Service agreement what do you think

[Fleur De Lawn]

Here is a service agreement that I just made. Does it look good enough to send to my customers. Is there anything you would add/delete. Thanks

[Fleur De Lawn]

Fleur De Lawn Services LLC
Service Agreement



Customer address





This is an agreement between and Fleur De Lawn Services LLC. Fleur De Lawn Services LLC will be providing a lawn maintenance service which includes cutting, edging, and blowing for the above stated address. The customer agrees to pay per cut.

Bills will be sent on the first of the month and for the previous month’s service. A late fee of ten dollars $10.00 will be added after the 21st of the month.

Service will be stopped after the 21st of the month if no payment has been received.

If for any reason the customer has not attempted to make a payment for two 2 months’s legal action may be taken by Fleur De Lawn Services LLC in an attempt to collect payment via a lien on the property or civil court.

This is not a contract and service can be ended by the customer or Fleur De Lawn Services LLC for any reason.

We appreciate your business and look forward to providing your lawn maintenance for the up coming season!

Customer Signature


Fleur De Lawn Services LLC.


Kevin Barlow Owner


Just in case you cannot open it.

[LB1234]

:waving:do yourself a favor and go see an attorney. I'm not one, but I believe there are holes all over that. Its a great start, something you can take to an attorney so they have an idea of what you are trying to convey.

A few other things, try and make the contract a little more professional. Company logo, heading, address as well as a place for all the customers info to get entered as well as the billing address AND the work place address (some are different, especialy commercial).

good luck:waving:

[landscaper22]

Sounds good. But you may want to add more details. I have learned to put everything in writing. Instead of just saying cutting, edging, etc....I do something like

All grass on property will be cut each week
All concrete areas and beds will be edged with a blade edger as needed
Shrubs will be trimmed as needed to maintain a formal shape (or if shrubs are not included...specify that)
Debris will be blown from all concrete areas including driveways, walkways, and porches after each visit

I also add a statement too all of my estimates that says something like...

No additional services or materials are included under the price and terms of this estimate (or contract). For any recommendations or requests for additional services, a separate estimate will be issued.

Even though you are not making them sign a contract you need to spell out everything. Because I am finding out the hard way that things can come back to bite you. And it may take a few years for it to catch up with you. But I have had several situations where I had to get a ear full...."You said you would do this" "I thought you said you would include that" Then you can say.."No sir (or mam), Do you still have your copy of the original estimate I gave you?" Most will say no that they lost it. Then I can smile and say...."Well I have my copy at home, I will double check it and make sure, but I don't think that was included....Oh, and I will send you another copy."

[Two Seasons]

I agree with the other posters. I would put this into your proposal with a single page contract (within your proposal) stating your terms.

All services are ended 30 days when either party sends, via registered USPS, a letter stating their desire to move on.

[landscaper22]

Well, an attorney is not a bad idea, but I don't know if it is necessary unless you are doing some big time contracts. For a service agreement, I wouldn't worry about that. Just don't leave yourself open for a beating by making sure you are very specific and you will be fine. I mean if you get in a dispute, service can be terminated by either party anyway. At that point you probably don't want to service for them any longer anyway.

[NEW CITY LAWN CARE LLC]

Yeah, you definitely need at least a 30 day notice in writing to terminate services, without an attorney, you can purchase great legal forms in the internet, I got my service agreement from: http://www.findlegalforms.com/forms/service-agreement-general/

For $15.95, I think its worth it, I also read they are written by attorneys, so they are 100% legal.

[tenderman]

Just a quick thought for you.........You also want something in there stating that you need at least two weeks notice if they can somehow end your services, whatever the case.:waving:

Other than that, the rest of the guys already said the right things. Get an attorney because it will be well worth it. You will get bit sometime in your career by someone if you do not do this!:nono:

Good luck, keep moving forward!:weightlifter:

[HOOLIE]

I wouldn't go to an attorney...it's not intended as a legally binding contract so what would the point be to pay a lawyer for?

Personally, I don't go for the 30 day or 2 week cancellation stuff. No need to be the Lame Duck Lawnboy. If they want to cancel then so be it. I don't want to have to deal with them for another month if that's the case.

