Term and Conditions

Commercial Services Agreement

Agreement Terms and Conditions

These Standard Terms and Conditions ("Terms") apply to all proposals, estimates, and services provided by K & R Landscaping LLC ("K & R") to any commercial client ("Client"). By accepting a proposal or estimate, authorizing work to begin, or making payment, Client agrees to be bound by these Terms. These Terms, together with the accepted proposal or estimate, constitute the entire agreement between the parties ("Agreement"). 

1.1 Scope of Services: K & R agrees to provide the specific landscape services as detailed in the attached Proposal. The Proposal, together with these terms and conditions, constitutes the entire agreement between the parties. 

1.2 Service Categories:

• Project Services: One-time installations, renovations, or enhancements with a defined scope and completion timeline 
• Maintenance Services: Recurring services performed at scheduled intervals 
• Enhancement Services: Supplemental services to existing maintenance agreements 

1.3 Service Specifications: Detailed specifications for all services are outlined in the attached Proposal and Service Schedule (if applicable). 

1.4 Changes to Services: Any modification to the services described in the Proposal must be documented through a written Change Order signed by both parties. Additional charges may apply based on changes to scope, materials, labor requirements, or site conditions. 

1.5 Site Preparation Details: Unless otherwise specified in the Proposal: 

• Removal of existing vegetation is included in installation projects 
• Removal and disposal of construction debris, rocks, or other materials discovered during installation will incur additional charges 
• K & R is responsible for debris removal and disposal of materials resulting from our work 
• Significant site preparation requirements will be outlined in the Proposal 

1.6 Material Disposal: Unless otherwise specified, K & R will remove and dispose of all plant material, debris, and waste generated from our services. Client-requested retention of materials must be specified before work commences. 

1.7 Material Specifications: Detailed specifications for all materials to be used in the project are provided in Addendum C or the Proposal. These specifications include: 

• Plant material grades, sizes, and quality standards 
• Soil type and amendment specifications 
• Mulch product details 
• Hardscape material specifications 
• Drainage and irrigation component detail

2.1 Initial Term: For maintenance services, the initial term shall be as specified in the Proposal. If no term is specified, the default term shall be one (1) year from the commencement date. 

2.2 Renewal: Maintenance agreements shall automatically renew for successive one-year terms unless either party provides written notice of non-renewal at least sixty (60) days prior to the end of the current term. 

2.3 Service Adjustments: K & R reserves the right to adjust service pricing upon renewal to account for increased costs of materials, labor, fuel, or other operational expenses. Any price adjustments will be communicated in writing at least thirty (30) days before renewal. 

3.1 Service Pricing: Pricing for all services is specified in the Proposal. 

3.2 Payment Terms - Project Services: 

• A 40% deposit is required before the project commencement 
• 30% due upon substantial completion (50% of project) 
• 30% due upon final completion 
• Projects exceeding $25,000 may have custom payment schedules as outlined in the Proposal 

3.3 Payment Terms - Maintenance Services: 

• Monthly, quarterly, or annual billing as specified in the Proposal 
• Payment due within 30 days of the invoice date 
• Annual prepayment discounts may apply as specified in the Proposal 

3.4 Enhancement Services: 

• Services under $2,500: Payment due upon completion 
• Services over $2,500: 50% deposit required before commencement, 50% due upon completion 

3.5 Late Payment: Payments not received within 30 days of the invoice date will incur a late fee of 1.5% per month (18% annually) on the outstanding balance. 

3.6 Payment Disputes: The client must notify K & R in writing within 10 days of receiving an invoice if there is a disputed charge. Undisputed portions of any invoice remain due according to the payment terms. 

3.7 Suspension of Services: K & R reserves the right to suspend services without penalty if payments are more than 45 days past due. Service will resume when the account is brought current. 

4.1 Project Timeline: K & R will make reasonable efforts to complete project services within the timeframe outlined in the Proposal. Delays due to weather, material availability, or other circumstances beyond K & R's control may extend completion dates. 

4.2 Weather Contingency Plans: In the event of inclement weather: 

• Services will be rescheduled to the next available appropriate day 
• K & R will notify the Client of significant delays exceeding 3 business days 
• For project services, the completion date will be extended by the duration of weather delays 
• No penalties will be incurred for weather-related delays 

4.3 Maintenance Schedule: For recurring maintenance services, K & R will establish a regular service schedule as outlined in the Service Schedule attached to the Proposal. 

4.4 Service Frequency: Maintenance service frequencies are based on seasonal needs and industry best practices. Service days may vary due to weather conditions or holidays. 

