Is a waiver enforceable electronically?

Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, provided intent, consent, attribution, and record retention requirements are met.

Do I always need a notary or witness?

Not always. Notarization and witness requirements depend on state law and organizational policy. Confirm state-specific rules; some states require witnesses or notary for certain property-related instruments.

What insurance limits should be required?

Require commercially reasonable limits tied to scope of work and site risk. Typical requirements include general liability with a specified minimum and naming the owner as additional insured.

Can I use a template for multiple sites?

Yes. Use a standard template with site-specific exhibits or attachments for location, scope, and insurance to ensure consistency while capturing unique details.

How do I revoke or cancel a waiver?

Include termination and revocation language in the waiver specifying notice periods, conditions for cancellation, and obligations upon termination to avoid ambiguity.

Where should signed waivers be stored?

Store executed waivers in a secure document repository with tamper-evident PDFs and audit logs. Maintain retention schedules aligned with IRS, state, and industry rules.

Landscape Use Waiver

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LANDSCAPE USE WAIVER

This Landscape Use Waiver (the "Agreement") is entered into as of the date of signature below by and between:

Landowner Name: User Name: Property Address:

RECITALS

WHEREAS, Landowner is the lawful owner of the real property identified above and maintains landscaping, garden beds, hardscape features and associated improvements (the "Landscape");

WHEREAS, User desires to access and use the Landscape for certain permitted activities described below and to perform or cause to be performed certain improvements, maintenance or temporary uses; and

WHEREAS, Landowner is willing to permit User to use the Landscape subject to the terms, conditions, indemnities and waivers set forth in this Agreement.

SCOPE OF WORK

Describe permitted use, work, or activity:

User shall perform the Scope of Work in a professional manner, comply with all applicable laws, ordinances and codes, and shall not alter the size or footprint of planted areas or hardscape without prior written consent from Landowner.

PERMITTED ACTIVITIES

User is permitted to undertake the following activities only if the corresponding box is checked:

Install or replace plantings, mulch and similar softscape

Routine maintenance including pruning, weeding and irrigation adjustments

Temporary access for permitted events or staging (specify in Scope of Work)

PAYMENT TERMS

In consideration for the permission granted herein, User shall pay Landowner the fees set forth below in accordance with the schedule below.

Payment Amount (USD): Payment Schedule:

Late payments shall bear interest at the lesser of the maximum rate permitted by law or the greater of the following: a percentage of the overdue balance or a flat fee as specified below.

Late Fee (percentage): Late Fee (flat):

TERM AND TERMINATION

This Agreement commences on , (Start Date) and ends on , (End Date), unless earlier terminated as permitted herein.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to the effective termination date.

INSURANCE, INDEMNITY AND WAIVER

User shall maintain, at User's expense, commercial general liability insurance with limits no less than and shall provide proof of insurance upon Landowner's request.

User releases, waives and discharges Landowner from any and all liability, claims, demands or causes of action that User may have for damages to person or property arising out of the permitted use of the Landscape, except to the extent caused by Landowner's gross negligence or willful misconduct. User shall indemnify and hold Landowner harmless from all claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising from User's acts or omissions in connection with the Scope of Work or use of the Landscape.

Certificate of Insurance Required:

CONFIDENTIALITY

Each party agrees that all non-public information obtained from the other party in connection with this Agreement, including plans, specifications and cost information, shall be treated as confidential and shall not be disclosed to third parties without the prior written consent of the disclosing party, except as required by law or to enforce this Agreement.

GOVERNING LAW

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

ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations and understandings. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

NOTICES

Notices under this Agreement shall be delivered in writing to the addresses below and shall be effective upon personal delivery, nationally recognized overnight courier, or three business days after deposit in the U.S. mail, postage prepaid.

Landowner Contact Address: Landowner Phone / Email: User Contact Address: User Phone / Email:

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has full authority to enter into this Agreement and that the person signing on its behalf is duly authorized to bind the party. User further represents that it has inspected the Landscape and accepts it in its present condition unless otherwise noted in writing.

