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willslawncare
10-06-2009, 06:06 PM
Landscape Maintenance Agreement

Name: ________________________________________
Date: ________________

Address: ______________________________________
Phone: ________________

1. The purpose of this Agreement is to set forth the terms and conditions under which Jernigan Lawn Care & Landscaping (hereinafter called “Contractor”) will provide landscape maintenance service for Customer at the above address.

2. Contractor agrees to perform the following services as outlined in the Landscape Maintenance Plans listed below. Service under this agreement will be provided:
˙ Weekly ˙ Biweekly

Service will include:
˙ Mowing ˙ Trimming ˙ Edging ˙ Blowing ˙ Mulching* ˙ Fertilizing ˙ Seeding ˙ Aeration ˙ Pruning ˙ Bush/Hedge Maintenance ˙ Lot Clean up ˙ Weeding  Plant Maintenance*  Fencing*  Tree Services*
* Items with asterisk may require additional explanation of service

3. Contractor is Fully Insured. Contractor will Furnish labor and equipment necessary to perform all services. Customer will be charged for all material used such as Mulch, Seed, Fertilizer ect...

4. Customer agrees to promptly notify contractor in writing of any dissatisfaction with the maintenance service to insure that maintenance is performed as agreed.

5. Customer shall pay Contractor at the rate of $ ___________ per Month for the service herein agreed to be performed. Payment shall be made as agreed upon by both parties.

6. The terms of this Agreement shall commence on _______________ and shall continue in full force until _______________ .

7. Contractor Guarantees that it will perform its service in a Professional manner. Should Customer’s plantings be damaged by and/or failure of Contractor to fulfill its obligation under this Agreement, Contractor shall repair or replace such damaged plantings. Contractor shall not be liable for any damage due to inclement weather, insects, or other uncontrollable situations.

8. This Agreement is a Binding Contract that shall be governed by the laws of North Carolina.

Jernigan Lawn Care & Landscaping Customer

_____________________________ ______________________________________
Contractor’s Name: Customer’s Name:
Start Date: _________________ End Date: ____________________

ZKSLAWN
10-06-2009, 06:48 PM
From the couple business courses and business law classes i took it definitely seems very professional to me. But than again i'm no expert.

bohiaa
10-06-2009, 10:05 PM
correct me if I'm wrong, But are you going to use this as a monthly agreement ?

If so, you dont have anywhere, on how many times you will provide service.

mgt379
10-07-2009, 10:08 AM
You might want to word the services diffrently because that way makes it seem like you are going to perform those services every time

otis
10-15-2009, 02:28 AM
I dont understand maintenance contracts, I have been mowing for 27 years have had many customers for over 25 years. I mow. They pay. I do my best job and no one questions my bills and 90 percent pay within 10 days, ( I have over 130 residential lawns) I dont get it.

CkLandscapingOrlando
10-15-2009, 06:17 AM
My contracts spell out every thing. Mow dates, height, and what happens in the event of rain. What gets edged and how often. All the way down to quality control and cancelation. 3 pages for every thing.

I only use contracts for comercial

grandview (2006)
10-15-2009, 05:41 PM
I dont understand maintenance contracts, I have been mowing for 27 years have had many customers for over 25 years. I mow. They pay. I do my best job and no one questions my bills and 90 percent pay within 10 days, ( I have over 130 residential lawns) I dont get it.

I agree too. If people can walk away from a half million dollar house what's 25 bucks to them.

LouisianaLawnboy
10-15-2009, 11:19 PM
Your contract is confusin and scary to a consumer.
Posted via Mobile Device

DJ'sLawnCareSvc
10-16-2009, 12:47 AM
Any large commercial job is going to look for pinpoint accuracy as to what to expect from you, the more precise the agreement is, the less chance there is for discrepancies.

Kennedy Landscaping
10-17-2009, 06:59 AM
Looks good, just those minor changes.

willslawncare
10-19-2009, 04:22 PM
Thanks for the suggestions. I wrote this up for mostly small commercial accounts like Banks but i knew that it needed tweaking. I was trying to keep it on 1 page but i might reconsider that. Thanks.

mowerbrad
10-19-2009, 05:52 PM
Like others have said you need to make the contract more specific. This will in turn, help both you and the customer. This may add some length to the contract which might overwhelm the residential customer but it is something that should really be done.

Roger
10-19-2009, 09:09 PM
Agree with Otis and Grandview, ... residential customers don't need these documents for simple tasks such as mowing, trimming, etc.

