This Services Agreement ("Agreement") is dated as of the date above and is between GRASSHUGGERS LLC, an Ohio limited liability company ("Company") and the "Customer" specified below.
The parties agree as follows:
Customer Responsibilities. Customer shall remove all household personal items, trash, and debris from the work area. This includes but is not limited to animal waste, outdoor furniture, grills, and toys. Company: (a) is not responsible for any damage caused to items left in the work area; (b) is not responsible for moving or disposing any of the above items; (c) may choose to work around portions of the affected work area; and (d) may choose not to perform the services in the event the above items are too numerous to work around.
Additionally, Customer shall not schedule any other services that impede Company’s ability to perform Company’s services. In the event Company works around an area or does not perform the services due to an issue raised in this section, Customer will still be charged full pricing, and Company will not return to perform the services until Customer’s next scheduled service day.
Invoicing. Invoices will be sent to Customer on the twentieth (20th) day of the month, solely via email. Invoices are due on the first (1st) day of the month. If payment is not received by the fifth (5th) day of the month, a late fee of $35.00 will be charged. If such failure to pay continues for fourteen (14) days, Company may terminate this Agreement, without incurring any obligation or liability to Customer, and Customer will be charged a termination fee of $150.50. Invoices that are still outstanding as of termination will incur interest at the rate of 5.0%, compounded monthly. Customer shall reimburse Company for all reasonable costs incurred by Company in collecting late payments or interest, including attorney fees, court costs, and collection agency fees. Make payments to: Grasshuggers LLC, 2700 E. Dublin Granville Rd STE 225, Cols, OH 43231 Contact: email@example.com, 614-450-2669.
Time of Performance and Liability. Due to the nature of the services, Company can neither imply nor guarantee a firm completion date. Company shall not be liable for any delay in the completion of the work caused by weather, fire, other casualty, acts of God, acts of third parties, or unforeseen land conditions such as natural ground springs, unknown soft spots, or unmarked or undisclosed underground utilities or drainage or irrigation lines. Further, Company shall not be liable for any delays in the completion of the services caused by governmental control, inability to obtain materials or supplies, or other regulations, restrictions, or conditions over which Company has no reasonable control.
Customer: (a) acknowledges: (i) mowing may leave small tear marks due to the 300-pound weight of the mower during damp conditions; (ii) uneven work area surfaces may cause scalping; (iii) wet and damp conditions may leave clumpy wet grass atop of lawn areas; and (iiii) trimming may damage any surface that comes in contact with a trimmer, including vinyl, stucco, wood, and plastic surfaces; and (b) agrees that Company is not liable for any damages related to these issues. Customer accepts the work AS IS without any representations or warranties of any kind.
Right to Cure. If Company is in breach of any term of this Agreement, Customer shall notify Company in writing and Company shall have 30 days after such notice to take reasonable steps to cure the breach (provided, however, that if the term to be performed by Company is of such nature that the same cannot reasonably be performed within such 30 day period, such default shall be deemed to have been cured if Company commences such performance within said 30 day period and thereafter diligently undertakes to complete the same. It shall neither be a default hereunder, nor shall the rights or obligations be affected in any way, unless Company fails to cure the breach within the cure period.
Miscellaneous. Company is an independent contractor of Customer and not an employee, agent, joint venturer, or partner of Customer for any purpose under any federal, state, or local law, rule, or regulation. Customer will not assign any of its rights or obligations under this Agreement without the prior written consent of Company. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to this Agreement is effective unless it is in writing and signed by each party. This Agreement, including any exhibits, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise of any other rights or remedies that may now or subsequently be available. This Agreement (and all exhibits), and any issues arising out of it, are governed by the laws of Ohio, and any litigation or proceeding shall be brought in the state or federal courts located in Franklin County, Ohio.
