Fill and Sign the Landscaping Form

SERVICES CONTRACT (Landscaping) THIS AGREEMENT executed on this the ____ day of _________________, 20____, but agreed to be effective from and after the ____ day of _________________, 20____, by and between ______________________ (hereinafter "Employer"), and ______________________ (hereinafter "Contractor"). NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, Employer hires Contractor, and Contractor agrees to work for Employer under the terms and conditions hereby agreed upon by the parties: SECTION 1 - WORK TO BE PERFORMED 1.1 Term . Employer agrees to hire Contractor, to perform the services and work as stated in section 1.2 of this agreement. 1.2 Duties . Contractor agrees to perform work for the Employer on the terms and conditions set forth in this agreement, as follows: (a) Maintain the yard, landscaping, provide horticultural and ecological services for the property located at _____________________________________________________, "Subject Premises", in a reasonable aesthetic condition. (b) Mow all grass, edging, manicure all hedges, shrubs, trees and other ornamental plants with the Subject premises. (c) Poison, fertilize, apply pesticides, water and stabilize as necessary the landsc aping at the Subject Premises. (c) Dispose of all garbage and waste generated from the word performed by contractor at the Subject property. (c) Perform all servers as required herein as needed but not more than ____ times a month. - 2 - SECTION 2 - COMPENSATION 2.1 Compensation. In consideration of all services to be rendered by Contractor to the Employer, the Employer shall pay to the Contractor the sum of $________ per month, payable monthly. Contractor shall also be paid weekly for all out of pocket expenses approved by Employer for new plants, shrubs and other approved items. 2.2 Withholding . Contractor is an Independent Contractor and shall be responsible for his own income taxes and other employment taxes. SECTION 3 - INDEPENDENT CONTRACTOR STATUS Contractor acknowledges that he is an independent contractor and is not an agent, partner, joint venturer nor employee of Employer. Contractor shall have no authority to bind or otherwise obligate Contractor in any manner nor shall Contractor represent to anyone that it has a right to do so. SECTION 4 - REPRESENTATIONS OF WARRANTIES OF CONTRACTOR Contractor represents and warrants to the Employer regarding the work to be performed that (a) contractor is experienced in the care of premises such as the Subject Prem ises and in the care and maintenance of the yard, shrubbery and other landscaping at the Subject Premises, (b) Contractor will only use environmentally safe products on the Subject premises, (c). SECTION 5 - MISCELLANEOUS PROVISIONS 5.1 The provisions of this Agreement shall be binding upon and inured to the benefit of the heirs, personal representatives, successors and assigns of the parties. - 3 - 5.2In the event of a default under this Agreement, the defaulted party shall reimburse the non-defaulting party or parties for all costs and expenses reasonably incurred by the non- defaulting party or parties in connection with the default, including without limitat ion, attorney's fees. Additionally, in the event a suit or action is filed to enforce thi s Agreement or with respect to this Agreement, the prevailing party or parties shall be reimbursed by the other party for all costs and expenses incurred in connection with the suit or action, including without limitation, reasonable attorney's fees at the trial level and on appeal. 5.3 No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 5.4 This Agreement shall be governed by and shall be construed in accordance with the laws of the State of _________________ . 5.5 This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all parties. WITNESS OUR SIGNATURES, this ____ day of _________________, 20____. _____________________________ EMPLOYER _____________________________ CONTRACTOR