4.5 Access: The client will provide K & R with reasonable access to the property during scheduled service times. Failure to provide access may result in rescheduling and potential additional charges. 

4.6 Service Verification: For clients requiring service verification, K & R can provide digital documentation of services performed upon request. 

4.7 Digital Communication: K & R's preferred methods of communication are: 



• Email for written approvals, changes to scope, and formal notifications 
• Phone for immediate concerns or clarifications 
• Text messaging for day-of scheduling updates or simple communications 
• Client portal access (when available) for service history, invoices, and scheduling 

5.1 Workmanship Warranty: K & R warrants that all services will be performed in a professional manner according to industry standards. Any defects in workmanship will be remedied at no additional cost if reported within 30 days of service completion. 

5.2 Plant Warranty: 

• Perennials: 3-month limited warranty 
• Trees and Shrubs: 1-year limited warranty 
• Hardscape Installation: 1-year warranty on workmanship 

5.3 Warranty Conditions: Plant warranties are subject to: 

• Proper care according to the K & R Watering and Care Instructions (provided separately) 
• Normal weather conditions 
• Proper usage of the landscape 
• Continuous maintenance by K & R or adherence to documented care instructions 

5.4 Warranty Exclusions: 

• Damage from vehicles, vandalism, animals, pests, disease, or extreme weather events 
• Improper watering or maintenance by Client or third parties 
• Plants relocated or altered after installation 
• Normal plant decline due to seasonal changes 
• Damage from salinity or chemical applications not performed by K & R 

5.5 Warranty Claims: The client must notify K & R in writing within 7 days of noticing a warranty-related issue. K & R reserves the right to inspect the plant material before approving replacement. 

5.6 Replacement Terms: Warranty replacements will be scheduled during the next appropriate planting season. Replacement plants will be of similar size and species, or suitable alternatives if original plants are unavailable. 

5.7 Irrigation System Details: For irrigation systems installed by K & R:

• Components carry a manufacturer's warranty (typically 1-5 years depending on the component) 
• Installation workmanship is warranted for 1 year 
• Winterization and spring start-up services are available but not included unless specified 
• System adjustments and maintenance are not covered under the warranty 
• Proper winterization is required to maintain warranty coverage 

6.1 Property Information: The client shall provide accurate information regarding property boundaries, underground utilities, irrigation systems, and any other relevant site information. 

6.2 Site Preparation: Unless otherwise specified in the Proposal, the Client is responsible for ensuring the service area is reasonably clear of obstacles that may impede service delivery. 

6.3 Utility Marking: The client is responsible for marking or obtaining the marking of all underground utilities not typically covered by public utility location services. 

6.4 Communication: The client shall designate a primary contact person authorized to approve changes, respond to questions, and address service concerns. 

6.5 Irrigation Systems: Unless specifically included in the maintenance agreement, the Client is responsible for the operation, programming, and maintenance of irrigation systems. 

6.6 Property Changes: The client shall notify K & R of any significant changes to the property that may affect scheduled services. 

6.7 Permit Acquisition: Unless otherwise specified in the Proposal: 

• K & R will identify permits required for landscape work 
• The client is responsible for obtaining and paying for all required permits 
• Work requiring permits will not commence until permits are secured 
• K & R will comply with all permit requirements during installation 

6.8 Safety Protocols: The client is responsible for notifying K & R of any specific safety protocols or security requirements for the property. Client shall ensure that work areas are secured from unauthorized access during construction or installation projects. 

7.1 Project Cancellation:

• Cancellation before project commencement: 25% of the deposit retained for administrative costs and ordered materials 
• Cancellation after project commencement: The client is responsible for payment of all completed work, materials ordered, and reasonable demobilization costs 

7.2 Maintenance Service Termination: 

• Either party may terminate recurring services with 60 days written notice 
• Pre-paid services will be refunded on a pro-rated basis, less any materials, special orders, or seasonal services already performed 
• Early termination of an annual contract may result in reconciliation billing for seasonal services delivered at discounted rates 

7.3 Default: K & R may terminate services immediately if Client fails to make payments when due or materially breaches this Agreement. 

7.4 Breach Remediation: In the event of a material breach by either party, the non-breaching party shall provide written notice specifying the breach. The breaching party shall have 15 days to cure such breach before termination becomes effective. 

8.1 Insurance: K & R maintains general liability insurance, workers' compensation insurance, and vehicle liability insurance as required by law. Certificates of insurance will be provided upon request. 

