Landscaping Contract Template
This Landscaping Contract (the "Contract") is entered into on  (the "Effective Date") by and between
 , an individual registered at  (the "Landscaper"), and
 , an individual registered at   (the "Client"), collectively referred to as the "Parties" and individually as the "Party".
SUBJECT TO THE CONTRACT. The Landscaper agrees to provide the following landscaping services (the "Services" or "Landscaping Services") to the Client for the property specified herein (the "Property") in compliance with all applicable laws and regulations:
The Landscaper shall begin providing the Landscaping Services on  .
SCOPE OF THE SERVICES AND WORK SITE. For improvement of the area around the Property, the Landscaper shall provide the following Services to the Client:
The work site shall be located on the Property at  . The Client shall provide an accessible and safe work site for the Landscaper. The Client shall grant access to outside water sources, electrical outlets, and any other necessary equipment required to perform the Services.
The  shall be responsible for providing all equipment and materials required to perform the Services. Upon completion of the Services, the Landscaper shall remove all debris and equipment and take all necessary precautions to protect the Property.
PAYMENT TERMS. The Client agrees to pay the Landscaper a fixed fee of  for the provided Services. The payment conditions are as follows:
• Payment term: The payment is due within   days after completion (the "Due Date") of the Services.
• Late payment: If the Client does not make a payment by the Due Date, the Client shall be responsible for paying interest on the unpaid balance at the rate of  % per day or the maximum rate permitted by law.
• Payment method: The Client shall pay the Landscaper by cash unless otherwise agreed upon in writing between both Parties.
• Taxes: The  shall cover all taxes associated with the Services, including sales tax, use tax, and other applicable taxes.
In addition to the payment terms outlined in this section, the Client agrees to pay the Landscaper for the following Services:
• Change orders: The Client may request additional Landscaping Services or changes to the provided Services by submitting a written change order to the Landscaper, which includes the estimated cost and time frame required to implement the requested changes. The Client may approve or decline the change order estimate. If the Client approves the estimate, the Parties shall sign a written addendum to modify this Contract. The additional expenses and time needed for the change order will be added to the price and schedule of the Contract.
• Overtime: If the Landscaper is required to work overtime, as defined by applicable laws and regulations, the Client is responsible for compensating the Landscaper at the rate of  per hour.
• Permits and fees: The Landscaper is responsible for obtaining all necessary permits and covering associated fees to carry out the Services. Upon receiving an invoice from the Landscaper confirming these expenses, the Client shall reimburse the Landscaper for the incurred costs.
• Travel and lodging: If the Services require the Landscaper to travel beyond  from the Landscaper's place of business, the Client shall reimburse the Landscaper for reasonable travel and lodging expenses as outlined in the addendum.
INSURANCE. The Landscaper shall maintain the insurance coverage in amounts sufficient to cover any liability arising from the performance of the Services under this Contract. This coverage should include general liability, property damage, and workers' compensation insurance. Before the commencement of the Services, the Landscaper shall provide the Client with a certificate of insurance to confirm such coverage.
The Landscaper mandates that the sub-landscapers maintain adequate insurance coverage for liability arising from the performance of the Services, including general liability, property damage, and workers' compensation insurance.
SURVEY AND TITLE. The Client affirms their legal ownership of the Property for which the Services are to be provided and their full authority to enter into this Contract.
The Landscaper shall inspect the Property to ensure the Services comply with all applicable laws, rules, and regulations.
If any defects or encumbrances related to the title of the Property are discovered while conducting the Services, the Landscaper shall immediately notify the Client in writing.
TERM OF THE CONTRACT. This Contract shall commence on the Effective Date and shall continue until completion of the Services and payment of all amounts due hereto, but in no event later than  , unless terminated earlier under the terms of this Contract.
Either Party may terminate this Contract at any time upon  days prior by providing written notice to the other Party.
Either Party may terminate this Contract upon  days prior by providing written notice to the other Party if the other Party violates this Contract and fails to rectify the issue within the specified notice period.
In addition, either Party may terminate this Contract immediately upon written notice to the other Party if the other Party becomes insolvent or files for bankruptcy.
Upon termination of this Contract, except for termination due to a material breach of this Contract by the Landscaper, the Client shall pay the Landscaper for all Services satisfactorily completed by the Landscaper through the date of termination.
WORK PRODUCT CLIENTSHIP. All work products, materials, and supplies created by the Landscaper shall be the Client's sole property upon full payment for the Services rendered by the Landscaper. Upon receiving full payment from the Client, the Landscaper agrees to transfer all rights, titles, and interests in and to such work product, materials, and deliverables.
Without the Client's prior written consent, the Landscaper agrees not to use any work products, materials, or deliverables created under this Contract for any purpose other than the performance of the Services under this Contract.
COMPLETION OF THE SERVICES. The Landscaper shall commence the Services on the date specified in the Contract and complete the Services by the stipulated date specified in the Contract unless the Client grants written extensions. The Landscaper is committed to delivering the Services promptly and in a professional manner, following industry standards, and complying with the Contract.
