TERMS AND CONDITIONS
Term
This Lawn Care Service Agreement (“Agreement”), executed as of the date specified on the Customer’s signup form, is made and entered into by and between the Customer (“Customer”) and Areté Home Services LLC (“Contractor”). The term of this Agreement shall be twelve (12) months, commencing on the date of execution, and shall automatically renew for additional twelve (12)-month periods unless and until the Customer provides the Contractor with written notice of termination. The property subject to this Agreement shall be as described in the signup form. Any modifications to the standard twelve (12)-month term must be expressly documented in writing and mutually agreed upon by both parties. In the absence of such documentation, all service plans shall conform to the twelve (12)-month term with automatic renewal.
Scope
The Contractor hereby agrees to provide lawn care services in accordance with the specific terms and conditions outlined in the Customer’s selected service plan. The available service plans are described as follows:
- Maintenance Plan
The Maintenance Plan shall include standard lawn care services such as mowing, edging, blowing, and targeted weed control spraying in non-grass areas. These services shall be rendered on either a weekly or biweekly basis, as indicated in the attached service schedule. During the winter months of November, December, and February, service visits shall occur once per month. Ancillary services, such as hedge trimming, may be performed upon request by the Customer, subject to additional charges at the Contractor’s discretion. - Premium Plan (Spray Plan Option 1)
The Premium Plan shall encompass seven (7) service visits annually, scheduled approximately every six (6) weeks. This plan shall include specialized lawn treatments such as fertilization, weed control, and other spray-based applications necessary to enhance and maintain the health and appearance of the Customer’s lawn. - Select Plan (Spray Plan Option 2)
The Select Plan shall include all services provided under the Premium Plan, with the addition of aeration and overseeding services to further promote lawn vitality and growth.
Customers may elect to enroll in the Maintenance Plan, one of the Spray Plans, or both the Maintenance Plan and a Spray Plan. Requests for services beyond the scope of the selected plan(s) must be submitted in writing and are subject to the Contractor’s prior approval. Such additional services may incur supplemental charges, which shall be determined at the Contractor’s sole discretion.
Requests for services falling within the scope of the selected plan(s) must be completed within the term of the Agreement; however, the Contractor shall not be obligated to perform such services during the next immediate scheduled visit and retains sole discretion over scheduling such requests within the contractual term.
The Contractor shall not be required to perform trimming of shrubs or trees that exceed ten (10) feet in height, and such work is expressly excluded from the scope of all service plans.
Deficiencies in services that are reported by the Customer will be addressed during future scheduled visits, provided such deficiencies are communicated in a timely manner. The Contractor’s failure to remedy a deficiency at the next immediate visit shall not constitute a breach of this Agreement.
Customer Requirements
The Customer is required to ensure that the property is accessible for lawn care services between the hours of 8:00 AM and 5:00 PM, Monday through Friday. Should the Contractor encounter locked gates or other physical barriers that prevent access to the property, such circumstances shall be considered a failure on the part of the Customer to provide access. To avoid such a determination, the Customer must furnish the Contractor with the necessary means of entry, including but not limited to a combination lock code or other access instructions.
Frequency
- Maintenance Plan: Services under the Maintenance Plan shall be rendered on either a weekly or biweekly schedule from March through October. During the winter months of November, December, and February, services shall occur once per month, with typically no visits in January, subject to favorable weather conditions.
- Premium Plan: Services under the Premium Plan shall be conducted every six (6) weeks, amounting to a total of seven (7) visits per year.
- Select Plan: The Select Plan shall adhere to the service schedule of the Premium Plan, with the inclusion of additional aeration and overseeding services during the appropriate season.
In the event that inclement weather or other unforeseen circumstances necessitate the postponement of a scheduled visit, the Contractor reserves the right to reschedule such services at their discretion. The rescheduling of services shall not entitle the Customer to any refund or reimbursement.
Visit Acknowledgement
The Customer hereby acknowledges and agrees that the Contractor shall have the right to verify the completion of services through the use of dispatching software, which records the time and location of each visit. Furthermore, the Customer agrees to accept that all scheduled visits are presumed completed unless the Customer provides substantial and credible evidence to the contrary.
Deficiencies
The Contractor agrees to address any noted deficiencies in service during subsequent scheduled visits. Dissatisfaction with services does not constitute grounds for contract termination unless the Customer pays the required two-month cancellation fee.
Modification or Amendment
This Agreement embodies the full and complete understanding between the Customer and the Contractor, and supersedes all prior agreements, negotiations, and representations, whether oral or written. Any amendments, modifications, or alterations to this Agreement shall be valid and enforceable only if reduced to writing and duly executed by authorized representatives of both parties.
Force Majeure
In the event of an act of God, natural disaster, government order, or other force majeure event beyond the reasonable control of either party that renders performance under this Agreement impossible or impractical, the Contractor shall be excused from fulfilling its obligations to the extent affected by such events. The Customer, however, remains obligated to fulfill payment obligations as outlined herein unless otherwise mutually agreed upon in a written and signed amendment to this Agreement by both parties.
Termination
The Contractor may terminate this Agreement at any time.
- The Customer may terminate this Agreement upon payment of a two-month cancellation fee. If termination occurs after services have been rendered in the current month, the Customer must pay for the current month’s services in addition to the cancellation fee.
- Failure to pay the cancellation fee shall result in the full amount of the twelve (12)-month contract term becoming immediately due.
Pricing
The Customer agrees to pay the monthly service rate, inclusive of applicable local sales taxes, as detailed in the signup form. Pricing may be adjusted annually to account for inflation or to correct underpricing resulting from misquoted property specifications. Upfront payments for the year shall not be refunded unless permitted at the sole discretion of the Contractor.
Applicable Law
A $50 fee shall be assessed for any collection efforts that result in legal action. In the event of litigation, the Customer agrees to comply with all debtor examination requirements to aid in the enforcement of payment obligations. The Contractor may pursue additional remedies as permitted by law.
By executing this Agreement, the Customer affirms that they have thoroughly reviewed, comprehended, and agreed to all terms and conditions set forth herein, and acknowledge their legal obligation to adhere to its provisions.