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Critique my POLICY

I would keep them together, but with payment related stuff as a subsection.

Doggy doo? we don't mash it, we mow around or skip the yard and bill for the stop. Straps go over tires and guys service the machines -health risk.

Missing?

Termination/out clause
limitation of liability

that's all I can think of.
 
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Slcareco

LawnSite Senior Member
Location
New York
So you agree with my original k. ?

K. If a pet is kept at the property, the lawn must be free of pet droppings when Horticulturescapes is scheduled to service your yard. Failure to do so will result in a possible $25 equipment cleanup fee. Horticulturescapes reserves the right to mow around the pet droppings if conditions permit.

For termination I have....

D. Either party may terminate this agreement at any time with a 15 day advance written notice. Cancellation date will be 15 days after such notice is received. In the event of cancellation, the client will be responsible for all costs of services rendered up to the cancellation date. A final invoice will be sent to the client 15 days after notification for balance due.

What should I put for limitation of liability?
 
1. LIMITATION OF LIABILITY. xxxx co’s liability hereunder, if any, for claims or damages relating to this agreement which are made against it, whether in contract or in tort, will be limited to the amount paid by the client for the services performed hereunder by xxxxx co. relative to the events which are the basis of the claim. In no event, will xxxxx co. be liable for any lost profits or consequential, exemplary, incidental, indirect, or special damages arising from or in any way related to this contract or relating in whole or in part to clients rights hereunder.


This is mainly for commercial, but basically says that if they are having a wedding or something on their lawn, and you scalp it, you don't owe them for the cost of the wedding -only to restore the lawn to original condition.

k. is fine, but may come across as harsh. You should screen out the poopsters.
 
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Slcareco

LawnSite Senior Member
Location
New York
Damn, now should I put it in all caps or reg?

Also what is "tort"
 

mowerman111

LawnSite Senior Member
Location
Las Cruces NM
Here is a copy of our agreement it is two pages long, at the top is the company name and address and at the bottom of page two is our monthly fee, with a place for both signatures. When I meet with the client that is when I address things like toys,doggie doo etc. if I see things that need to be addressed. There is no need to be that demanding. I wouldn't hire you once I read that crap. my.02 worth.


PROJECT: Maintain lawn and grounds in accordance with the following specifications:

SCOPE OF WORK:
1. Mow and trim lawn areas for a neat appearance.
2. Fertilize lawn and all other plantings as needed. Fertilizer will be an extra charge.
3. Control weeds in rock areas by pulling and/or spraying.
4. Prune, trim and shape shrubs to maintain a good balanced structure and aid growth.
5. Inspect lawn and bushes for fungi and insects. Chemicals will be an extra charge.
6. Prune trees to keep branches above head height as needed. Major tree pruning will be billed as an extra charge.
7. Tree leaves will be picked up during the fall season.
8. Leaves and debris to be blown out from under shrubs.
9. Pick up trash as necessary.
10. Maintain sprinkler system valves and heads by adjustment only. Replacement parts and
underground repairs will be billed as an extra.

FREQUENCY OF SERVICE: Weekly 1st week in March through last week in October.
Bi-weekly November through February.

CHANGE ORDERS: Any request for extra work which results in extra cost in either materials or labor to the contractor will only be executed upon written order signed by both the customer and the contractor. Labor will be billed at $40.00 per man-hour.

WORKMANSHIP: All work to be performed in a professional and workmanlike manner in accordance with standard and accepted trade practices.

DURATION OF CONTRACT: Contract shall remain in effect indefinitely and may be canceled by either party upon thirty days written notification. Winter season is not an acceptable reason for cancellation of this contract.

INCLEMENT WEATHER: In the event of bad weather and your regular visit is missed due to rain, wind, snow etc., services will resume on your next scheduled visit. Your agreed monthly charge will still apply.


CONTRACT CHANGES: The terms of this contract may be changed only by means of a written agreement signed by both parties and attached to this contract.

INSURANCE: The company and all employees are covered by liability and Workers’ Compensation insurance.

MATERIALS: Fertilizer, insecticide, fungicide, etc. will be billed as an extra cost.

PAYMENT: To be made monthly on or before the 10th day of each calendar month. A $5.00 late fee will be charged to all invoices not paid by the 15th of the month.

BID: We propose to furnish all labor and equipment necessary to complete this work in accordance with the above specifications for the sum of (plus applicable tax):
 
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Slcareco

LawnSite Senior Member
Location
New York
Idk it seems too crammed for me

The way Im setting this up is a proposal/agreement

*keep in mind im looking to deal with HIGH end residential million dollar homes with privets down 200 ft driveways, lawyers, doctors, actors, etc.*

1. Cover Letter - States who I am, what I plan to do, how, when, etc.
2. Table of contents - Lists clearly where everything can be found
3. List of services - this lists the services offered in our maintenance field, the number of visits and months rendered
4. Service Specs - Explains in detail what each service is for, how and why.
5. Terms and Conditions - Explains what is expected, whats not expected, payment terms
6. Service Pricing - this outlines clearly the price per, price total, shows discounts that may apply, and complete total with the options to pay in full, or pay as performed
7. Signed agreement - Self explanitory


All in a nice packet....I was thinking of maybe leaving out the service spec and maybe just giving them a 3 fold brochure explaining the same thing idk yet
 

Roger

LawnSite Fanatic
Location
McMurray, PA
If you are asking about "tort," then you need to have an attorney draft your agreement (contract, policy, or whatever you choose to name the document).