Upon completion of the Services, the Landscaper shall submit an acceptance certificate (the "Acceptance Act") to the Client for signature. This acceptance certificate lists all of the Services provided and states that the Services have been completed in accordance with the Contract and that all required inspections, tests, and approvals have been obtained. The Client shall have   day to inspect and test the Services for compliance with the Contract. If the Services meet the Contract specifications, the Client shall sign the Acceptance Act and submit it to the Landscaper.
If the Services are found to be defective or non-compliant with the Contract, the Landscaper shall promptly rectify the issues without incurring an additional cost to the Client. The Client shall have additional  day to inspect and test the corrected Services. If the Services align with the terms of the Contract, the Client shall sign the Acceptance Act and submit it to the Landscaper.
INDEMNIFICATION. The Landscaper agrees to indemnify and hold harmless the Client, the Client's affiliates, agents, and employees against any damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from or related to the performance of the Services under this Contract, except for claims, damages, losses, liabilities, costs, or expenses caused by the Client's negligence or willful misconduct.
The Client agrees to indemnify and hold harmless the Landscaper, the Landscaper's affiliates, agents, and employees against any damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, resulting from or related to the use of the Services provided by the Landscaper, except for claims, damages, losses, liabilities, costs, or expenses caused by the Landscaper's negligence or willful misconduct.
WARRANTY. The Landscaper warrants that all Services provided under this Contract will be performed professionally, with reasonable care and skill, and in accordance with all applicable laws and regulations. Any Services involving illegal activities, including but not limited to the use of prohibited pesticides or violation of zoning laws, shall be considered a material breach of this Contract, rendering it unenforceable. The Landscaper assures that all materials used during the performance of the Services will exhibit excellent workmanship and be free from defects.
This warranty is valid for  months after completion of the Services. This warranty does not apply to damages resulting from natural wear and tear, force majeure, or the Client's negligence.Â
The Landscaper shall not be liable for any indirect, incidental, or punitive damages arising from the Services performed under this Contract.
FORCEÂ MAJEURE. Force majeure events, such as acts of God, war, terrorism, strikes, lockouts, labor disputes, pandemics, governmental regulations, and others, cannot make the affected Party liable for any failure or delay in the performance of the Services.
In the case of force majeure, the affected Party shall immediately notify the other Party about the nature and extent of the circumstances and their effect on the Party's ability to perform. The Party affected by force majeure shall mitigate its consequences and resume the obligations promptly after the circumstances cease to exist.
If the force majeure circumstances last more than   day, either Party may terminate this Contract by giving written notice to the other Party. In this case, neither Party shall be liable to the other Party for any damages arising from the termination of this Contract.
GOVERNING LAW AND DISPUTE RESOLUTION. This Contract shall be governed by and construed under the laws of the State of  , except for its conflict of laws principles. Any action or proceeding arising out of or relating to this Contract or its breach shall be brought exclusively in the courts located in the State of  . The Parties agree to the jurisdiction of such courts and waive any objections to their venue.
CONFIDENTIALITY. The Parties shall keep strictly confidential information and shall not disclose any information to any third party unless required by law. The Parties agree not to use the confidential information for any purpose other than what is necessary to fulfill their obligations under this Contract.
This confidentiality clause shall remain in effect after the termination or expiration of this Contract.
SEVERABILITY. The invalidity or unenforceability of any provision of this Contract shall not affect its validity or enforceability.
ENTIRE AGREEMENT. This Contract is the complete agreement between the Parties with respect to the subject matter hereof, superseding any prior agreements and communications, both written and oral, regarding such subject matter. Any amendments or modifications to this Contract must be in writing and signed by both Parties. This Contract does not establish a partnership or joint venture between the Parties, and neither Party has the authority to bind the other.
AMENDMENTS. This Contract may only be modified by a written agreement signed by both Parties. Any amendments to this Contract shall be binding only if they are in writing and signed by both Parties.
BINDING EFFECT. This Contract shall be binding for the Parties and their respective successors and assigns. Neither Party may assign this Contract or any of its rights or obligations hereunder without obtaining prior written consent from the other Party, which cannot be unreasonably withheld.
ANNEXES. Any annexes, schedules, and exhibits to this Contract are considered its integral parts. In the event of any inconsistencies between the provisions of the main body of this Contract and its Annexes, the provisions of the main body of this Contract shall prevail.
|
THE LANDSCAPER |
THE CLIENT |
  , USA    ___________________________ (Place for a signature)   |   , USA    ___________________________ (Place for a signature)   |
to the Landscaping Contract dated Â
We, the undersigned,
 , an individual registered at  , (the "Landscaper") and
 , an individual registered at   (the "Client"), collectively referred to as the "Parties" and individually as the "Party".Â
Acting voluntarily and completely aware of the actions, having concluded this Acceptance Act to the Landscaping Contract dated  , confirming the following:
1. The Landscaper has provided, and the Client has accepted the following Services:
Date/period of the Services provision: The Landscaping Contract dated  has commenced on the Effective Date and continued until  if the Services have not been completed by that date unless terminated earlier in accordance with the terms of this Contract.
Price of the Services: Â .
2. The Services are provided in a professional manner and in accordance with the law. The Parties have no claims against each other.Â
3. This Acceptance Act is an integral part of the Landscaping Contract dated  .
|
THE LANDSCAPER |
THE CLIENT |
  , USA    ___________________________ (Place for a signature)   |   , USA    ___________________________ (Place for a signature)   |
