Terms & Conditions
We appreciate your support of our locally owned business for another season. By automatically renewing, you continue to accept our listed below terms and conditions for the landscape maintenance season of 2024. **These terms have not changed since autumn of 2022.*
Terms and Conditions: (please read all terms and conditions)
Nathan’s Lawn Care, LLC (hereafter ‘Nathan’s) agrees to provide the services shown in the attached Proposal for the Customer(s) named on the Proposal (hereafter ‘Customer’) subject to the following Terms and Conditions which are hereby incorporated into this Agreement.
Changes: All Changes to this Agreement must be in writing. Such writings may include emails or text messages from persons authorized to make changes to this agreement. Changes which expand the scope of the project may incur additional costs.
Timing: Contractor will perform all services in a timely manner. However, factor outside of their control including but not limited to weather, employee and employment matters, acts of vandalism, theft, or Acts of God, may affect the scheduling of service. Services will be performed as close as reasonably possible to the timeframe laid out above. Absent a timeframe in the explanation, services will be carried out at the discretion of the Contractor.
Fuel Surcharges: Customer acknowledges that Contractor may charge a 3% fuel surcharge anytime gasoline or diesel prices exceed $4.00 per gallon. Fuel surcharges will be added to Customer invoices when charged.
Estimates: Prices shown on the Proposal are based upon grass length being less than 6 inches. In the event grass is 6 inches or more in length, Customer agrees to pay two times the Proposal amount due to the extra time and effort required to maintain long grass.
Trip Charges and Return Trips. Customer agrees to allow Nathan’s to use discretion regarding the health of the Customer’s lawn when and how services are provided. If Customer clears their own snow or mows their own grass prior to the arrival of Nathan’s, Customer will still be charged the standard service fee for their property, regardless of whether Nathan’s had to actually perform services. Customer may elect to skip, without charge, up to one mowing per season, provided that the Customer notify Nathan’s at least 3 days ahead of their regular mowing date. In the event Nathan’s arrives to a property and is unable to access a property due to a locked gate, the Customer will be charged the cost of one mowing.
Payment: Customer agrees to pay Nathan’s Lawn Care, LLC the agreed upon amount per month for the services selected in this agreement, plus any additional costs for parts, materials, time, etc. as selected.
Invoices: Invoices will be sent to the Customer on a monthly basis which must be paid upon receipt, but in no case later than 30 days after billing date. If the Customer elects to pay by credit card and maintain a credit card on file, Nathan’s is authorized to charge the credit card upon each completion of service for the Customer.
Late Payment: Any outstanding balances not paid according to the terms of this Agreement are subject to a service fee of 1.5% a month, or the maximum allowable by law until paid in full.
Collection Costs: Contractor is entitled to use all legal means necessary to recover unpaid balances. Additionally, Contractor shall be entitled to recover all costs incurred in the collections process including but not limited to charges, expenses, court costs and reasonable attorneys’ fees.
Payment Delay: If for any reason, Contractor does not receive payment within 7 calendar days of due date, Contractor may suspend services and stop work. Nothing in this paragraph shall limit any other legal remedies available to Contractor for enforcement of this Agreement.
Down Payments: Service Agreements with a total value of $1000 or greater require a down payment of 50% of the Proposal total. The remainder, plus any additional charges for changes is due upon substantial completion of the work and in no event later than the due date shown on the Customer’s invoice.
Returned Checks: All returned checks are subject to a $35.00 Returned Payment Fee in addition to any fees charged to Nathan’s by their financial institution.
Renewal: This agreement will automatically renew each year for another term, for convenience. A reminder notification and changes to any pricing will be emailed or mailed to the Customer at least 45 days ahead of the renewal date.
Sales Tax: Sales tax will be added to all applicable services.
Utilities and other underground items: Nathan’s will have any public utilities marked for projects that will involve digging. Customer is responsible for marking, and notifying Nathan’s of any private utilities, including but not limited to invisible pet fencing, irrigation systems and privately run electrical, gas, or water lines. Nathan’s is not responsible for damage to improperly marked or unmarked lines. Further, Nathan’s is not responsible for repair or resolution of utility issues associated with improperly buried cables, lines, or utilities. Customer agrees to indemnify, defend, and hold harmless Nathan’s for any damage that may be caused by improper marking or failure to mark such items
Insurance: Contractor shall maintain insurance coverage as follows:
Worker’s Compensation Insurance on all employees.