Landowner Printed Name:

By:

Date:

User Printed Name:

By:

Date:

What a Landscape Use Waiver Covers

A Landscape Use Waiver is a written agreement that lets a property owner, municipality, or land manager grant specified limited rights to another party to use, access, or perform work on landscaped areas. It documents permitted activities, timeframes, insurance and indemnity requirements, and any restrictions tied to plantings, irrigation, pathways, or public access. The waiver clarifies responsibility for damage, maintenance, and restoration, and creates an auditable record of consent that can be retained electronically or in paper form for compliance and risk management purposes.

Why a Waiver Matters for Property Use

A Landscape Use Waiver reduces uncertainty by assigning responsibility, documenting consent, and specifying insurance and restoration obligations. It protects owners and users by recording accepted risks and mitigating disputes when landscaping work, events, or temporary access are permitted on the property.

Typical Parties Who Complete a Landscape Use Waiver

Common users include property owners, commercial landscapers, public agencies, and event organizers who need an agreed record of permitted landscape activities.

Property owners and managers — Use waivers to control access, require insurance, and preserve landscaping investments.
Contractors and landscapers — Document scope, restoration duties, and liability allocation before work begins.
Municipalities and parks departments — Permit temporary uses while protecting public assets and defining maintenance responsibility.

In practice the waiver is often completed jointly: a requester drafts or signs, and the landowner or administrator approves and records the agreement.

Core Elements to Include in a Professional Waiver

A complete Landscape Use Waiver sets scope, time limits, responsibilities, and protections. Include clear definitions and attachments to avoid ambiguity when work or access affects vegetation, irrigation, or public safety.

Parties

Full legal names and contact details for owner, requester, and any contractor; specify roles and representatives.

Scope of Use

Precise description of permitted activities, areas affected, and prohibited actions to prevent misunderstandings.

Duration

Start and end dates plus conditions for early termination or extension; link to permits if required.

Insurance Requirements

Minimum liability limits, additional insured endorsements, and proof-of-coverage deadlines.

Indemnity

Mutual or one-sided indemnification language allocating responsibility for claims and damages.

Restoration Obligations

Standards and timeline for repairing damage, plant replacement criteria, and cost recovery methods.

Step-by-Step: Filling Out a Landscape Use Waiver

Complete the form in the order below to reduce rework and ensure all approvals are obtained.

01

Identify Parties: Enter owner and requester contact and legal names.
02

Describe Use: Specify exact activities, locations, and any equipment authorized.
03

Attach Insurance: Upload certificate and policy details prior to approval.
04

Sign and Record: Obtain required signatures, then retain and distribute executed copies.

Typical Submission and Approval Flow

A standard workflow ensures the waiver is reviewed for insurance, safety, and compliance before granting access.

Draft: Requester completes waiver and uploads supporting documents.
Review: Owner or administrator verifies scope, insurance, and permits.
Authorize: Authorized representative signs or approves electronically.
Archive: Executed waiver is stored with project records for retention compliance.

How to Configure an Online Waiver Workflow

Set up fields, authentication, and routing to match your approval and recordkeeping needs.

Field \| Configuration	Required \| Conditional based on activity selection
Signer Authentication	Email link or SMS code; add KBA for higher assurance
Document Attachments	Require COIs and exhibits before submission
Approval Routing	Sequential approvals: contractor → owner → risk manager
Audit Trail	Capture timestamps, IP, and signer identity automatically

Digital Signing and Platform Requirements

Choose a platform that supports secure PDFs, audit trails, and the authentication level your organization requires.

File Formats: PDF, DOCX accepted
Integrations: Connects with CRM and cloud storage
Authentication: Email, SMS, or stronger options

Ensure the platform retains a tamper-evident copy and stores a detailed audit trail that meets your compliance and recordkeeping policies.

