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The Client hereby engages the Contractor (Native Outdoor Care) to perform lawn care services at the above-mentioned address according to the scope of the work detailed and priced on the lawn care package which is attached hereto and forms part of this Lawn Care Service Agreement.

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Any additional work required by the Client or proposed by the Contractor which is not specified on the Lawn Care Package shall be quoted for separately and when completed added to the invoice. Invoices shall be issued at the time of service. The Contractor reserves the right to suspend services if payments are not made on time.

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Obligations of the Contractor:

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The Contractor shall provide all labor, equipment, and supplies required to perform the services and undertakes to properly maintain all equipment so that work is performed timeously and to a professional standard. The Contractor shall carry insurance and have valid licenses as may be required by law to perform the services outlined in this agreement. If services cannot be carried out by the Contractor on any specified day, such service shall be rescheduled as soon as possible by mutual agreement.

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Obligations of the Client

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The Client need not be present during service calls and hereby grants permission to the Contractor and shall facilitate entry to access the property on schedule, or otherwise agreed upon, service days during the local hours of 7:30 am-7 pm. The Client shall be responsible for the removal of any objects e.g., toys, furniture, pet waste, rubbish, etc. that will hinder the Contractor in performing under this agreement. The Client shall keep all pets secured inside a building or fenced area and shall keep people away from the contractor's area of work for the safety of all parties concerned whilst the contractor is performing services. In addition, the contractor is not responsible for pets getting out of the yard during service times or after the contractor has left. The Client shall notify the Contractor in writing of any plants that are particularly rare or are a collector's item and their approximate replacement costs. The contractor reserves the right not to perform any services near such plants. The client shall be responsible for the day-to-day care of the lawn as recommended by the contractor and which is not part of the services outlined in this agreement. All pet waste will be removed by the Client prior to the arrival of the Contractor. If pet waste is still present, the contractor will pick up the pet waste for a fee of $35

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Payment

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Invoices should be paid upon receipt if the automatic payment is not chosen. Any accounts past due by 2 weeks or more will be subject to skipped services until the balance on the account is current. 

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Liability

 

The Contractor shall not be held liable for damage to items on or below the lawn surface which are not clearly visible or marked such as cables, wires, invisible pet fence, pipes, or sprinkler components. The Contractor shall be liable for damage caused to plants if such damage was caused by willful negligence or improper operation of equipment. Liability shall be limited to the replacement of the plant by the contractor. The Client shall not be liable for any damage to the Contractor's equipment, or any injury or illness sustained by the Contractor and his/her employees or sub-contractors or a 3rd party in the performance of this service, and the client shall be indemnified against all claims arising from such damage or injury or illness. The Contractor shall not be liable for the poor health or lack of performance of turf or plants beyond the scope of the service(s) contracted for, or in any event where the Client does not provide appropriate or proper care for turf or plants. The Contractor shall be liable for any damage to the lawn or plants due to the incorrect application or choice of pesticides, herbicides, or fertilizers. Liability shall be limited to the replacement of the plant(s) by the contractor.

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Weather

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We do our best to adhere to the scheduled time, but we must work with the weather. Should our area receive rain/snow we will make our best judgment to continue your service or delay your service depending on the amount and severity of the rain/ snow. We try to ensure ample time for the ground to dry so our equipment does not damage your yard. If we are delayed by rain the following week we will return to your regular mowing day. Due to the layout of the Foothills and Rocky Mountain packages, payment must be received every week, regardless if service is skipped due to weather.  

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Whole Agreement

 

This Lawn Care Agreement and Lawn Care Package (attached) constitute the sole and entire agreement between the parties regarding the subject matter hereof and the parties waive the right to rely on any alleged expressed or implied provision not contained therein. Either party may terminate this Agreement in its entirety or amend the services detailed on the Lawn Care Schedule provided such termination or amendment is made in writing and submitted to the other party 14 days prior to taking effect.

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Assignment

 

No party may assign any of its rights or delegate or assign any of its obligations in terms of this Lawn Care Agreement without the prior written consent of the other party

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Governing Law

 

This Contract and Agreement shall be construed, interpreted, and governed in accordance with the laws of the State of Colorado, and should any provision of this Agreement be judged by an appropriate court as invalid, it shall not affect any of the remaining provisions whatsoever.