Commercial Automobile Liability Insurance on all Contractors vehicles which will perform work on Customer properties.
Commercial General Liability Insurance.
Indemnification: Customer agrees to indemnify, defend, and hold Contractor and its respective officers, agents, and employees harmless against all loss, damage, expense, and liability resulting from or relating to the Services provided. This includes injury to or death of persons, including but not limited to employees, residents, invitees, licensees, and visitors to Customer’s property. Customer shall further indemnify Contractor for injury and damage to property caused by the negligence or wrongful acts of the Customer, Customer’s employees, or visitors., Each of the foregoing indemnities, shall include the right of the Contractor to recover reasonable attorneys’ fees in connection with any action to enforce the rights of the respective parties hereunder.
Limitation of Liability: Nathan’s will exercise reasonable care to avoid damage to pavement, curbs, trees and shrubs. However, Nathan’s is not responsible for any: a) damage to landscaping caused by the piling of snow or the spreading of the chemicals described in this agreement; b) damage to items that are snow-covered or not visible; c) damage caused by equipment when tree, shrub and sidewalk areas are not reasonably delineated due to snow accumulation; d) personal injuries resulting from slip and fall accidents; e) damage to any part of the property due to mower discharge, wheels, blades, or exhaust, etc. f) damage to buildings, structures, siding, foam, wood posts, air conditioners, plastic fences, trees, downspouts, or other areas which do not have a maintenance border of rock or borders, g) damage to newly installed sod or seed lawns, and/or h) Acts of God, including but not limited to extraordinary weather conditions. Nathan’s Lawn Care LLC accepts no liability for slips, trips, and falls.
Subcontractors: Contractor shall have the right to subcontract some of the services provided on an as needed basis according to the Contractor’s needs. Subcontractors will carry all listed insurance required by this Agreement.
Promotional Use: Customer grants the right to take pictures, make video, and other written & visual accounts of work done by Contractor for the promotional purposes of the Contractor including advertising and social media promotion of the Contractor’s services.
Termination: Either Party may terminate this agreement by giving the other party 30 days written notice. Unless requested by the Customer, Contractor will continue providing services during the 30 day notice period, unless contractor feels threatened or harassed. Customer agrees to pay for all services received through the 30 day notice period. Regardless of termination, Customer agrees to pay for any custom-ordered materials or supplies for the work at their property.
Children and Pets. Customer agrees to keep all children and pets inside the residence for the duration of all services. Some services such as fertilization and weed control may require children and pets remain off of the lawn surfaces for longer periods of time. Customer agrees to hold Nathan’s harmless for failure to keep children and pets inside and away from service areas. If Pest or grub control services are selected, one application of pest control or grub control treatment will be used in the spring of each year, with exact timing being at the discretion of Nathan’s. This treatment assists with the control and removal of white grub worms, Japanese beetles, June bugs, and voles. It is frequently successful in removing these pests, but there are no guarantees of complete success, so no refunds are available, even if complete and total pest removal is not achieved. This service requires children and pets remain off of the lawn surfaces for longer periods of time and signs will be posted notifying residents of the treatment, and the dates that the area may not be used. Customer agrees to hold Nathan’s harmless for failure to keep children and pets inside and away from service areas.
Severability: Should any part of this Agreement be deemed unlawful by a court of competent jurisdiction, the remainder of the Agreement will remain in complete effect to the maximum extent allowed under the law.
Choice of Law: This agreement will be governed by the laws of Minnesota. The parties agree to make a good faith effort to resolve any disputes which arise from this agreement through direct contact, in an informal manner. Should informal efforts be unsuccessful, the Parties agree to resolve any matters in dispute with a value less than $15,000.00, using Conciliation court in the Washington County, Minnesota. For disputes with a value greater than $15,000.00 the parties may use any legal remedies available to them under Minnesota law in Washington County court.
Merger: This Agreement and attachments constitutes the entire agreement between the parties, all prior negotiations and commitments being merged herein. No waiver or modifications may be made except those made in writing.
Acceptance of Proposal: Contractor hereby agrees to furnish materials and labor for the services selected by Customer. By auto-renewing for another season, Customer agrees that the above and attached specifications are satisfactory and you further authorize that Contractor may begin providing service according to this Agreement and the Customer will pay the agreed upon price.
Nathan’s Lawn Care, LLC