Terms:
- Indicate your acceptance of the above estimate and the following terms (collectively, the “Agreement”) by signing below. By signing below, you are entering into a legally-binding agreement between you and “Jamison Lawn Care LLC” (“JLC,” “we” or “us”).
- If there are any mowing schedule delays, we send an e-mail to notify you.
- Service auto-renews every year.
You may cancel at any time, however you are required to notify us within 3 weeks that you are canceling services. If we do not get notified within 3 weeks, you will be responsible for payment. No credit to be refunded.
- If for any reason there are any credits on the account, it would be assessed at the end of the year and applied the following year.
- Only in the event of drought and non growing conditions, you may skip a service. You are required to notify us within 72 hours to skip a service.
- Please note we do not offer bi-weekly service.
- For first services or new clients – If your lawn is overgrown, you will be billed an additional fee.
- All lawns are mowed at the proper height for the health of your turf. However, if you request your lawn to be mowed extra short – You will be billed an additional fee (due to the extra time it takes to cut and blow the clumps out. We do not recommend doing this, but we can accommodate your request.
- All items must be removed from the lawn during your service such as: Toys, hoses, lawn chairs, etc. We are not responsible for damage to items left in the lawn.
- We are not responsible for moving trampolines or playhouses, please arrange to have this moved prior to service.
- You are responsible for removing pet waste from your yard prior to our arrival.
- Credit card on file is required. If your invoice is past due, JLC reserves the right to bill your card on file.
- Prices are subject to change at anytime.
- JLC reserves the right to refuse to begin performance of, or to suspend, its services if payment is not received by the agreed payment term in accordance with this Agreement. Any un-processable, returned or bounced payments made to JLC will be subjected to a $75 fee per each un-processable, returned or bounced check or payment. Invoices unpaid after 30 days will be subject to a late fee of $75 or 1.5% of the total value of this Agreement, whichever is greater. Additional late fees, determined in accordance with the preceding sentence, will accrue every 30 calendar days. If JLC incurs any costs, expenses, or fees, including court costs, reasonable attorney’s fees and/or professional collection services fees, in connection with the collection or payment of any amounts due it under this Agreement, you agree to reimburse JLC for all such costs, expenses and fees.
- You acknowledge and agree that any estimate or design provided to you in connection with this Agreement, as well as the terms and conditions of this Agreement, are the proprietary and confidential information of JLC. You will not at any time or in any manner, either directly or indirectly, use, divulge, disclose, or communicate such information. This provision shall be effective upon JLC providing you with an estimate or design, regardless of whether you sign this Agreement, and shall continue to be effective after the expiration or termination of this Agreement or completion of the services.
- You shall indemnify and hold harmless JLC and its officers, members, managers, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including
attorneys’ fees and disbursements, arising from or relating to: (a) bodily injury, death of any person, or damage to real or personal property resulting from your acts or omissions; or (b) any breach by you of your obligations hereunder. - JLC warrants that it shall perform the services described herein in a timely, workmanlike, and professional manner in accordance with generally recognized industry standards for similar services. JLC (a) MAKES NO WARRANTIES EXCEPT FOR THAT SET OUT ABOVE; AND (b) DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JLC’s sole and exclusive liability and your sole and exclusive remedy for breach of the limited warranty set out in this Section shall be reperformance of the affected services.
IN NO EVENT SHALL JLC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT JLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL JLC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID TO JLC PURSUANT TO THIS AGREEMENT.
- This Agreement and all matters arising out of or relating to this Agreement are governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any conflict of laws provisions thereof that would result in the application of the laws of a different jurisdiction. The parties hereby agree that any action arising out of this Agreement will be brought solely in any state or federal court located in Bucks county, Pennsylvania. Both parties hereby submit to the exclusive jurisdiction and venue of any such court.
- This Agreement contains the entire understanding of the parties with respect to the subject matter hereof, and supersedes all prior and contemporaneous written or oral understandings, agreements, representations, and warranties with respect to such subject matter. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction. The parties may not amend this Agreement except by written instrument signed by the parties.
- JLC shall not be liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its reasonable control, including civil commotion, war, fires, floods, accident, earthquakes, inclement weather, telecommunications line failures, electrical outages, network failures, governmental regulations or controls, casualty, strikes or labor disputes, terrorism, acts of God, public health crisis (including declaration of a pandemic or epidemic by the World Health Organization, declaration of a state of emergency due to widespread illness, or a mandatory or recommended quarantine by federal, state or local government or government agency) or other similar or different occurrences beyond the reasonable control of JLC (each, a “Force Majeure Event”), for so long as such Force Majeure Event is in effect. JLC shall use reasonable efforts to notify you of the occurrence of a Force Majeure Event within five business days of its occurrence. In the event that a Force Majeure Event occurs and remains in effect for a period of more than twelve (12) months, JLC’s responsibility and liability is limited to the return of all payments received under this Agreement