Services Provided:
1.1 Description of Services: Imagine Landscape agrees to perform landscape maintenance services as specified in the maintenance contract or agreement ("Maintenance Contract").
1.2 Frequency of Services: The frequency of maintenance visits, such as weekly, bi-weekly, or monthly, will be determined based on the specific needs and requirements of the Client, as outlined in the Maintenance Contract.
Term and Termination:
2.1 Term: The initial term of the Maintenance Contract shall be as specified in the agreement, typically for a period of one year. After the initial term, the Agreement may automatically renew for subsequent terms of the same duration unless either party provides written notice of termination at least 30 days prior to the expiration of the current term.
2.2 Termination: Either party may terminate the Maintenance Contract in the event of a material breach by the other party. Termination notices must be provided in writing and specify the grounds for termination. In such cases, the terminating party shall pay for all completed work and any costs incurred up to the termination date.
Client Responsibilities:
3.1 Access to Property: The Client shall provide Imagine Landscape with access to the property during scheduled maintenance visits.
3.2 Utilities and Equipment: The Client shall ensure the availability of utilities, such as water and electricity, required for landscape maintenance. The Client is responsible for providing and maintaining any necessary equipment, such as irrigation systems or outdoor power outlets, unless otherwise specified in the Maintenance Contract.
Payment Terms:
4.1 Pricing: The pricing for the landscape maintenance services will be as outlined in the Maintenance Contract. Prices may be subject to adjustment based on factors such as the size of the property, specific maintenance requirements, or changes requested by the Client.
4.2 Invoicing and Payment Schedule: Invoices will be issued according to the agreed-upon payment schedule specified in the Maintenance Contract. Payment terms and due dates shall be clearly indicated on each invoice. Late payments may be subject to additional fees or interest charges as specified in the Maintenance Contract.
Changes to Services:
5.1 Change Requests: If the Client wishes to make any changes to the services specified in the Maintenance Contract, the Client must submit a change request in writing. Imagine Landscape will evaluate the request and provide an estimate of the additional costs, if applicable. Changes will only be implemented upon mutual agreement and written approval by both parties.
Warranty and Liability:
6.1 Workmanship Warranty: Imagine Landscape warrants that all maintenance services will be performed in a professional and workmanlike manner. We will correct any defects resulting from our workmanship within a reasonable time frame, as outlined in the warranty terms provided with the Maintenance Contract.
6.2 Limitation of Liability:
a. Imagine Landscape shall not be held liable for any damage or loss caused by faulty or malfunctioning irrigation systems, including damage to plants, turf, or other landscape elements resulting from inadequate or incorrect watering.
b. The Client acknowledges that the maintenance of irrigation systems, including repairs, adjustments, and regular inspections, is the sole responsibility of the Client unless explicitly stated otherwise in the Maintenance Contract.
c. Imagine Landscape shall not be held liable for any damages or costs associated with the repair, replacement, or maintenance of irrigation systems unless such services are explicitly included in the Maintenance Contract and performed by Imagine Landscape
Pet Waste Cleanup Policy:
8.1 Prior Clearance of Excessive Pet Waste: The Client acknowledges and understands that excessive pet waste can hinder the effectiveness and efficiency of landscape maintenance services. Therefore, it is the responsibility of the Client to clear excessive pet waste from the designated areas prior to each scheduled maintenance visit.
8.2 Non-Completion and Service Charge: If Imagine Landscape is unable to perform the scheduled maintenance services due to excessive pet waste in the designated areas, the Client will be charged for the scheduled service, even if it cannot be completed. The Client will be notified of the inability to complete the service and the associated charge.
8.3 Communication and Rescheduling: In the event of excessive pet waste preventing the completion of scheduled maintenance, Imagine Landscape will communicate with the Client to discuss potential solutions, such as rescheduling the service visit or arranging for an additional cleanup at an extra cost.
Use of Images for Marketing, Social Media, Management, and Project Tracking Purposes:
9.1 Consent for Photography and Videography: The Client hereby grants Imagine Landscape the right to take photographs or videos of the completed landscape work performed under this Agreement for management and project tracking purposes, in addition to marketing and social media purposes.
9.2 Marketing and Promotional Materials: Imagine Landscape may use these photographs or videos for marketing and promotional purposes, including but not limited to, website content, social media posts, advertisements, brochures, and other marketing materials.
9.3 Project Tracking and Management: Imagine Landscape may use the photographs or videos for internal project tracking, management, and documentation purposes, including monitoring project progress, assessing work quality, and maintaining project records.
9.4 Client Approval: Imagine Landscape will make reasonable efforts to ensure that any photographs or videos used for marketing, promotional, management, or project tracking purposes do not disclose sensitive or confidential information about the Client or their property without prior written consent.
