control of the affected Party including but not limited to fire; floods; embargoes; war; acts of war (whether war be declared or not); acts of terrorism; insurrections; riots; civil commotions; strikes; lockouts or other labor disturbances; military disturbances; shortage of supply; acts of God; loss or malfunction of utilities, communications or computer (software or hardware) services; or acts, omissions or delays in acting by any governmental authority or the other party. A Party claiming the benefit of this provision shall, as soon as reasonably practicable after the occurrence of any such event, (a) provide written notice to the other Party of the nature and extent of any such Force Majeure condition; and (b) use commercially reasonable efforts to remove any such causes and resume performance under this Agreement as soon as reasonably practicable.

11. TERMINATION. This Agreement shall terminate upon the occurrence of any of the following: (i) in the event either Party defaults in any material obligation owed to the other Party pursuant to this Agreement, then this Agreement may be terminated if the default is not cured following five (5) days’ written notice to the defaulting party and/or (ii) the Company becomes bankrupt or insolvent, or bankruptcy or insolvency proceedings are instituted against the Company and the proceeding is not dismissed within sixty (60) days of commencement.

12. MEDIATION AND ARBITRATION. Any dispute, claim, or controversy arising from or relating to this Agreement must exclusively be resolved first by mediation with a single mediator selected by the Parties, with such mediation to be held in ___________ [City], ________ [State]. If such mediation fails, then any such dispute shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association in effect at the time the arbitration proceeding commences, except that (a) _______ [state of Company] law and the Federal Arbitration Act must govern construction and effect, (b) the locale of any arbitration must be in ___________ [City], ________ [State], and (c) the arbitrator must with the award provide written findings of fact and conclusions of law. Any Party may seek from a court of competent jurisdiction any provisional remedy that may be necessary to protect its rights or assets pending the selection of the arbitrator or the arbitrator’s determination of the merits of the controversy. The exercise of such arbitration rights by any Party will not preclude the exercise of any self-help remedies (including without limitation, setoff rights) or the exercise of any non-judicial foreclosure rights. An arbitration award may be entered in any court having jurisdiction.

13. APPLICABLE LAW. This Agreement shall be construed and governed by the law of the state of [insert state of Company] without regard to principles of conflicts of law.

1. No Waiver. The failure of a Party to require strict performance of any provision of this Agreement by the other, or the forbearance to exercise any right or remedy, shall not be construed as a waiver by such Party of any such right or remedy or preclude any other or further exercise thereof or the exercise of any other right or remedy.

1. Severability. The invalidity or unenforceability of any provision of this Agreement does not affect the validity or enforceability of any other provision of this Agreement.

1. Entire Agreement; Amendments. This Agreement has been freely negotiated and contains the entire understanding between the Parties for the Services outlined herein. The Parties acknowledge that they have read and understand the terms contained herein and agree to same. This Agreement supersedes all prior agreements, representations, or understanding (whether written, oral, implied, or otherwise) between the Parties. These terms may not be amended or modified, in whole or in part, except by an express written agreement between the Parties.

1. Headings. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning of any provision of this Agreement.

1. Counterparts; Facsimile and Electronic Signatures. This Agreement may be executed in counterparts, all of which together shall constitute one and the same agreement. Any electronic signature shall have the full weight and authority as an original signature on this Agreement. Additionally, any signature page delivered electronically or by facsimile shall be binding to the same extent as an original signature page with regards to any agreement subject to the terms hereof or any amendment hereto.

IN WITNESS WHEREOF, the Parties have executed this Agreement as identified below and as of the Effective Date of this Agreement.   “CLIENT”                                                                           JOHN DOE     _____________________________________________ Signature       “COMPANY”                                                                           LAWN KEEPERS, INC./LLC     ___________________________________________ Signature of Authorized Company Representative     ___________________________________________ Printed Name of Authorized Company Representative

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