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how does this contract look?? be gentle.

Discussion in 'Lawn Mowing' started by lawnwizards, Jan 26, 2006.

  1. lawnwizards

    lawnwizards LawnSite Silver Member
    Posts: 2,434

    i just want a simple contract that my customers can understand. i want something thats short and too the point.. i want to thank jim lewis for some of the exerpts in it. give me your opinions. what should i add or delete.. thanks.

    Proposal and Service Agreement

    This Agreement dated as of ________________ between Lawnwizards, of 8438 Alley Branch
    Catlettsburg KY 41129 (Lawnwizards) and _____________________, of ________________________________________ (Customer).

    In Consideration of the mutual covenants and conditions hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

    Goods, Services and Descriptions of Work, Lawnwizards will sell and Customer will purchase the following goods and services at $______ per weekly service, or $______ bi weekly. (Service includes, mowing, line trimming(if necessary), and blowing off areas with grass clippings). Any other service is excluded from this contract and will require a separate price (Please note: customer may switch to bi weekly anytime or upon sole discretion of Lawnwizards due to limited growth, be placed on a bi weekly schedule at the bi weekly price posted.
    Payment Terms. Customer is billed on a monthly basis and payment is due upon receipt of invoice. For amounts carried on account, Customer agrees to pay a FINANCE CHARGE of three percent (3%) per month on all past due amounts. In the event that Lawnwizards is required to incur legal fees or cost for the collection of money due and owing under this Agreement, Customer agrees to pay to Lawnwizards all reasonable cost of collection, including attorney fees and cost, whether or not a suit or action is filed. If suit or action is filed, the prevailing party may recover attorneys’ fees and cost at arbitration, trial, and on appeal.

    Revocation of Credit, Lawnwizards reserves the right at any time to limit or revoke any credit extended to Customer, or to refuse scheduling of orders because of Customer’s delinquent account or failure of Customer to pay amounts due, or for any other reasonable reason, at sole discretion of Lawnwizards.

    Cancelling Service. Customer who wishes to cancel lawn service must give Lawnwizards 7 days notice (via a telephone, letter, etc...). If Customer fails to give the required notice, Customer may be charged for service (upon Lawnwizards sole discretion) regardless if any work is performed.

    This Agreement is sets forth the entire agreement between the parties relating to the subject matter hereof and stands in the place of any previous agreement, whether oral or in writing. The parties agree that no amendment to this agreement will be binding upon the parties unless it is in writing and executed by both parties.

    I have read and understand this agreement and agree to its content.

    ____________________________ _________________________
    Customer Randy Cobern or Tim Wolfe
    Owners Lawnwizards
  2. MJLsLawnCareNmoreLLC

    MJLsLawnCareNmoreLLC LawnSite Senior Member
    Posts: 841

    What are we looking at?
  3. randosh4

    randosh4 LawnSite Member
    Posts: 179

    where is it ..................
  4. lawnwizards

    lawnwizards LawnSite Silver Member
    Posts: 2,434

    sorry. now look.. the notepad thing looked crappy.
  5. Jpocket

    Jpocket LawnSite Silver Member
    Posts: 2,278

    It's too intimidating for Resdential, but fine for commercail Mow and Blow. Most Residentials I know would think long and hard about signing that.
  6. lawnwizards

    lawnwizards LawnSite Silver Member
    Posts: 2,434

    should i simplify the wording to make it easier to understand? how can i make it more residential friendly?
  7. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    your contract is lame. sorry if that sounds mean. the way it's written, if it rains cats and dogs for 2 weeks strait, you'll be mowing a cornfield for the price of a single cut. this can be a huge problem if we have a rainy season.
  8. lawnwizards

    lawnwizards LawnSite Silver Member
    Posts: 2,434

    i thought by stating that i could designate them to bi weekly at my discretion covered my bases. that meaning that if it rained all week then they would be charged the bi weekly price... how would you word it to make it more appropriate to what you are saying about the missed week? thanks.
  9. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    YOU HAVE TO CHARGE PER SEASON, not by "the cut". if you can't sell "per season" mowing, you'll never make it. yes, it rains. and when it rains for 2 full days, it backs you up for a week. i'll tell you why: it's you, and one employee. you have your routes condensed, everything is planned nicely. you are able to mow 18 lawns a day, in 8 hrs, under normal conditions. you mow monday thru friday, 18 lawns a day, 90 lawns a week. the gross on these lawns is $2700 per week. your employee cost is $10 an hr x 40 hrs=$400. not to mention matching payroll, wc, etc. just his pay. ok, it rains monday and tuesday. you now have only 3 days to mow 90 lawns. you can't do the same 18 lawns a day, it's wet and higher than usual, and you have to mow slower. you have to clean the mowers more often during the day, and change blades a few times. in 8 hrs on wednesday, you only get 12 lawns done. you work an extra couple hrs to get the 18 lawns done, say 3 extra hrs. now, those 18 lawns cost you $110 to mow, instead of the usual $80. ok, on thursday, you do the same thing. on friday, it rains again. by saturday, you're trying to to cut TUESDAYS lawns. the thursday and friday regulars are ringing your phone off the hook, "where are you." ok, you cut tuesdays lawns on saturday. it takes you 11 hrs, to do what u usually would have done in only 8 hrs. even if your employee is willing to work sunday, to catch up, you are still only cutting wednesdays lawns, on sunday. thursdays lawns will be mowed on monday. fridays lawns on tuesday, then mondays lawns on wednesday, then wednsdays lawns on thursday....but, " why are you mowing again? you were just here, on sunday, thay was only 3 days ago?" as time goes on, you'll end up: paying more money towards expenses to mow less lawns, and make less money. your schedule will be in shambles. at some point you'll probably be paying overtime (now $15 an hr) to get caught up. when the wage goes up, so does the matching payroll, and workers comp, but some never account for this. at some point, you'll end up losing an entire week worth of income ($2700) while paying more inexpenses.........you'll see. my suggestion, NEVER EVER quote it as "weekly mowing". you have a list of customers to be mowed. you start at the top on monday, you cut 6 days, if you finish the list fine, if not, on monday u pick up where u left off. then, when the list is done, you start at the top again. that's all you can do. oh, and did i mention these folks with drainage issues, who's lawns can't possibly be cut until at least a week after a heavy rain? what now...
  10. lawnwizards

    lawnwizards LawnSite Silver Member
    Posts: 2,434

    bobby, couldn't you also do this on a monthly basis. say for instance you charge 30 per cut. just charge the customer 120 per month with no # of cuts specified. that way if you have to cut more then 4 times a month it wont matter because when grass stops growing you still will make the 120 even if you only cut once that month... does this sound right to you? how do you think that would work.

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