What is a Landscaping Contract?
When to use a Landscaping Contract:
- Your business provides landscaping services.
- You are hiring a business or individual to perform landscaping services for you.
This Contract for Landscaping Services is made effective as of , by and between ("") of , , , and ("") of , , .
DESCRIPTION OF SERVICES. Beginning on , will provide to the Landscaping Services as described in the attached Exhibit (collectively, the " Landscaping Services"). the following services (collectively, the "Landscaping Services"):
All Landscaping Services will be completed by at ,, , hereinafter referred to as the Work Site.
SCOPE OF WORK. shall provide all labor and materials, to do the above described Landscaping Services at the Work Site.
WORK SITE. hereby authorizes to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the to complete the Landscaping Services as specified in this Agreement and any attachments incorporated herein.
PAYMENT. Payment shall be made to , , , , , ., in the amount of upon completion of the Landscaping Services described in this Contract. upon executing this Contract. . agrees to pay in installment payments of . the sum of as follows:
Event and Payment Amount
In addition to any other right or remedy provided by law, if fails to pay for the Services when due, has the option to treat such failure to pay as a material breach of this Contract, and may cancel this Contract and/or seek legal remedies.
PERMITS. shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government. The cost thereof shall be included as part of the Payment to under this Contract.
INSURANCE. shall maintain general liability, workers' compensation and builder's risk insurance.
SURVEY AND TITLE. will indicate the property lines to the and will provide boundary stakes by a licensed land surveyor if is in doubt about the property boundaries.
TERM. This Contract will terminate automatically upon completion by of the Services required by this Contract. will terminate automatically on . may be terminated by either party upon days' prior written notice to the other party. will remain in effect for a period of .
ACCESS. will allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. Driveways will be kept clear for the movement of vehicles during work hours. will make reasonable efforts to protect driveways, shrubs, and other vegetation.
WORK PRODUCT OWNERSHIP. Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by in connection with the Landscaping Services will be the exclusive property of . Upon request, will execute all documents necessary to confirm or perfect the exclusive ownership of to the Work Product.. Upon request, will execute all documents necessary to confirm or perfect the exclusive ownership of to the Work Product.
COMPLETION OF SERVICES. Upon the completion of the Landscaping Services by the , shall see to it that 's property is restored to the condition they were in prior to the entry by , and the shall see to it that all portions used by during the term of this Contract shall be broom cleaned and free of debris.
INDEMNIFICATION. agrees to indemnify and hold harmless from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against that result from the acts or omissions of and/or 's employees, agents, or representatives.
WARRANTY. shall provide its services and meet its obligations under this Contract in a timely and workmanlike manner, using knowledge and recommendations for performing the Landscaping Services which meet generally acceptable standards in 's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to on similar projects.
DEFAULT. The occurrence of any of the following shall constitute a material default under this Contract:
|a.||The failure to make a required payment when due.|
|b.||The insolvency or bankruptcy of either party.|
|c.||The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.|
|d.||The failure to make available or deliver the Landscaping Services in the time and manner provided for in this Contract.|
REMEDIES. In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.
FORCE MAJEURE. If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising out of or relating to this Contract through friendly negotiations amongst the parties. If the matter is not resolved through negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, the parties may proceed to seek another form of resolution in accordance with any other rights and remedies afforded to them by law.Any controversies or disputes arising out of or relating to this Contract will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.Any controversies or disputes arising out of or relating to this Contract will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute, any outstanding issues will be submitted to binding arbitration under the rules of the American Arbitration Association. The arbitrator's decision will be final, and judgment may be entered upon it by any court having proper jurisdiction.
ENTIRE AGREEMENT. This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.
SEVERABILITY. If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
AMENDMENT. This Contract may be modified or amended in writing, if the writing is signed by the party obligated under the amendment.
GOVERNING LAW. This Contract shall be construed in accordance with the laws of the State of Commonwealth of .
NOTICE. Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.
ASSIGNMENT. Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
SIGNATORIES. This Agreement shall be signed on behalf of by , and on behalf of by , and effective as of the date first above written.
