Thrive Lawn Solutions Inc. Service Agreement
In this Contract, the party who is contracting to receive the services shall be referred to as "The Client", and the party who will be providing the services shall be referred to as "Thrive Lawns". Thrive Lawn Solutions Inc. is a Colorado Corporation, of P.O. Box 6419 Longmont, Colorado 80501
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and agreements contained herein, The Client hires Thrive Lawns, and Thrive Lawns agrees to provide Lawn Service to The Client at the agreed upon location under the terms and conditions hereby agreed upon by the parties.
1. DESCRIPTION OF SERVICES: Thrive Lawns will provide Lawn treatments to The Client in eight treatments per year. Thrive Lawns will perform the treatments included in the “Cultivate Program” in consecutive order monthly for the duration of the contract terms.
2. NOTICE OF ANY BREACH/DEFECT & CURE: Should The Client believe Thrive Lawns is in breach or has any defect or deficiency in performance, The Client will give written notice to Thrive Lawns who will then have thirty days to cure or remedy any such breach, defect or deficiency. Notice must be provided within thirty days of the first day The Client first became aware of the breach, defect or deficiency or it is waived. Time is of the essence and all notice required herein is material and a condition precedent to any further act or performance of Thrive Lawns.
3. CONTRACT TERMS AND CANCELLATION POLICY: The Client is bound by the terms of this agreement for one full calendar year from the date of signing this agreement. Any contracts signed mid-season will stay effective until the same month in the next year (I.E. May 1st 2019 to April 30th 2020). Should the Client decide to discontinue service with the agreement still in effect, the remaining payments left on the account will stay in effect on the original payment schedule or the client may pay a one-time cancellation fee of 50% of the value of remaining treatments. Contracts will automatically renew after the first year of service unless The Client delivers verbal or written notice to terminate service. After the end of the service agreement, service may be terminated any time but not within 24 hours of a scheduled treatment. Any Client choosing to prepay for the entire season waives their right to a refund if service is cancelled. Thrive Lawns reserves the right to cancel this contract at any time, for any reason. Written notice will be given for cancellation by Thrive Lawns and will be effective immediately.
4. PAYMENT TERMS: The Client will pay compensation to Thrive Lawns for lawn treatments according to the payment schedule chosen by The Client in the signup process. Thrive Lawns will be authorized to keep The Client’s credit card on file and take payment for service after the lawn treatment is performed unless prepayment was arranged during signup. Credit cards will be charged the next business day after service. For the 12 month payment plan, monthly payments owed during the off season will be taken on or after the first business day of the month during the months when service is not being performed.
5. RELATIONSHIP OF PARTIES: It is understood by the parties that Thrive Lawns is an independent contractor with respect to The Client, and not an employee of The Client. The Client will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefit, for the benefit of Thrive Lawns.
6. INJURIES: Thrive Lawns acknowledges Thrive Lawns’ obligation to obtain appropriate insurance coverage for the benefit of Thrive Lawns (and Thrive Lawns’ employees, if any). Thrive Lawns waives any rights to recovery from The Client for any injuries that Thrive Lawns (and/or Thrive Lawns’ employees) may sustain while performing services under this Contract and that are a result of the sole negligence of Thrive Lawns or Thrive Lawns’ employees.
7. INDEMNIFICATION: The Client agrees to indemnify and hold harmless Thrive Lawns from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against The Client that result from the acts or omissions of The Client or any agents, representatives, associates, other contractors or employees that would have access to the Client’s location.
8. ENTIRE AGREEMENT: This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other contract whether oral or written.
9. SEVERABILITY: If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall 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 shall be deemed to be written, construed, and enforced as so limited.
10. APPLICABLE LAW: This Contract shall be governed by the laws of the State of Colorado.
11. ATTORNEY FEES, COSTS & INTEREST: Should The Client not pay Thrive Lawns any sum of money due and owing from The Client then Thrive Lawns shall be awarded and paid all of its attorney fees and costs related in any way to collection from The Client plus interest at 2% per month compounded per annum.
SERVICE PROVIDER: Thrive Lawns Lawn Care Services, LLC (a Colorado Corporation)