Termination. Customer, in writing, may cancel service for any reason at any time. Other than by reason of selling Customer’s house, Customer will be charged a termination fee of $150.50+tax per service selected, if Customer cancels prior to the end of the term. Any services already paid for will be completed before termination, unless Customer waives pending services. Company, in writing, may cancel services for any reason at any time. If Company cancels due to non-payment or habitual failure to remove dog waste, Customer will be charged a termination fee of $150.50+tax. If Company cancels for convenience or due to reasons beyond its reasonable control (such as unusually severe weather or acts of God), no termination fee will be assessed, and Company will not be liable to Customer due to such cancellation.
Term and Scope of Services
Start Date: Date Selected/ Approved by Company End Date: October 31, 2020
Hours of Service: M-F 7:30 a.m. -7:30 p.m.
Mowing Scope of Work.
Lawns will be mowed at a height of 3 and a 1/2 inches tall. Trimming around sidewalks, driveways and fence lines will be completed with mowing. During the season’s driest months: trimming will be done once monthly or as needed. Blowing paved areas free of grass clippings will be done with mowing.
Company will arrive based on selected mowing. Customer’s mowing day may change as route changes may be needed for route efficiency. Any changes in scheduling will be communicated through text message or email. Expect delays on rainy days. Company is closed on holidays. Company will arrive a day behind the week of a holiday. If it rains for 3 consecutive days in a row (unusually severe weather), Customer may not be mowed that week. Unusually severe weather will not result in any refunds or prorated invoices.
Organic Lawn Applications Scope of Work and Frequency.
Organic lawn applications do not align with invoicing. Three total lawn applications will occur between April and August for customers valid on April 1. All customers valid after April 15, will receive fewer applications based on the first date of service and remaining application to be applied for the term.
Conventional Lawn Applications Scope of Work and Frequency.
Conventional lawn applications do not align with invoicing. Seven total lawn applications will occur between March and October for customers valid on March 1. All customers valid after April 15, will receive fewer applications based on the first date of service and remaining application to be applied for the term.
Lawn Diseases, Pest Damage, Weed Eradication.
Company makes no promises or warranties regarding preventing turf diseases, pest or insect damage, or eradication of all undesirable weeds. The applications are intended to aid in controlling undesirable weed populations and supplying nutrients that help promote healthy grass growth.
Organic Mosquito Application Scope of Work and Frequency.
Mosquito applications do not align with invoicing. Company will apply organic mosquito applications to customer’s lawn, shrubs and non-flowering plants. Seven total lawn applications will occur approximately every 3 weeks between May and September 31. All customers valid after May 1, will receive fewer applications based on the first date of service and remaining application to be applied for the term.
Flags are posted in the lawn near the sidewalk & driveway entry areas after lawn applications are completed.
Landscape Maintenance Scope of Work.
Pulling weeds, trimming shrubs/evergreens, deadheading plants, removing dead plant matter, digging up small saplings, picking up sticks in beds, pruning lower limbs on small dwarf trees.
Landscape Maintenance Frequency.
Service performed on schedule selected. Two landscapers for one hour or the equivalent of labor hours selected. Thirty minutes is for two landscapers for thirty minutes or the equivalent of labor hours selected. One time service constitutes one hour for two landscapers or the equivalent of labor hours selected. Maintenance is completed, when the time selected has expired or when maintenance is completed, whichever occurs first. If maintenance can not be completed in the allotted time Company may schedule additon time at the rate of $115+tax each additional hour or part thereof to be completed on a different day within the same month if requested by the customer. Customers will be notified by email if maintenance could not be completed in the allotted time.
Excluded From Maintenance.
The use of herbicides, cutting down trees, edging beds, laying mulch, lawn mowing, leaf pickup (autumn leaves), planting new plants, spring cleanup, property line hedges ( rows of shrubs/ evergreens screening/ property line barrier ) anything outside bed areas.
By clicking "I Accept" the Customer accepts the terms of this Agreement. This is not a valid and binding Agreement until the "I Accept" button is clicked.