[lawnman_scott]

It may have legal loopholes, but it will be good enough for a small claims judge. Unless the person you are going to sue in court for $300 is going to get a high priced lawyer to defend them you will be ok.

[MC Handy Man]

In reading the document, it becomes qwite confusing. There is allot of information being thrown at the reader. I think it would be beneficial to both you and the customer if you attach a summary sheet, Some what like tis below.

Customer: MR. John Doe
2564 116th ave nw
Mountview, IL 79266
(555)-555-1234

Service provided: Mowing
Edging
Blowing...ect.

Agreed Pay rate: $220.86 per visit

Invoice issue date: 1st of month
Payment due date: 21st of month
Late payment charge: $10.00

Just somthing that both you and the client can refer to to glance at the agreements in which are made in the document. I would also advice you to say that it is a contract, however you have put the clause into the contract in which your campany can discontinue the service at anytime. Also your agreements are that they will not may monthly rather they will pay for visit, this is saying that you will no longer be capable of charging them after the fact of you discontinuing your services.

[LB1234]

If you really think about it, the cost of an attorney is minimal. I paid that over five years ago and never had to go to court, file a lien, etc. So the 300 bucks or so that I paid years ago...how much did that really cost in the end? It paid for itself when I had problems obtaining payment and I had a good, solid contract in place so that I had a leg to stand on.

[landscaper22]

If you really think about it, the cost of an attorney is minimal. I paid that over five years ago and never had to go to court, file a lien, etc. So the 300 bucks or so that I paid years ago...how much did that really cost in the end? It paid for itself when I had problems obtaining payment and I had a good, solid contract in place so that I had a leg to stand on.

Well a lawyer knows what is "legal". But the thing is the contractor and the customer have an agreement. What ever the terms and conditions may be. If a dispute comes up, the only thing I would need a lawyer for is to get my money...Which, you would take it to small claims court, so you would not need a lawyer for that either. Plus you would be suing for services already rendered. A contract will not make them pay either. All they have to say is that you did not provide services according to the contract, and so on....It's always going to be one person's word against another. They can lie.
I am not against getting a lawyer to draw up a contract. You will know it is legal instead of just making up things. And I don't have a problem with the cost.
But for me, it boils down to..if I have a problem with a customer or they have a problem with me, I am not going to stick around. And I am not going to wave a contract in their face (drawn up by a lawyer or not) and tell them that they agreed to a year of service and this and that. Because frankly at that point I will be glad to never see them again. If they pay for what they owe, I am happy. If not then I can still take them to court. Just because a lawyer draws something up does not mean you will get your money. That's my point of view, for what little it is worth..:laugh:

[Roger]

For residential mowing work that is worth a few hundred dollars, all this agreement and contract stuff is just blowing in the air. What does it protect? I've read over and over on LS the same statement, "... so that I get paid."

Payments will come from those customers who are honest and trustworthy. Payments will not come from those who are not honest and not trustworthy. Even if you go through the hassles of small claims court and get a favorable ruling, so what? The customer knows they owe you money, you know they owe you money. The small claims court only affirms what both parties already know. You still need to get the customer to pay. A property lien is often suggested. It will not take effect until the party decides to sell the property. By that time, you may be two or three careers removed from mowing grass. Are you going to sue for an unpaid bill of $100, $200 ...? I don't think so.

If you are dealing with a work scope that requires materials and much cost in labor, or a commercial account, then the matter is different.

For me (all my customers are residential mowing accounts), I send a simple letter of understanding at the beginning of the season, "Thanks for last year's business, let's do it again .... cost will be ... frequency of visits will be ... invoices will be sent ... payments will be expected ..." End of story. When I started and asked people to respond to something, few sent anything back, "... we knew you would be returning." My letter is a "do not reply if agreeing" type letter. I've learned that most don't even open them.

Over the past few years, I've had one lady who was a new customer. She understood my letter, but after six weeks said I was "too regular." She had been used to a former LCO coming on an irregular basis, so my intention of weekly visits was understood to be "whenever he shows up." When I showed up every week, it was more than she expected, or wanted. I simply told her I would not return. End of story.

