Gardening Plantings Form

GARDENING PLANTINGS AGREEMENT

This Gardening Plantings Agreement (the Agreement) is entered into between Contractor Name: and Client Name: .

WHEREAS

WHEREAS, Contractor is engaged in the business of providing landscape and planting services and represents that it has the necessary skill, equipment, personnel and licenses to perform the work described herein;

WHEREAS, Client desires to procure from Contractor certain planting, planting preparation, and related services at the Site Address:

WHEREAS, the parties agree to record the terms of their agreement in writing as set forth below.

SCOPE OF WORK

Work shall include all labor, materials, equipment, planting, soil amendments, mulching, irrigation adjustments as specified above and any plant handling necessary to complete the planting in a professional manner in accordance with industry standards. Any work beyond the scope must be authorized in writing as a Change Order.

PLANT SCHEDULE (ITEMIZED)

Complete the table below to identify plants to be supplied and planted. Quantities and sizes are guaranteed by Contractor only as noted.

PAYMENT TERMS

Total Contract Price: $

Deposit Amount: $    Balance Due: $    Balance Due By:

Late Payment Fee: If any undisputed payment is not received within days after the due date, interest will accrue at or the maximum permitted by law, whichever is less.

TERM AND TERMINATION

Work Commencement Date:    Estimated Completion Date:

Either party may terminate this Agreement for material breach by the other party if the breaching party fails to cure the breach within days after written notice. Client may terminate for convenience upon days' prior written notice, subject to payment for work performed and materials purchased.

CONFIDENTIALITY

Each party shall keep confidential and not disclose to any third party any non-public business or technical information received from the other party in connection with this Agreement, except (a) as required by law or court order, (b) to its employees, agents or subcontractors on a need-to-know basis, or (c) for information that becomes publicly available through no fault of the receiving party. This confidentiality obligation survives termination for a period of two (2) years.

WARRANTY, MAINTENANCE & INSPECTION

Contractor warrants that plants supplied will be healthy and true to the specified botanical names at the time of planting. Warranty period: . Warranty is limited to replacement of plants that fail under normal conditions and does not cover losses due to theft, neglect, vandalism, acts of God, improper irrigation, or improper maintenance by Client.

Client shall inspect completed work within days and notify Contractor in writing of any nonconforming work. Failure to timely notify constitutes acceptance.

SITE ACCESS, PERMITS AND CLIENT RESPONSIBILITIES

Client is responsible for providing Contractor with reasonable access to the Site during normal working hours and for ensuring that any utilities are marked prior to commencement. Client represents that any necessary permits or approvals have been obtained unless otherwise agreed in writing.

INSURANCE, LIABILITY AND INDEMNITY

Contractor shall maintain commercial general liability insurance and workers' compensation as required by law. Contractor's liability for any claim arising out of this Agreement shall be limited to direct damages not to exceed the total fees paid by Client under this Agreement. Neither party shall be liable for indirect, incidental, consequential or punitive damages. Each party shall indemnify the other for claims arising from its own negligence or willful misconduct.

CHANGE ORDERS

GOVERNING LAW; ENTIRE AGREEMENT

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of laws principles.

This Agreement, including all exhibits and written Change Orders signed by both parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior oral or written representations, negotiations and agreements. Any amendment must be in writing and signed by authorized representatives of both parties.

MISCELLANEOUS PROVISIONS

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Notices shall be in writing and delivered to the addresses provided by the parties below.

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