Why would you want to obligate yourself to (6)? I read about LCOs wanting a contract, and obligating themselves to some term. Why would you want to do this? If the situation is one you want to walk away from, why do you want to bind yourself to these terms? If a residential customer doesn't want your service and hires somebody else, they show and do the work, what are you going to do, ... show them your piece of paper and say "You can't do that?" The customer holds the cards in these situations. It is their property, the LCO provides services only at the pleasure of the homeowner. The amount of money involved in these simple deals isn't worth anybody going to court in an effort to enforce.

starry night
10-19-2009, 09:17 PM
I don't think I've ever seen a landscape maintenance contract that didn't have an escape clause----- 3 weeks notice from either party and the contract is cancelled. So why have one at all, you ask. Yep.

dmunoz
10-21-2009, 08:33 AM
Your contract is not clear enough. You need to spell everything out in it. You should also have a termination clause in it so you our the client knows how to end the relationship if needed. We have a 30-day termination clause. We don't do anything without a contract. It's too easy for clients to say that you told them you included "such and such" to get free work. If they sign the agreement, they're bound by it. We use a one-page detailed estimate with a terms page for one-time jobs and an agreement that spells out monthly/weekly services for maintenance jobs. Do it right the first time.

Bob_n_weave
10-21-2009, 10:16 PM
Agree with Otis and Grandview, ... residential customers don't need these documents for simple tasks such as mowing, trimming, etc.

Why would you want to obligate yourself to (6)? I read about LCOs wanting a contract, and obligating themselves to some term. Why would you want to do this? If the situation is one you want to walk away from, why do you want to bind yourself to these terms? If a residential customer doesn't want your service and hires somebody else, they show and do the work, what are you going to do, ... show them your piece of paper and say "You can't do that?" The customer holds the cards in these situations. It is their property, the LCO provides services only at the pleasure of the homeowner. The amount of money involved in these simple deals isn't worth anybody going to court in an effort to enforce.



I agree ! Not worth the hassle. I do require payment after 2 cuts or there will be no 3rd cut. If I get stiffed no big loss.

Chilehead
10-21-2009, 10:21 PM
Take out the line "Contractor is fully insured" after #3. Move the Weekly/biweekly line to #6 and list as Frequency of Service. Any guarantees (#7) should be left off a contract and composed on a separate sheet IMHO.

dmunoz
10-21-2009, 10:23 PM
I agree ! Not worth the hassle. I do require payment after 2 cuts or there will be no 3rd cut. If I get stiffed no big loss.

I disagree. Why would you want to put yourself in the group of lawn care "professionals" who doesn't take their business seriously? My customers expect to sign a contract with us if we do repeat work. Unless you want to always be a guy in a truck with a mower and nothing more, you may want to reconsider how you deal with your clients and your business.

Roger
10-21-2009, 10:29 PM
... Unless you want to always be a guy in a truck with a mower and nothing more, you may want to reconsider how you deal with your clients and your business.

I think that is the focus on this discussion. The question is not about installs, major landscape projects, or any work worth much money per customer, rather menial residential maintenance work, usually offered on a weekly basis.

dmunoz
10-21-2009, 10:35 PM
I think that is the focus on this discussion. The question is not about installs, major landscape projects, or any work worth much money per customer, rather menial residential maintenance work, usually offered on a weekly basis.

He said it was for small commercial projects like banks and not residential clients.

Roger
10-21-2009, 10:45 PM
If it the contract is for commercial projects, then it is woefully inadequate. It says nothing about indemnification, nothing about adjudication, nothing about costs of legal action, location of legal proceedings, etc. There are many, many things missing from a legal binding document that has much teeth. What was being proposed is a simple letter of understanding, not a legal contract.

If I was the manager of a commercial property and saw this single piece of paper come across the desk, I would know immediately the level of contractor. I would know that I was in the driver's seat, and the contractor is a willing passenger. These are the situations of which future threads on LS are made of: Got taken, having trouble with the property manager, etc.

g21
10-21-2009, 10:51 PM
I realy don't like blank form type agreements. They appear too off-the-shelf. The language is fine for a simple agreement, but I would suggest putting it into Word or some program like that and when you present a new bid, go into the file and change the names, scope of work, dates, etc. and print it out and then save the bid with the clients name. Now you will have the bid on file and as you bid different types of properties, you will get to the point where all you are doing is changing names and printing.

The point is that each proposal or agreement will look as if you did it just for them. It will be much more professional and give the appearance that you have substantial time invested in the proposal. Don't forget to get your logo on it as well.

Good Luck.

Tommy

dmunoz
10-21-2009, 10:57 PM
If it the contract is for commercial projects, then it is woefully inadequate. It says nothing about indemnification, nothing about adjudication, nothing about costs of legal action, location of legal proceedings, etc. There are many, many things missing from a legal binding document that has much teeth. What was being proposed is a simple letter of understanding, not a legal contract.

If I was the manager of a commercial property and saw this single piece of paper come across the desk, I would know immediately the level of contractor. I would know that I was in the driver's seat, and the contractor is a willing passenger. These are the situations of which future threads on LS are made of: Got taken, having trouble with the property manager, etc.

Yes! Make sure your contract is specific for your client and inclusive of the things that will cover you if there is a problem. And, get your attorney to look at it before you start using it. If you don't have an attorney, you should get one.