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This Landscaping Contract is an agreement made between a landscaper and a client in respect to landscaping services to be provided for a specific location, such as a residence, office building, or commercial building. The contract provides the material terms of the agreement, the work to be performed, and payment provisions as well insurance provisions. This customizable form should be used by contractors or clients when entering into an agreement for landscaping services.
Landscaping Contract This Landscaping Contract is an agreement made between a landscaper and a client in respect to landscaping services to be provided for a specific location, such as a residence, office building, or commercial building. The contract provides the material terms of the agreement, the work to be performed, and payment provisions as well insurance provisions. This customizable form should be used by contractors or clients when entering into an agreement for landscaping services. LANDSCAPING CONTRACT THIS LANDSCAPING CONTRACT (the “Contract”), is made on ___[Date]___, by and between ___[Contractor Name]___ (“Contractor”) located at ___[Address]__, __________, __________ __________ and __[Client Name]__ (“Client”), located at __[Address]__, __________ __________ __________ hereinafter referred to as (the “Parties”). WHEREAS, Contractor provides landscaping services; AND WHEREAS, Client desires to obtain the landscaping services of Contractor pursuant to the terms and conditions herein. NOW THEREFORE, in consideration of the promises and other good and valuable consideration set forth, the Parties agree as follows: I. SERVICES A. Contractor and Client hereby agree that Contractor shall provide landscaping services to Client for the locations at the following addresses (the “Premises”): 1. [Enter address of location where services will be provided] 2. [If more than one location, include additional addresses here] B. Contractor shall provide the following services to the Client (the “Services”): [Enter a detailed description of the specific landscaping services to be provided] ______________________________________________________________________________ ______________________________________________________________________________ C. Contractor shall furnish the Services on a [weekly/bi-weekly/monthly/one-time] basis. II. TERM A. The term shall commence on __[Enter date services will commence]__ (the “Commencement Date”) and shall continue for a period of __[Length of Time]__ (the “Term”). B. Client may request to extend the Term (“Extension Term”) by providing written notice to Contractor no less than __[# of Days]__ days prior to the expiration of the Term. The request shall include the length of the extension and any modifications to the terms and conditions contained herein. Contractor shall have __[# of Days]__ days to accept Client’s request. III. CONTRACTOR RESPONSIBILITIES A. Contractor hereby agrees as follows: © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 2 1. Contractor shall commence the Services contemplated herein on the Commencement Date and shall perform all of the Services diligently and using its best efforts to conform to local standards and practice. 2. Contractor shall provide Client a mutually agreed upon work schedule for the Services to be performed. 3. Contractor shall at all times keep employed an adequate number of staff to perform the Services contemplated herein. IV. CLIENT RESPONSIBILITIES A. Client hereby agrees as follows: 1. Client shall grant Contractor access to the Premises at the mutually agreed upon times for performance of the Services. 2. Client shall ensure that all pets are secured as to pose no threat to Contractor or Contractor’s staff, employees or sub-contractors. 3. Client shall keep the lawn free of pet droppings when Contractor is scheduled to perform the Services, or Client may be charged a clean-up fee of __[$ Amount]__ per visit. V. FEES A. Client shall pay Contractor the sum of __[$ Amount]__ per [hour/day/week/month] (the “Fees”) for the Services to be performed. B. All Fees are due and payable within __[# of Days]__ days of Client’s receipt of Contractor’s invoice. All invoices will include a detailed description of the Services performed for which payment is being requested. VI. MODIFICATIONS TO CONTRACT The Parties agree that either Party shall have the right to modify this Contract upon ____[# of Days]___ days written notice to the other Party. Any modifications must be in writing and signed by both Parties. VII. CONTRACTOR’S EMPLOYEES A. Contractor shall use its own staff, employees and sub-contractors in respect to the Services to be performed. B. The Parties acknowledge that the relationship between Client and Contractor is that of an independent contractor and Contractor alone has exclusive control and supervision of its staff, © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 3 employees and sub-contractors. Nothing herein shall be construed to mean that Contractor or any of its staff, employees or sub-contractors are agents, employees or representatives of Client. C. Contractor shall at all times ensure that industry accepted safety standards and practices are followed while performing the Services. Contractor shall at all times comply with all ordinances, regulations, and other legal requirements and obligations of the applicable jurisdiction while performing the Services. VIII. EQUIPMENT AND SUPPLIES A. Client shall provide for Contractor the following supplies and equipment for performance of the Services, which shall include: _[List supplies/equipment to be provided by Client]__. B. Contractor shall supply the following