Lawn Care Service Contract

LAWN CARE SERVICE CONTRACT

This Lawn Care Service Contract ("Agreement") is entered into as of by and between Client Name: with address , and Service Provider Name: with address .

RECITALS

WHEREAS, Client desires to retain Service Provider to perform lawn care, turf maintenance, edging, trimming, and related outdoor maintenance services at the Client property described above (the "Property"); and

WHEREAS, Service Provider represents that it possesses the skill, experience, equipment and insurance necessary to perform the lawn care services in a professional manner; and

WHEREAS, the parties wish to set forth their respective rights and obligations with respect to such services in this written Agreement.

NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the sufficiency of which is acknowledged, the parties agree as follows:

1. SERVICES

1.1 Scope. Service Provider shall perform lawn care services described in the Service Description below (the "Services"). The Services shall include, at minimum, mowing, edging, trimming, debris removal, and basic lawn cleanup as required to maintain the Property in a neat and healthy condition.

1.2 Frequency and Schedule. Services will be provided on the following schedule: . Initial service commencement date: . Service Provider will make reasonable efforts to adhere to the agreed schedule; scheduled days may be adjusted for weather or operational needs with prior notice to Client.

2. TERM AND TERMINATION

2.1 Term. The term of this Agreement shall commence on the Service Commencement Date and shall continue for a period of months, unless earlier terminated as provided herein. Thereafter this Agreement shall .

2.2 Termination for Convenience. Either party may terminate this Agreement without cause by providing written notice at least days prior to the effective termination date. Termination shall not relieve Client of obligation to pay for Services performed prior to termination.

2.3 Termination for Cause. Either party may terminate for material breach if the breaching party fails to cure such breach within days after receipt of written notice specifying the breach. Material breaches include, but are not limited to, repeated failure to perform Services, failure to maintain required insurance, and nonpayment.

3. COMPENSATION AND PAYMENT

3.1 Fees. Client shall pay Service Provider the fees set forth below for the Services rendered. Rate per service visit or per billing period: .

3.2 Invoicing and Payment Terms. Service Provider will invoice Client in accordance with the Billing Cycle. Client shall pay invoices within days of invoice date. Overdue amounts shall accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Client is responsible for any costs of collection, including reasonable attorneys' fees.

3.3 Additional Work. Services beyond the scope of the Service Description will be considered Additional Work and will be billed separately upon Client's written approval. Service Provider will not perform Additional Work without prior authorization from Client except in emergency situations to prevent damage or injury.

4. CLIENT OBLIGATIONS; ACCESS

4.1 Access. Client shall provide Service Provider with reasonable access to the Property at scheduled times. Client shall ensure all gates are unlocked or provide keys/entry codes in advance. Service Provider is not responsible for delays caused by lack of access.

4.2 Removal of Obstacles. Client shall remove hoses, children's toys, pet waste, and other movable obstacles prior to scheduled Services. Service Provider may charge for time incurred locating or moving obstacles and for repair of damage caused by hidden or unmarked items.

5. EQUIPMENT, SUPPLIES AND CHEMICALS

5.1 Equipment and Supplies. Service Provider shall supply all labor, equipment, tools and ordinary supplies necessary to perform the Services unless otherwise agreed in writing. If Client requests special materials or chemicals, Client shall approve and reimburse the cost of such materials.

6. INSURANCE; LIABILITY; INDEMNITY

6.1 Insurance. Service Provider shall maintain commercial general liability insurance with limits of not less than and, where required by law, workers' compensation insurance. Upon Client's request, Service Provider will provide certificate of insurance naming Client as additional insured for liability arising from Services.

6.2 Liability and Indemnity. Service Provider will perform Services in a reasonable and workmanlike manner but does not guarantee results of turf health. Service Provider shall not be liable for loss or damage arising from preexisting conditions or matters outside Service Provider's control. Client shall indemnify, defend and hold harmless Service Provider from claims, liabilities, losses and expenses arising out of Client's negligence, including injuries to third parties on the Property not caused by Service Provider's gross negligence or willful misconduct.

7. WARRANTIES; DISCLAIMER

7.1 Warranties. Service Provider warrants that Services will be provided in a competent and professional manner consistent with industry standards. This warranty is limited to re-performance of nonconforming Services when notified in writing within days of the Service date.

7.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, SERVICE PROVIDER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

8. DEFAULT; REMEDIES

8.1 Default. Failure by a party to perform any material obligation under this Agreement constitutes a default. The non-defaulting party may pursue all remedies available at law or in equity in addition to those specified herein.

8.2 Remedies. In the event of Client's nonpayment, Service Provider may, after providing the notice and cure period specified in Section 2.3, suspend Services and pursue collection. In the event of Service Provider's breach, Client's sole remedy shall be re-performance of Services or, if re-performance is not commercially practicable, a refund for the nonconforming Services.

9. CONFIDENTIALITY

9.1 Confidential Information. Each party shall hold in confidence business information of the other party that is designated as confidential or that reasonably should be understood to be confidential. Confidential information shall not include information in the public domain or independently developed without use of the other party's confidential information.

10. INDEPENDENT CONTRACTOR; SUBCONTRACTING

10.1 Independent Contractor. Service Provider is an independent contractor and not an employee, agent, joint venturer or partner of Client. Service Provider is solely responsible for payment of its employees and subcontractors and all employment-related taxes and benefits.

10.2 Subcontracting. Service Provider may subcontract portions of the Services provided that Service Provider remains responsible for performance under this Agreement.

11. NOTICES

11.1 All notices required or permitted under this Agreement shall be in writing and shall be delivered by personal delivery, nationally recognized overnight courier, or certified mail, return receipt requested, to the addresses set forth below or to such other address as a party designates by written notice.

12. DISPUTE RESOLUTION

12.1 Good Faith Negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement through negotiation between senior representatives of the parties.

12.2 Arbitration. If the dispute is not resolved within thirty (30) days after delivery of written notice of dispute, the dispute shall be submitted to binding arbitration before a single arbitrator. The arbitration shall be conducted in the county where the Property is located, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.

13. MISCELLANEOUS

13.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflicts of law principles.

13.2 Entire Agreement. This Agreement, together with any attachments or addenda executed by the parties, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals and communications, whether written or oral.

13.3 Amendments. This Agreement may be amended only by a written instrument signed by both parties.

13.4 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.

13.5 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

13.6 Assignment. Neither party may assign or transfer this Agreement without the prior written consent of the other party, except that Service Provider may assign this Agreement to a successor in interest in connection with a sale of substantially all of Service Provider's assets or business to which this Agreement relates.

13.7 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

14. ADDITIONAL PROVISIONS

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