Services Agreement
Grumble Lawn Care, LLC Subscription Agreement
This Agreement is made and entered into on the date entered in the “Start Date” field in Grumble Lawn Care’s New Customer Signup Form, by and between the signing party (hereinafter referred to as the “Subscriber”, “Customer”, or “Client”) and Grumble Lawn Care, LLC (hereinafter referred to as the “Company”, “Service Provider”).
Subscription Term The subscription term begins on the date entered in the above form and renews annually, unless terminated earlier in accordance with the terms of this Agreement.
Payment Terms Payments shall be made monthly in advance on the 1st of each month. Payments are due on or before the 1st of each month.
Subscription Fee The Subscriber agrees to pay the Company a monthly fee listed in the signup form. The total annual subscription fee is calculated as the sum of the monthly maintenance plan fee and the monthly fertilizer fee multiplied by 12.
Customer Address and Additional Notes
- Customer Address
By signing this agreement, the customer confirms that the address provided is accurate and that the additional notes, if any, are complete and understood.
Service Schedule
- Overview
This Service Schedule outlines the number of visits to be provided by the Service Provider during different times of the year. The year is divided into two distinct periods: Regular Maintenance Schedule and Winter Maintenance Schedule. - Definitions
Regular Maintenance Schedule: March through October
Winter Maintenance Schedule: November through February
3. Number of Visits
Summer Months (March through October):
The Service Provider will make the number of visits per month listed in the signup form agreement during the Regular Maintenance Months. The specific schedule for these visits will be coordinated with the Client.
Winter Months (November through February):
The Service Provider will make one visit per month during the Winter Months. No visits will be provided in January. The specific schedule for these visits will be coordinated with the Client.
- Additional Terms
If additional visits are required beyond those specified in this schedule, the Service Provider and Client will agree on the terms and conditions for such additional visits.
Any changes in the number of visits during the specified periods must be documented and signed by both parties as an amendment to this schedule.
Scope of Work for Regular Maintenance Schedule
The regular maintenance schedule provided by the Company includes the following services:
Mowing: The Company will mow the Client’s lawn.
Trimming: The Company will weed eat grass around trees, shrubs, fences, and other obstacles to maintain a neat and tidy appearance. This does not include the cutting back of overgrown areas and the removal of weeds and unwanted growth from designated locations.
Blowing: After mowing and trimming, the Company will blow off grass clippings, leaves, and other debris from paved surfaces, such as driveways, sidewalks, and patios, to ensure a clean and well-maintained appearance.
The Company will perform these services in accordance with the agreed-upon frequency. Any additional services or tasks outside the scope of this maintenance schedule will be subject to separate agreements and may incur additional charges.
Scope of Work for Winter Maintenance Schedule
The winter maintenance schedule provided by the Company includes the following standard services:
Leaf Cleanup: The Company will remove fallen leaves from the Client’s property, including lawns, garden beds, and paved surfaces, to prevent accumulation and maintain a clean appearance. Exact amount of debris cleanup cannot be guaranteed.
Light Tree and Hedge Trimming: The Company will perform light trimming of trees and hedges to maintain shape and promote healthy growth. This service is limited to minor pruning and does not include extensive cutting or shaping.
These services will be provided as specified in the winter maintenance schedule. Any additional services beyond those listed above will be subject to separate agreements and may incur additional charges. The Company will use commercially reasonable efforts to complete all scheduled services in a timely manner, but specific dates for service may vary. On call services will be provided for the months of December and February. The Customer is entitled to their allotted number of winter visits, but service must be requested by the customer. Due to the discounted rate of services in the annual plan, no refund will be issued if the customer fails to schedule service for the months of December, January, or February.
Customer Responsibility and Environmental Factors Clause
The customer acknowledges and agrees that they are responsible for maintaining the overall health and condition of their lawn, including but not limited to regular watering, proper mowing, and addressing any issues related to soil, drainage, or pest control. The lawn care company is not liable for any damages, deterioration, or failure to thrive of the lawn that may result from factors beyond its control, including but not limited to adverse weather conditions, drought, flooding, extreme temperatures, pest infestations, or other environmental influences. The customer agrees to indemnify and hold the company harmless from any claims, damages, or losses arising from such factors.
Cancellation and Refund Policy The Subscriber may cancel this Agreement at any time by providing written notice to the Company. However, if the Agreement is canceled before the end of the subscription term, the Subscriber agrees to pay a cancellation fee equivalent to two monthly payments if cancellation occurs before 12 months of service. The Subscriber can cancel their membership without a penalty by informing the Service Provider at least 60 days before the renewal date stated in this agreement, services and billing will continue until the agreement end date. The cancellation fee will be billed to the Subscriber’s account and is due immediately upon cancellation. Refunds will not be issued due to the material cost of the Company’s service.
Termination Either party may terminate this Agreement prior to the end date by providing written notice, subject to the cancellation fee outlined above. This Agreement will automatically renew for one-year terms at the end of the initial subscription period and each subsequent renewal term, unless either party provides written notice of non-renewal to the other party at least 60 days prior to the expiration of the then-current term.