I am not sure why the LCO wants some termination clause in these documents. If you don't want to continue, then you can stop making the visits. If the customer doesn't want you on their property and has hired somebody else, what is your choice. These 30 day terminations clauses make no sense, especially for the LCO. Why do you want to lock yourself to something you don't want to do? Or, do you have no intention of keeping that part of the deal?

[qualitylawnpro]

Weve had two ice storms and two wind storms here in the last 14 months . On all new contracts i will be putting in a section that covers what we do and how much in the event of an act of nature.

[HOOLIE]

Non-payment is not an issue of trustworthy vs. non-trustworthy, as far as I've ever seen. After dealing with thousands of customers over the past 20 years, I can't recall a single instance of someone just saying "haha...tricked ya!! Not gonna pay!" I mean, would YOU do that to a contractor who knows where you live? Not likely.

The top 3 reasons for non-payment (in no particular order) I've come to recognize are:

-Divorce: The lawn bill gets lost in the chaos of a marriage breaking up, and often each spouse will claim the bill is the other's responsibility.

-Major life event: Job loss, major illness, etc.

-Dispute with customer: Like damage to their property, denying service was done on certain dates, etc.

In all these instances, a contract/agreement does nothing really. It's not going to stop any of the big 3 reasons from occurring in the first place.

[LB1234]

I am not sure why the LCO wants some termination clause in these documents. If you don't want to continue, then you can stop making the visits. If the customer doesn't want you on their property and has hired somebody else, what is your choice. These 30 day terminations clauses make no sense, especially for the LCO. Why do you want to lock yourself to something you don't want to do? Or, do you have no intention of keeping that part of the deal?

Hello? There are PLENTY of reasons...

I may not want to come back b/c:

Underbid the price
Customer is a PITA
Consistently late with payments
No longer servicing that area
neighbor of the client is constantly giving us a problem
safety issues at the worksite

They may not want to continue b/c:

Can get the job done cheaper
Simpyl don't like us
Not happy with service
Moving/selling house
diovorce
family member is now going to do the work


These are just a few reasons why. BTW, if you have termination clauses you are NOT locking yourself into the full year. The way I explain it to my lawn customers is by giving you the opportunity to leave after at any time (with a certain notice) it keeps me on my toes. If you aren't happy with the work you can switch companys. It makes them feel that they have a little power over us. Simple fact is, if you do good work then they aren't going to just leave you for another company AND if they do b/c of price I don't want that customer anyway.

As for them giving me a written notice. We operate with a budget in mind and know what we need to receive every month to breakeven. If they have the opportunity to simply walk away that may screw my income that month. I then know that I have to cut back on spending or what income I now need to bring in to make up for that. Granted a $50 lawn is not going to do anything, but a $50 dollar lawn with a $75/month weeding fee, and $150 fert/pest bill adds up to 500 bucks. To me, 500 is alot. I want a little notice before that happens.

[landscaper22]

I see what everyone is saying. When dealing with commercial or industrial accounts all of this 30 day notice in writing stuff makes sense. But for residential, all that is important to me is to make sure they have a clear written understanding of what is expected of me, and what I expect from them. Then there is no confusion. If they no longer desire services, or if I decide I don't want to service for them any longer, then services can be stopped at any time. A residential contract with 30 day notices, and other junk is pointless to me, however a clearly outlined service agreement (signed or not) is very important. I don't even put anything about a late fee. It is rare that I have a major problem. If a problem does arise, I deal with it on a case by case basis. I can then give a written warning that a late fee of $x will be added to all invoices in the future if payment is not received by the due date.

[tatmkr]

Be a little more creative with the look...

[Roger]

Hello? There are PLENTY of reasons...
....

You saw my point from the opposite direction. We agree, not disagree. Your lists for both the contractor and the customer are exactly the kinds of reasons why being locked to a termination clause makes no sense for simple residential mowing customers.

I understand your point about budgeting for income. But, if a customer says one day, "don't come back," or if they hire somebody else and you show up only to find the work already done, the income stream is gone. The time to move on has arrived, no matter what some piece of paper might say.

I feel blessed because this has never been a problem. I always have a waiting list of people who have asked to be on my list. So, if somebody says "don't come back" (only happened one time in the last several years), I know that I can just call one of those on my list to fill the hole.

[Fleur De Lawn]

Be a little more creative with the look...

thanks for the tips. i like them