Service Agreement Terms and Conditions
YOU MUST READ THIS AGREEMENT PRIOR TO SERVICE. BY READING THIS YOU ACKNOWLEDGE THE TERMS AND CONDITIONS AND AGREE TO SAID TERMS AND CONDITIONS
Between Mulch-On and client...Thank you for trusting your garden with us. You have hired us because you do not know how or do not want to perform the services we offer. We are the experts and will do our most excellent work to see your garden dreams realized.
The client is of the opinion that Mulch-On has the necessary qualifications, experience and abilities to provide said services to client
Mulch-On is agreeable to providing such services as laid out in this Legally Binding Agreement
The client and Mulch On a LLC individually agree upon the following:
Payment is due upon service unless other payment arrangements are established between client and Mulch On.
Client hereby agrees to engage Mulch-On to provide the services discussed with property owner and Mulch On Service representative outlined in estimate_
*see detailed description of services on client estimate copy*
The services will fall under gardening, weed pulling, small scape, drought tolerant, and potted plant design and creation, consultation as well as what is defined above.
Terms of Agreement:
The term of this agreement will begin on the date the services starts and will remain in effect until services are complete, unless terminated by either party (see below) or if further services are requested by client and agreed upon by both parties with new written agreement.
A thorough inspection of garden site or walk through will be performed at each job. Before pictures will be taken. Sprinkler systems will be marked out with orange indicator flags. Client must inform Mulch On of any sprinkler head issues or dry areas prior to start of job. Mulch On will also report any broken lines in drip system to client prior to starting job and will have connectors to repair if needed. Mulch On will be responsible for any damage to sprinkler system or drip lines that was not present prior to start of job. Any questionable weeds or dead plants will be addressed with client before we pull it out. Client is responsible to inform Mulch On of preferences regarding "wild flowers" vs "weeds"
Performance: The parties agree to do everything necessary to ensure the terms of this agreement take effect. Mulch-On strives to complete each job efficiently in the least amount of time. Neat and clean should be the end product.
Estimates: A good faith estimate will be provided by Mulch On owner. The estimate shall include the plan and any other documents referred to in the estimate. Mulch On reserves the right to increase or decrease the estimate based on changes of design, time required or materials by the client after project has begun.
Mulch-On charges on a per hour basis unless otherwise agreed upon.
A time allotment will be determined upon starting this job and is payable by client upon at start of job. Mulch On will attempt to align with the estimated price unless unforeseen circumstances cause increased work or time. In any case payment will be expected for the allotted work and time at completion of job.
Non-payment: Non payment will be defined as a current or new client failing to pay upon day of service or within one week of service by any means, including cash, online, bill pay, and mailing a check. Mulch On will not be able to provide further services until debt is fulfilled and may terminate services completely if said client is consistent with failure to pay. *see termination of services. Bill pay option will only be available to clients who have demonstrated responsible payment.
Design Consultations: will be for low water usage, ease of maintenance and successful gardening for years to come. Includes designs for gardens, small scapes, potted plants, veggie gardens, garden features and garden rooms for outdoor living.
Mulch On designer and client will discuss client garden vision. Mulch On will take pictures of clients current yard or area and then render a mini makeover digital image of designer rough idea at initial visit. If client chooses to work with designer a deposit will be made to complete the design.
Mulch On charges a minimum deposit of $150 payable at onset of agreement between client and Mulch On. Consultations can be for design or for simple garden planning, raised beds, what to plant when and where to plant what types of soil to be a successful gardener, how to care for it and maintenance schedule. Compost education and which mulch material to use will also be included. The deposit in most cases covers the cost of the design. On presentation day the client will pay the designers cost for the design if cost exceeds $150 prior to presentation. any alterations to plan at that time will be at no charge. The client will then choose to do work themselves or they can chose to hire Mulch On which will require another estimate for work if client so chooses.
Termination of Services
In the event that this agreement is terminated by either party prior to completion of services Mulch-On will be compensated pro-rata for services rendered prior to termination of job. Provided there has been no breach on the part of Mulch-On.
The estimate does not include taxes or any other applicable duties as may be required by law and will be due in addition to hourly rate upon completion of job. Total payment will be collected at end of each work day in full. Cash or Credit Card.*see non-payment*
Reimbursement: From time to time Mulch-On will be reimbursed for reasonable and necessary expenses incurred throughout the duration of job. This includes plantings, hauling and mulch
Return of Property: Mulch-On only uses their own tools and equipment. In the event that this agreement is terminated by client prior to completion, Mulch-On will be entitled to the recovery from the site of any materials or equipment which is the property of Mulch-On. Or where agreed between the parties to compensation in lieu of recovery.
Right of Substitution: Mulch-On at Mulch-On's absolute discretion engage a third party subcontractor to provide some or all of the said obligations, and the client will not hire any or engage any third parties to assist with the job. However Mulch On will not be responsible or liable for structural considerations, appearance of finished features or overall management of works where a third party has provided advice, drawings, or supervision
Autonomy: Except where otherwise provided in this agreement, Mulch-On will have full control over working time, methods and decision making in relation to the services provided in the job. Mulch-On and it's employees will work autonomously under the direction of Mulch-On owner and supervisor and not under the direction of the client. However Mulch-On will be responsive to the reasonable needs and concerns of the client.
Indemnification: Except to the extent paid in a settlement from any applicable insurance policies, and to the extent permitted by applicable law, each party agrees to indemnify and hold harmless the other party and it's respective directors, supervisors, employees, against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses and reasonable legal fees of any kind or amount whatsoever, which result from or arise from any act of omission of the indemnifying party, it's directors, supervisors and employees that occurs in connection with this agreement. The indemnification will survive the termination of this agreement
Mulch-On will treat each client and their garden/yard with respect and kindness.
If any client does not reciprocate this attitude and any employee is mistreated verbally or otherwise Mulch-On reserves the right to terminate the agreement/job immediately with payment for services already rendered due upon our departure from site.
All clients will secure all animals prior to our arrival. Mulch-On is not responsible for your animals, but will ensure that any gates are closed and any enclosures left as they were when we arrive on the job. Mulch-On asks that all pet excrement be removed prior to our arrival. Extra charges may apply for removal of pet excrement.
Mulch-On will not use client bathrooms. Employees will take breaks accordingly and drive to nearest public restroom without notification to client. Client will not be charged for breaks.
Modification of Agreement: Any modification to this agreement or any additional obligation assumed by either party will not be legally binding unless in writing and signed by both parties.
Governing Law: This agreement will be governed by and construed in accordance with the laws of the State of Washington.
In the event that any of the provisions of the Agreement are held to be invalid or unenforceable in whole or part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this agreement.
By reading this agreement and acknowledging the receipt of this agreement both parties agree that this is a legally binding agreement and will abide accordingly to each clause and any modifications set forth in writing.
Photography: Mulch On will take before and after pictures of your garden to be displayed in Mulch On website portfolio. Mulch On agrees to take special precautions not to reveal the location of your home or property
Yard Sign: At times Mulch On will place a company yard sign in your garden area or front yard whichever has most drive by or walking traffic, during the time job is being completed and 1 week after. Sign will be picked up and removed by Mulch On.
Signed by: Jan Oliver Mulch-On owner/CEO or Mulch On Specialist
If you object to photos you must inform Mulch On representative at start of job.
Acknowledgement of receipt of this agreement necessary prior to start of job. In doing so you are indicating acceptance of above agreement.
Unless otherwise stated I agree to all of the above service agreement.