1. Parties:
This agreement is entered into by and between the above client and Monarch Maintenance, LLC
2. Scope of Work:
Monarch Maintenance shall perform landscape enhancement services as described in the attached Estimate/Proposal (hereinafter referred to as “Project”). Services may include, but are not limited to:
● Sod installation ● Mulch/rock installation ● Flower bed creation or redesign ● Shrub/tree planting or removal ● Landscape grading ● Edging and border installation ● Drainage correction ● Seasonal color installations ● Soil amendment
Any services not listed in the written estimate are excluded from this agreement unless added via signed change order.
3. Project Schedule:
Monarch Maintenance will provide an estimated date but reserves the right to reschedule should any issue pop up and create a delay in our schedule.
4. Client Responsibilities:
The Client agrees to the following: ● Provide full access to the property on scheduled workdays. ● Ensure all irrigation systems, lighting wires, or underground utilities are clearly marked or disclosed prior to digging. ● Remove any pet waste, children’s toys, or obstructions from the work area prior to project start. ● Choose materials, plants, and/or mulch colors before installation begins. Once materials are ordered or delivered, no changes can be made without additional cost. ● Water new plantings, sod, and any installed material per instructions provided by Monarch Maintenance. Improper maintenance may void any warranty.
5. Materials and Color Selection:
Clients must approve all design elements and material choices prior to ordering. If the enhancement includes staining, refinishing, or colored elements (such as pavers, mulch, or deck stain): ● All selections are final once purchased. ● Monarch Maintenance is not responsible for dissatisfaction with color if the client approved the selection beforehand. ● Re-selection or changes after purchase will result in additional charges for materials, labor, and delays.
6. Payment Terms:
Deposit: A non-refundable deposit of 50% of the total project cost is due at least one day before project commencement. No work or material ordering will begin until the deposit is received.
● Final Balance: Due upon completion of services, unless otherwise stated in writing.
● Payments may be made via: Cash, Check, Credit/Debit Card
● Late Payments: A 10% late fee will be applied every 7 days past the due date. Accounts more than 30 days past due may be forwarded to collections and additional fees may apply. Recurring Late Payers: If a client does not keep a card on file and routinely pays late, Monarch Maintenance reserves the right to require a card on file or require the customer to prepay monthly for future work.
7. Warranty:
Monarch Maintenance does not offer any warranty on plants, sod, or other living materials. Due to the many variables beyond our control—including weather, soil conditions, irrigation, pests, and client maintenance practices—we cannot guarantee the survival, growth, or performance of any plant material after installation. By signing this agreement, the Client acknowledges and accepts the following:
● All plants, trees, shrubs, sod, and live materials are installed "as is" and carry no warranty, express or implied.
● Monarch Maintenance will install plant materials in a professional manner and provide general care instructions, but ongoing plant health is the sole responsibility of the Client.
● Replacement of dead or damaged plant material is available for an additional fee and will require a new agreement.
8. Property Conditions and Damages:
● Monarch Maintenance is not responsible for any damage to underground utilities not properly marked.
● Client is responsible for ensuring irrigation systems are winterized or in working order before installation.
● Monarch Maintenance will not be liable for incidental damage to lawns or property when operating heavy equipment unless due to gross negligence.
9. Termination:
Either party may terminate this agreement with written notice under the following terms:
● By Client: If the Client cancels the project after materials have been purchased, the Client forfeits the deposit and may be responsible for the cost of non-returnable goods and any work already performed.
● By Monarch Maintenance: If work is delayed due to client inaction, non-payment, or unsafe conditions, Monarch Maintenance reserves the right to stop work and cancel the agreement. 10. Limitation of Liability In no event shall Monarch Maintenance be liable for any indirect, incidental, consequential, or punitive damages. Liability is limited to the cost of the services rendered.
11. Photo Release:
Client grants Monarch Maintenance the right to photograph the completed project for use in advertising, marketing, and portfolio purposes. No personal information will be disclosed.
12. Entire Agreement:
This contract, together with the attached estimate/proposal, represents the entire agreement. No oral statements or modifications will be honored unless agreed to in writing by both parties.
