review my Contract

Discussion in 'Business Operations' started by ceaman, Jan 24, 2002.

  1. ceaman

    ceaman LawnSite Member
    from Indiana
    Messages: 131

    I have used information I found in several forums to design what I feel is the perfect contract for my buisiness. I am about to send it to the attorney for his revisions but I wanted to ask a few of you to review what I have and ask for any sugestions and opinions. please tear it apart and help me put it back together....

    Attached Files:

  2. ceaman

    ceaman LawnSite Member
    from Indiana
    Messages: 131

    oops it downloads in too fine of print so unless you want to zoom in.....
    I enlarged it here
    thanks for your help!

    Attached Files:

  3. kutnkru

    kutnkru LawnSite Silver Member
    Messages: 2,662

    Aeration twice per season is best once is great. Overseeding should only be done once as needed and in my opinion its best in the fall. Less weed competition at this time.

    Your legaleze part is too lengthy. Your contract should follow the kiss rule. Keep It Simple Stupid.

    Just my .02
  4. gene gls

    gene gls LawnSite Gold Member
    Messages: 3,213

    From what I see, all you have there is a mowing contract. Every thing else is extra.

    I use a List Of Srvice Sheet, listing most of my services and have a customer pick which services they are interested in and then work up a contract with their needs listed with prices for each service, all in one contract for the season. Any other work they decide to do will be quoted at the time of need.

  5. Lawn-Scapes

    Lawn-Scapes LawnSite Silver Member
    Messages: 2,810

    I had to force myself to read the whole thing.. and if I was a client.. I wouldn't sign.

    I'm not even close to being a contract expert as this is my first year presenting contracts.. I took the KISS approach.

    Like Gene said.. Other than Lawn Maint. everything is "billed as additional" and then you have a section "Additional Services".

    I felt there were too many conditions that tell me (as a client) that I'm screwed... by either hitting me with charges if you don't do the work and hitting me with exorbitant amoumt of charges if you do do some work.

    I'm sorry.. but I didn't like it and would have a hard time presenting it to a client of mine. That's me though... maybe others will like it?

    I'd be interested in what the attorney says... Good Luck
    I don't know how this is going to post.. copy and pasted from my document.. If I knew how to make a link it would be easier..

    Here's an example of what I did: It looks better on 8x11 paper.. I put the price in when I present it to them and they initial what they want...

    ********2002 Grounds Maintenance Proposal/Agreement******

    Client Name:

    Work To Be Performed At:

    Lawn Maintenance: TSG Property Maintenance Co. will maintain the lawn on an as needed basis during the season (April 1st - November 30th). In the event of inclement weather, TSG Property Maintenance Co. will reschedule the visit as soon as possible, and regularly scheduled visits will resume. In the event of drought conditions, TSG Property Maintenance Co. will use its judgment as to whether or not turf needs cutting.

    Price: $________________ Initials:________

    Landscape Maintenance: TSG Property Maintenance Co. will prune and/or shear all hedges and shrubs as needed (usually 2-3 times) during the growing season. Flowering perennials and ornamental grasses will be cut back at the end of their growing season. Annuals will be removed at the end of their growing season. All debris will be removed from the property.

    Price: $________________ Initials:________

    Plant Bed Maintenance: TSG Property Maintenance Co. will inspect and maintain plant beds bi-weekly, keeping weeds to a minimum throughout the season, April 1st - November 30th. Debris will be removed from property.

    Price: $________________ Initials:________

    More services follow the same format

    Here's my terms (maybe too simple?)

    Total Seasonal Price For The Requested Services Outlined Above:$_________________

    Payment: Ten (10) equal installments of:______________________________Per Month.

    Billing: Client will receive ten monthly invoices. Invoices will be billed to the client on the 1st of each month, beginning February 1st and ending November 1st.

    Payment Terms: Net 14 days. The client agrees to pay the monthly bill in full, by the fifteenth day of each billed month. A $10.00 late fee will be applied to the next billed invoice if payment is not received. An invoice 15 days past due will be considered delinquent and services may cease until payment is received. Client will be responsible for all fees related to the collection of monies owed TSG Property Maintenance Co.

    Terms: All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practice. Additional services (not outlined in this agreement) will be considered an extra and billed separately.

    Cancellation: 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.

    We propose to furnish material and labor - complete in accordance with the above specifications. I sign on a line here

    Acceptance: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work. Payment will be made as outlined above.They sign on a line here

    I wanted my Proposal/Agreement to fit on a single side of one page.. and it does even with the spaces

    I hope this is of some use to some..?
  6. jrblawncare

    jrblawncare LawnSite Senior Member
    Messages: 445

    It does seem to long...................................................
    At your snow and ice section how about...
    Ground maintenance will not be liable for damages or injuries sustained after leaving the job site or grounds.If additional services are needed(ice melt,ect.) please notify Grounds says it all sort and sweet.Just a thought..
  7. heygrassman

    heygrassman LawnSite Senior Member
    Messages: 509

    Is everyone else in the midwest only getting 30 cuts in per year? This is killing my business plan. I was backing on 40-43 cuts per season (zone 5b/6a here). Seems like there is some money being left on the table.
  8. trimmasters

    trimmasters LawnSite Senior Member
    Messages: 264

    Grassman, not a chance in OH, the most we have ever seen is around 30.
  9. The contract seems like too much for a simple residential mow contract, but you didn't specify res/com. I like the simple approach.
    I'd love to get a 30 mow season, we try to stretch to 26 but most average 22-24. Aerating seasons make up for it.
  10. KirbysLawn

    KirbysLawn Millenium Member
    Messages: 3,485

    I'm with the others, no way I would read all that too many long paragraphs. Formating and cleaning it up may help but it must be easy to read. Here is a copy of mine, I alter things as needed and just add boxes to the services list if more are needed.

    Attached Files:

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