equipment, tools and supplies for performance of the Services, which shall include: _[List supplies/equipment to be provided by Contractor]__. IX. INSURANCE Contractor shall at all times maintain liability insurance coverage to cover any claims for injuries to person or damages to property which may arise in connection with the performance of the Services by Contractor, its staff, employees and sub-contractors. The policy shall be in an amount of not less than __[$ Amount]__. Contractor shall also provide worker’s compensation insurance for its staff, employees and sub-contractors in compliance with state requirements. Client may at any time request that Contractor provide proof of liability and worker’s compensation insurance and any other certificates or documents reflecting that Contractor is in full compliance with all legal requirements and obligations for companies providing cleaning services. X. NON-EXCLUSIVITY The Parties acknowledge that the Services to be performed hereunder are non-exclusive and that Client shall have the right to contract with a third party for the same or similar services for which Contractor is engaged, and similarly Contractor is free to enter into contracts to perform the same or similar services for third parties. XI. EVENTS OF DEFAULT In the event of non-performance by either Party of any of its obligations contained herein, the non-defaulting Party shall serve the defaulting Party with written notice of the alleged breach. The defaulting Party shall have __[# of Days]__ days from the date of such notice to cure and rectify any non-performance or non-compliance. Upon the correction of any non- performance or non-compliance by the defaulting Party, the Contract shall continue for the duration of the Term or Extension Term. In the event that the defaulting Party fails to correct any non-performance or non-compliance issue within the time frame set out above, the non- defaulting Party may terminate this Contract immediately and without further notice. © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 4 XII. INDEMNIFICATION A. Contractor shall indemnify and hold Client, its subsidiaries, officers, directors, employees and agents harmless from and against any loss, liability, damage, including but not limited to, any reasonable attorney fees and court costs which may arise out of or in connection with the Services performed hereunder, save and except for the gross negligence and wilful misconduct of Client, its subsidiaries, officers, directors, employees and agents. B. Contactor shall at all times be solely responsible and liable for any damages caused by its staff, employees or sub-contractors to any of the Client’s equipment, property or fixtures and shall make all repairs and/or replacements for any such damage without cost to Client. XIII. GENERAL PROVISIONS A. Neither Party may assign any obligations hereunder to any third party without the prior written consent of the other Party. B. This Contract and the work schedules referred to herein constitute the entire agreement between the Parties and supersede all prior agreements, representations, warranties, statements, promises, information, arrangements and understandings, whether oral or written, express or implied, with respect to the subject matter hereof. C. This Contract may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which taken together shall be deemed to constitute one and the same instrument. This Contract may be executed and delivered by electronic facsimile transmission with the same force and effect as if it were executed and delivered by the Parties simultaneously in the presence of one another. D. Any notices to be delivered pursuant to this Contract shall be delivered to: in the case of Client to: _[Client Address]_ __________, __________ __________ Attention: _[Name of Contact Person]_ Email: __________ Fax: __________ in the case of Contractor to: _[Client Address]_ __________, __________ __________ Attention: _[Name of Contact Person]_ Email: __________ Fax: __________ © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 5 and, in each case, mailed by ordinary mail, postage prepaid, or delivered to that address; and, if mailed as aforesaid, any such notice shall have been deemed to have been given on the fifth (5th) business day following that on which the letter containing the notice was posted. If any notice is given by electronic communication, such notice shall be deemed to be delivered on the day of transmittal thereof if given during normal business hours of the recipient and on the next business day if given after normal business hours. Any party may change its address for service from time to time by notice given in accordance with the foregoing. E. In the event a court of competent jurisdiction finds any provision of this Contract invalid or unenforceable, the remaining terms shall remain in full force and effect. F. This Contract shall be governed in accordance with the laws of the State of __[Enter name of State]__. The parties hereby irrevocably submit to the jurisdiction of the courts of the State of __[Enter name of State]__ located in __[Enter name of County]__ County. In any suit or arbitration regarding the Contract, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. IN WITNESS WHEREOF the parties hereto have duly executed this Contract as of __[Enter date this contract will be signed]__. CLIENT: __[Client Name]__ Name: __[Client Signatory]__ Title: __[Job Title of Signatory]__ CONTRACTOR: __[Contractor Name]__ Name: __[Contractor Signatory]__ Title: __[Job Title of Signatory]__ © Copyright 2014 Docstoc Inc. registered document proprietary, copy not 6
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