Key Risks and Potential Consequences

Liability Exposure: Claims for property damage or injury

Insurance Gaps: Work proceeds without required coverage

Contract Ambiguity: Disputes over scope and restoration

Regulatory Noncompliance: Violation of local permit rules

Financial Recovery: Costly cleanup and restoration claims

Enforceability Risk: Signed incorrectly or missing signatures

Common Mistakes to Avoid

Leaving the property description vague, which makes it difficult to determine the permitted area and may lead to disputes or overreach.
Accepting verbal assurances for insurance instead of requiring a certificate of insurance and verifying additional insured status before work.
Failing to set restoration standards and timelines, causing delays and disagreements about acceptable repairs or plant replacement.
Missing required state or local notarization and witness steps, which can impair enforceability in disputes or insurance claims.

How Organizations Use a Landscape Use Waiver in Practice

Real-world examples show typical applications and outcomes when waivers are used to control access and protect landscaping assets.

Municipal Tree Pruning Permit

A city granted a contractor limited access to street trees for pruning

Contractor provided a COI and signed indemnity
The waiver required restoration for any turf damaged and reduced liability for the municipality by clarifying contractor responsibility and insurance obligations.

Private Event on Grounds

A homeowner association allowed a community event on landscaped common areas

Organizer supplied a site plan and insurance certificate
The waiver limited use to marked areas, required post-event cleanup, and specified penalties for damage to plantings.

Typical Deadlines and Processing Expectations

Set clear internal deadlines for proof of insurance, approvals, and start of permitted activities to avoid delays.

Insurance Submission Deadline:

Proof required before work or access begins

Approval Turnaround:

Internal review typically 5–15 business days

Restoration Completion:

Restore damaged areas within 30–90 days as specified

Signature Requirement:

All parties must sign by the effective date

Permit Dependencies:

Obtain related permits prior to work start

Key Milestones from Request to Archive

Track these sequential milestones to keep the waiver process on schedule and auditable.

01

Request Submitted

Requester uploads waiver and attachments for review.

02

Risk Review

Administrator verifies insurance and site safety requirements.

03

Authorization Granted

Authorized signatory approves and signs the waiver.

04

Record Retained

Executed document stored and retention rules applied.

Technology Considerations for Electronic Execution

Electronic waivers require secure storage, reliable audit trails, and signer authentication that matches your risk profile.

Security: AES-256 at rest
Transport: TLS 1.2/1.3 in transit
Integrations: CRM and cloud storage connectors

Ensure the chosen platform supports document export (PDF/A), retains certificate-of-completion metadata, and can produce records for audits or insurance disputes.

Comparing eSignature Options for Executing Waivers

Simple pricing and required compliance features vary by vendor; signNow is listed first for direct comparison against other common providers.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies	Varies	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Landscape Use Waivers

Answers to common implementation and legal questions to help avoid errors and delays when preparing and executing waivers.

Need help? Contact support

Is a waiver enforceable electronically?
Yes. Electronic signatures are generally enforceable under the federal ESIGN Act (15 U.S.C. ch. 96) and state UETA statutes, provided intent, consent, attribution, and record retention requirements are met.
Do I always need a notary or witness?
Not always. Notarization and witness requirements depend on state law and organizational policy. Confirm state-specific rules; some states require witnesses or notary for certain property-related instruments.
What insurance limits should be required?
Require commercially reasonable limits tied to scope of work and site risk. Typical requirements include general liability with a specified minimum and naming the owner as additional insured.
Can I use a template for multiple sites?
Yes. Use a standard template with site-specific exhibits or attachments for location, scope, and insurance to ensure consistency while capturing unique details.
How do I revoke or cancel a waiver?
Include termination and revocation language in the waiver specifying notice periods, conditions for cancellation, and obligations upon termination to avoid ambiguity.
Where should signed waivers be stored?
Store executed waivers in a secure document repository with tamper-evident PDFs and audit logs. Maintain retention schedules aligned with IRS, state, and industry rules.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now