This Landscaping Contract (hereinafter referred to as the "Contract") is entered into and shall be effective as of [Contract Effective Date] (hereinafter referred to as the "Effective Date"),
By and Between
[Landscaping Company Name] (hereinafter referred to as the “Company”), residing at [Landscaping Company Address] and;
[Client Name] (hereinafter referred to as the “Client”), with a principal place of business at [Client Address].
The Client and the Company are collectively referred to as the "Parties" and individually as the "Party."
WHEREAS, the Company is engaged in the business of offering Landscaping Services conforming to the Client’s design and direction according to the terms and conditions herein, and;
WHEREAS the Client desires for the Company to render Landscaping Services.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, both hereby agree as follows:
TERMS AND CONDITIONS.
1. LOCATION.
The property at which the Company shall perform such services is located at [Client Address]. The Client warrants and represents that the Client is the owner of such property and has the authority to engage the Company for the Landscaping Services requested on the property.
2. TERM.
The Company shall perform the Landscaping Services described herein once every [Landscaping Services Frequency] for [Landscaping Service Duration].
3. SCOPE OF WORK.
The Company agrees that it shall perform the Landscaping Services described herein. In the event that the Client changes the Scope of Work after entering into this Contract, the cost of services and/or materials may increase or decrease.
The Scope of Work is as follows:
Scope of Work
Description
[Work 1]
[Work 1 Brief Description]
[Work 2]
[Work 2 Brief Description]
[Work 3]
[Work 3 Brief Description]
4. COMPENSATION.
In consideration of the Landscaping Services, the Client shall pay the Company at the rate of [Landscaping Services Rate Per Hour] per hour plus the cost of materials. All payments and transactions shall be made in USD via [Mode of Payment]. Per the agreed timeframe, the estimated cost for these services is [Total Service Cost]. The Company shall issue an invoice to the Client every [Invoice Schedule], and payment shall be made within [Payment Due in Days] working day(s). If invoices are not paid by the due date, the Client will be charged a Late Payment Penalty of [Late Payment Penalty Amount] on any unpaid balance from the invoice due date until the date of payment.
5. CLIENT RESPONSIBILITIES.
The Client shall be responsible for the following:
(a) Ensure the Company is introduced to the boundaries of the property so that it does not encroach on any third party’s property.
(b) Inform the Company about service lines, which include (but are not limited to) electrical, telephone, and gas lines.
(c) Ensure the Company does not face any interference while rendering such services.
(d) [Add More Client Responsibilities]
6. COMPANY RESPONSIBILITIES.
In performing the Landscaping Services, the Company shall be responsible for the following:
(a) Obtain the necessary permits required to perform the Landscaping Services
(b) Inspect the materials to be purchased to perform such services
(c) Adhere to the pre-determined schedule
(d) Use quality equipment and materials
(e) Perform services in an efficient manner
(f) Clean the property premises after performing the Landscaping Services
7. RELATIONSHIP OF PARTIES.
The Company, in the performance of this Contract, shall act in the capacity of an independent contractor and not as a partner, agent, or employee of the Client.
8. INSURANCE.
The Company shall maintain and declare to the Client a liability insurance policy. This shall safeguard the Company's employees from any death, bodily injury, or property damage. In addition, the insurance shall constitute evidence that all such coverages exist in full force. If the insurance expires before the expiration of the Contract, the Contractor shall provide the new insurance handout, which shall include the new coverage plan, to the Client within [Insurance Renewal Notice Period (Days)] day(s) from the previous insurance's expiration date.
9. LIMITATION OF LIABILITY.
Neither Party shall be held liable for any indirect, consequential, incidental, or punitive damages arising out of the Landscaping Services or any loss of income that both Parties might incur. However, this limitation shall not apply in cases of death or personal injury, fraud, fraudulent misrepresentation, or gross negligence attributable to either Party.
10. TERMINATION.
Parties may terminate this Contract if either Party has breached the provisions of this Contract in any respect. A written notice is to be served to the concerned Party at least [Termination Notice Period] day(s) prior to termination. If such notice is not given, the following rules shall be adhered to:
(a) If the Client cancels, the Company shall be paid a sum of [Client Termination Fee Amount].
(b) If the Company cancels, the Client shall be compensated with [Company Termination Fee Amount].
11. ARBITRATION.
In the event of any dispute arising in and out of this Contract, the Parties shall resolve it by arbitration. There shall be [Number of Arbitrators] arbitrator(s) who shall be appointed by [Arbitration Appointing Party Name]. The venue of arbitration shall be [Location of Arbitration], and the Seat shall be [State of Seat]. The arbitrator(s)' decision shall be final and binding on both Parties.
12. DISPLAY OF WORK.
The Client hereby authorizes the Company to take photographs of the Client’s property mentioned herein to showcase the Company's efficiency in rendering Landscape Services. The Company shall also hold the sole rights for any such photographs.
13. INDEMNIFICATION.
The Client agrees to indemnify, defend, and protect the Company from and against all lawsuits and costs of every kind pertaining to the Landscaping Services described herein and/or any false information delivered by the Client pertaining to the property and/or failure to deliver relevant information by the Client.
14. NOTICES.
All notices to the Parties, physical or digital, shall be made to the respective Parties through their certified mailing address.
15. ASSIGNMENT.
The Contractor shall refrain from assigning this Contract, partially or as a whole, to any third-party contractor or subcontractor without the written consent of the Client.
16. GOVERNING LAW.
The Contract and all the terms contained herein shall be governed by and construed as per the laws of [Governing Law]. If the disputes arising from this agreement cannot be resolved through arbitration, they shall be resolved through litigation in the courts of [Jurisdiction].
17. SEVERABILITY.
In the event that any provision in this Contract is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provisions of this Contract, and all other provisions will remain in full force and effect.
18. FORCE MAJEURE.
If either Party is unable to perform its obligations under the terms of this Contract because of acts of God, strikes, equipment or transmission failure, or damage reasonably beyond its control or other causes, the Parties shall not be held liable for such damages.
19. AMENDMENTS.
No modification or waiver of the provisions of this Contract shall be valid or binding on either Party unless in writing and signed by both Parties.
20. ENTIRE CONTRACT.
This Contract and its annexures, therefore, constitute the entire contract between the Parties concerning the subject matter hereof and, thus, supersede all prior Contracts, purchases, understandings, and negotiations, written or oral, between the Parties.
ACCEPTANCE AND SIGNATURE.
IN WITNESS WHEREOF, the undersigned Parties have duly executed the terms mentioned herein in the Contract as of the aforementioned date.
[Client Name]
[Landscaping Company Name]
Name:
Name:
Signature:
Signature:
Date:
Date:
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