Termination Fee and Delinquent Payment Clause
Termination Fee and Immediate Payment: In the event that the Customer elects to terminate this Agreement before the end of the subscription term and refuses to pay the applicable termination fee as specified in this Agreement, the Customer agrees that the total remaining annual subscription amount will become immediately due and payable. The Customer shall remit the total annual subscription amount to the Company within 30 days of the termination notice.
Delinquent Payment: If any payment due under this Agreement is not received by the Company within 30 days from the due date, such payment shall be considered delinquent. In the event of delinquent payment:
The Company reserves the right to refer the Customer’s account to a collections agency for recovery of the outstanding amount.
Alternatively, the Company may pursue legal action to recover the delinquent payment and any associated costs, including but not limited to legal fees and court costs.
Additional Remedies: The Company’s right to pursue collection through a collections agency or legal action is in addition to any other rights or remedies available to the Company under this Agreement or applicable law.
Service Schedule and Pricing Clause
- Request for Service Skips or Refunds: The Customer acknowledges and agrees that the Company’s pricing structure is based on a discounted rate for the services provided under this Agreement. As such, the Customer is not entitled to request that the Company skip a scheduled visit or to receive a refund for any missed services.
- Alternative Services: In the event that the property conditions do not require mowing during a scheduled visit, the Company will make reasonable efforts to provide alternative services in place of mowing. Such alternative services may include, but are not limited to, trimming, pruning, weeding, or other maintenance tasks as deemed appropriate by the Company.
- No Alteration of Service Pricing: The Customer agrees that the service pricing cannot be altered or adjusted based on requests to skip service visits. The discounted rate provided by the Company reflects the pre-agreed schedule of services and cannot be modified due to individual service requirements or requests.
Authorization for Automatic Billing
The Subscriber hereby authorizes the Company to bill the Subscriber’s payment method on file for the subscription fee on the first day of each month. The Subscriber agrees to maintain a valid payment method on file with the Company throughout the subscription term and acknowledges that the Company is permitted to automatically charge this payment method for the monthly subscription fee and termination fee. Should the payment method on file be declined or insufficient for any reason, the Subscriber will promptly provide an alternative payment method to ensure uninterrupted service.
Collection Agency Fees
In the event that any amount due under this Agreement is not paid within 30 days after the due date, and the account is referred to a collection agency for recovery, the Subscriber agrees that the Company is permitted to add any collection agency fees and associated costs to the outstanding balance. These fees may include, but are not limited to, collection agency charges, attorney fees, and other expenses incurred in the process of collecting the overdue amount. The Subscriber acknowledges and agrees to pay all such additional costs and fees associated with the collection of the overdue balance.
Month-to-Month Cancellation Policy
For all month-to-month customers, a minimum of 30 days’ notice is required for cancellation. If cancellation is requested during a billing period that has already been paid, services will continue through the end of the current billing cycle, and no refunds will be issued for any prepaid amounts. Customers are responsible for ensuring that cancellation notices are submitted in accordance with this policy.
Price Adjustment Clause
The Company reserves the right to adjust the prices for its services at any time. Such adjustments may occur under, but are not limited to, the following circumstances:
Customer Additions: If the Customer makes additions to or modifications of the property that increase the scope of work or the complexity of the services provided, including but not limited to additional installations, expansions, or alterations, the Company may increase the prices to reflect the additional workload and resources required.
Unforeseen Difficulties: If, after the initial inspection or assessment, the Company discovers unforeseen difficulties or complexities that were not disclosed by the Customer or apparent during the initial inspection, which affect the cost or scope of the services, the Company may adjust the prices accordingly to cover the additional costs and efforts required to address such difficulties.
Changes in Costs: If there are changes in the costs of materials, labor, or other inputs required to perform the services, the Company reserves the right to adjust prices to account for such changes.
The Customer’s continued use of the Company’s services following the notice of a price adjustment constitutes acceptance of the revised prices.
Service Area Exclusions
The Company shall not be obligated to perform services in areas where access is obstructed by debris or conditions that are deemed outside the scope of normal yard conditions. For the purposes of this provision, “normal yard conditions” refer to areas that are reasonably clear of substantial obstacles, hazardous materials, or any other impediments that would interfere with the safe and efficient execution of services. If such conditions are encountered, the Company reserves the right to skip services for those areas and doing so will not be in violation of this agreement. The Company shall not be liable for any delays or additional costs incurred as a result of such exclusions.
Customer Duty to Inform and Liability Limitation
The customer is responsible for ensuring that the service area is free of debris, obstacles, and other hazardous conditions prior to the commencement of services. The customer must inform the company of any known debris or obstacles that may affect the performance of the services. The company shall not be liable for any injury, damage, or loss resulting from undisclosed or unreported objects, debris, or obstacles in the service area. By accepting these terms, the customer acknowledges their responsibility to disclose such conditions and agrees to hold the company harmless for any related claims or damages.
Entire Agreement This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter hereof.
Governing Law This Agreement shall be governed by and construed in accordance with the laws of the state of Florida.
IN WITNESS WHEREOF, the parties hereto have executed this Annual Subscription Agreement as of the day and year first above written.