I have made comments about this topic in many other threads, but will refrain from repeating them here. I will add only one thing. If you make firm statements regarding actions by the customer (e.g. cleaning up their lawn) in such a document, you need to be prepared to enforce those requirements. If you have no way of enforcing, or no intention of enforcing, then you best take them out. Some of those requirements will be ignored, perhaps many of them. When that happens, what are you prepared to do?

If your client base is higher-end folks with means and career successes, they will not take lightly to be told what to do by the person who cuts their grass. They are going to be much more concerned about other things, not worrying about fulfilling all the requirements in your document.
 
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Slcareco

LawnSite Senior Member
Location
New York
Im not going into this business as a nobody first hand....

I have a degree in ornamental horticulture: landscape development and still in school to get my degree in Landscape Architecture

Ive been in this industry for 8 years now

I plan on running a design,build, maintain business with a degree and several certificates such as the CNLP (certified nursery landscape professional)

Im not looking for customers who dont care about what goes on with there yard the type who say "oh just cut it and ill pay you"

I'd like to be taken as the professional

All my policy which I now changed to terms and conditions states is things people should be aware of, I dont demand anything I just let it be know what I would like to expect. For example dont expect me to mow the extra 10,000 sqft of lawn you just put down last month for the same price as the rest... stuff like that

When a plumber comes to your house you make a path for the guy and make sure everything is away from the furnish or do you leave tons of **** for him to pick up? People dont do this for landscapers, they leave there kids toys all over the place and they wonder why thats in my agreement.
 
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Slcareco

LawnSite Senior Member
Location
New York
I think its time people take this industry serious and not just some guy with a mower anymore. Its a business like anyone else who runs one. I think its time people expect more than guys with no signed agreements like half on this site and those arent on it.

Why shouldnt we have terms and conditions people should be aware of?

We render a service client and contractor agree upon, signature for proof, explination of service(s), how things are run, what to expect, yada yada done deal

I think people are so far gone with the notion that a landscaper is just a landscaper he comes and goes week by week and you pay him cash no tax involved everyones happy

but ...

to me that only grows a client base of the same kind penny pinching clients with low balling "ill take it" contractors.

F that amen! hahaha
 
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Slcareco

LawnSite Senior Member
Location
New York
Terms and Conditions

GENERAL: All services will be preformed and completed accordingly as outlined in this agreement with accepted horticultural practices.

WEATHER: In the event of inclement weather, JOESCAPES may elect to skip a scheduled service. Your visit will be scheduled for the next available day. It is understood that depending on the length, and severity of any inclement weather, that it may take JOESCAPES varying amounts of time to fulfill the work covered under this service agreement. The client is aware that weather conditions in the area may change rapidly and without notice. Changes in weather conditions are considered to be an act of Mother Nature and JOESCAPES assumes no liability as such.

CANCELATION: Either party may terminate this agreement at any time with a 15 day advance written notice. Cancellation date will be 15 days after such notice is received. In the event of cancellation, the client will be responsible for all costs of services rendered up to the cancellation date. A final invoice will be sent to the client 15 days after notification for balance due.

PETS: If a pet is kept at the property, the lawn should be free of pet droppings when JOESCAPES is scheduled to service your yard. Failure to do so reserves the right for JOESCAPES to mow around the pet droppings if conditions permit.

ACCESS: If JOESCAPES arrives at the property to provide service, but cannot gain access to the property (due to a locked gate, sprinklers on, or fertilization/pesticide application for example), the customer will be charged a regular fee even though we were unable to service the inaccessible portion of the yard. If we have to come out and service the remaining portion of the yard, additional fee may be charged. To prevent any of these problems please make all gated areas accessible and unlocked. If you will be using a lock make it a numeric lock giving us obtainable access to your yard by indicating the numerical code here: _______________.

SAFETY: For everyone’s safety, please use caution when approaching employees while using equipment. It is especially important to keep children and pets inside the house while lawn care equipment is being used.

On the scheduled day of Lawn Maintenance, it is the client’s responsibility to ensure that the lawn is free of toys, hoses, portable sprinklers, lawn lighting, erect defected sprinkler heads, and any other objects that interfere with the maintenance of the lawn. JOESCAPES will not be responsible for damage caused to or by such items left on the lawn. JOESCAPES also reserves the right to repudiate service if the lawn is not cleared prior to arrival.

SCHEDULING: Your regular service day is selected for service based on the days that we are currently servicing your area. Requests to temporarily change this day for parties, events, etc or the request for additional services to be rendered outside of your scheduled maintenance day will require an additional fee. This fee is based on the amount of travel time to your property. Please give JOESCAPES a minimum of 48 hours advanced notice.

If you use a lawn fertilization service, please schedule it at least two days before JOESCAPES arrives on the property for your lawn maintenance.

CHANGES: In the event the Client adds additional turf area, trees, plantings, walks, driveways, or paths that are suitable for edging or other maintenance, JOESCAPES shall not be responsible for the care or maintenance of such additional improvements without a written change order approved by both parties.

Any additional service(s) desired that is not included or specified in this agreement requires written approval by both parties.

SKIPPING: JOESCAPES retains complete authorization to skip a week of lawn maintenance based on our professional determination of the need to cut or not.
 


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