Final Checklist for Landscaping Contract
Make It Legal
|_____||Look over the Contract to ensure it matches your intentions. If you need to make changes to the Contract outside of the interview, you will be able to make changes online in the Document Manager at the end of the process or downloaded to any word processor.|
|_____||Make sure all attachments have been included. It is highly recommended that the Landscaper produce a design plan and specification sheet for . This design plan should contain before pictures of the Work Site and mockups of the anticipated final look. The plan should outline the dimensions of the projects and contain a list of materials to be used and their anticipated cost. You should scan and upload a copy of any attachments to your Rocket Lawyer account using your Rocket Lawyer account to ensure you have a complete record of all documents involved in this transaction.|
|_____||Use Rocket Lawyers easy e-signature service to share and sign electronically without having to print, sign and deliver hard copies. Or, print and sign hard copies of your Contract in duplicate.|
|_____||Share or deliver a copy of the Contract to the other Party.|
|_____||Keep a copy of all documents for your own records and in case there is a problem.|
|_____||Each Party should receive an original signed copy of the Contract. Your copy should be kept in a safe place. If you signed a paper copy of your document, you can use Rocket Lawyer to store and share it. Safe and secure in your Rocket Lawyer File Manager, you can access it any time from any computer, as well as share it for future reference.|
When to Consult a Lawyer
|*||If you are unsure or have questions regarding this Agreement or need additional assistance with special terms to the Contract, use Rocket Lawyers Find A Lawyer search engine to find a lawyer in your area to assist you in this matter.|
|*||It is not necessary that the signatures be witnessed or notarized.|
Reasons to Update
|*||The same parties are involved in another transaction involving different products.|
|*||To correct or amend terms of an existing contract.|
Members can always consult an attorney at no extra cost!
|*||If you have quick questions or wish to review this document with an attorney, you can do so for free. Rocket Lawyer's On Call® service makes it fast and easy to speak with a local attorney. Get started by visiting the Find a Lawyer tab on our site, or calling (866) 243-2183.|
Landscaping Contract FAQs
Why is it necessary to write a Landscaping Contract?
Regardless of who your client is, your Landscaping Contract is a step that should never be skipped. This list of benefits may help you make the decision to use one:
- There are no surprises about how long the engagement lasts
- Payment requirements are clearly defined
- Both parties understand the scope of their responsibilities
Any landscaper choosing not to use a Landscaping Agreement ought to brace themselves for certain issues, including confusion about fees and unrealistic requests.
How do I write a contract for landscaping services?
Fortunately, you won't have to start from scratch when putting your contract in writing. When using the document tools on Rocket Lawyer, any landscaper is able to draft Landscaping Contracts with ease. Your document is built step by step, so you can be sure that it has all of the relevant information that you'll need. Normally, for this level of personalization, you might end up paying a conventional law firm fees in the hundreds of dollars, if not more.
What should a Landscaping Contract include?
You may want to prepare the following information before making your document:
- The contact information for the property owner
- What type of services will be provided
- How much you will charge
- What the start and end dates are
As usual, your agreement will also contain standard language regarding the independent work relationship, confidentiality, the method(s) of dispute resolution, and indemnity for losses. In the process of building your agreement, you also will have the ability to designate which state's jurisdiction it falls under. With the document tool, you have the power to make more modifications, as necessary.
How can I get my landscape contract template checked out by a professional?
Locating someone to check your agreement can take a long time if you attempt to do it by yourself. An alternate approach could be via Rocket Lawyer attorney services. Rocket Lawyer members are able to request a document review from an experienced lawyer or ask additional legal questions. As a business owner, you can Work Confidently® knowing that Rocket Lawyer is by your side.
Will I need to do anything else after drafting my Landscaping Contract?
Alongside your Landscaping Contract, there's a set of next steps you can take to finalize your document. With a Rocket Lawyer membership, you may make edits, add electronic signatures via RocketSign®, save it as a Word or PDF file, print it out, or make copies of it when needed. Finally, as a best practice, you should give a final copy of the fully signed contract to your client.
How do I get a big Landscaping Contract?
Networking is a common method used to secure a big Landscaping Contract. Before you do anything, you should first draft an email, write a letter, or make a phone call to each of the businesses you are interested in. You should also consider attending local networking events hosted by nearby businesses or Home Owner Associated (HOA) and real estate groups.
How do you write a landscape proposal?
Typically, a landscape proposal includes, but is not limited to the following components:
- A cover letter
- Information about the landscape bid
- A visual representation of the project
- Information about the services being provided
- A landscaping contract