8.2 Property Damage: K & R will make reasonable efforts to protect the Client's property. K & R is not responsible for damage to unmarked irrigation, utilities, or structures. K & R will, at its own cost, repair any property damage directly caused by its negligence.

8.3 Underground Obstructions: If unknown underground obstructions (large rocks, tree roots, construction debris, etc.) are discovered during work: 

• K & R will notify the Client promptly 
• Removal may require additional charges 
• Timeline adjustments may be necessary 
• Alternative solutions may be proposed if removal is impractical 
• Work may be paused pending Client approval of additional costs 

8.4 Limitation of Liability: K & R's total liability for any loss or damage shall not exceed the total amount paid for the services provided. K & R shall not be liable for indirect, special, incidental, or consequential damages. 

8.5 Third-Party Claims: Client agrees to defend, indemnify, and hold K & R harmless from any claims, damages, or losses arising from the actions of third parties or pre-existing conditions.

Residential Services Agreement

Agreement Terms and Conditions

These Standard Terms and Conditions ("Terms") apply to all proposals, estimates, and services provided by K & R Landscaping LLC ("K & R") to any residential client ("Client"). By accepting a proposal or estimate, authorizing work to begin, or making payment, Client agrees to be bound by these Terms. These Terms, together with the accepted proposal or estimate, constitute the entire agreement between the parties ("Agreement").

2.1 Service Pricing: Pricing for all services is specified in the Proposal. 

2.2 Payment Terms - Project Services: 

• A 50% deposit is required before the project commencement 
• The remaining 50% is due upon project completion
• For projects exceeding $5,000, progressive payments may be outlined in the Proposal 

2.3 Payment Terms - Maintenance Services: 

• Monthly, quarterly, or annual billing as specified in the Proposal 
• Payment due within 15 days of the invoice date 
• Automatic renewal unless written cancellation notice is provided 30 days before the term ends 

2.4 Late Payment: Payments not received within 15 days of the invoice date will incur a late fee of 1.5% per month (18% annually) on the outstanding balance. 

2.5 Payment Methods: K & R accepts checks, electronic transfers, and credit cards. Credit card payments will incur a 3.5% processing fee. 

3.1 Project Timeline: K & R will make reasonable efforts to complete one-time projects within the timeframe outlined in the Proposal. Delays due to weather, material availability, or other circumstances beyond K & R's control may extend completion dates.

3.2 Weather Contingency Plans: In the event of inclement weather: 

• Services will be rescheduled to the next available appropriate day 
• K & R will notify the Client of significant delays exceeding 3 business days 
• For project services, the completion date will be extended by the duration of weather delays 
• No penalties will be incurred for weather-related delays 

3.3 Maintenance Schedule: For recurring maintenance services, K & R will establish a regular service schedule. Exact service dates may vary based on weather conditions and service requirements. 

3.4 Access: The client will provide K & R with reasonable access to the property during scheduled service times. Failure to provide access may result in rescheduling and potential additional charges. 

3.5 Notification: For maintenance services, K & R does not guarantee advance notification of routine service visits. Special services or changes to the regular schedule will be communicated in advance when possible. 

3.6 Digital Communication: K & R's preferred methods of communication are: 

• Email for written approvals, changes to scope, and formal notifications 
• Phone for immediate concerns or clarifications 
• Text messaging for day-of scheduling updates or simple communications 
• Client portal access (when available) for service history, invoices, and scheduling

4.1 Workmanship Warranty: K & R warrants that all services will be performed in a professional manner according to industry standards. Any defects in workmanship will be remedied at no additional cost if reported within 30 days of service completion. 

4.2 Plant Warranty: 

• Perennials: 3-month limited warranty 
• Trees and Shrubs: 1-year limited warranty 
• Hardscape Installation: 1-year warranty on workmanship 

4.3 Warranty Conditions: Plant warranties are subject to: 

• Proper care according to the K & R Watering and Care Instructions (Addendum A) 
• Normal weather conditions 
• Proper usage of the landscape 

4.4 Warranty Exclusions: 

• Damage from animals, pests, diseases, or extreme weather events 
• Improper watering or maintenance by Client or third parties 
• Plants relocated or altered after installation 
• Normal plant decline due to seasonal changes 

4.5 Warranty Claims: The client must notify K & R in writing within 7 days of noticing a warranty-related issue. K & R reserves the right to inspect the plant material before approving replacement. 

4.6 Irrigation System Details: For irrigation systems installed by K & R: 

• Components carry a manufacturer's warranty (typically 1-5 years depending on the component) 
• Installation workmanship is warranted for 1 year 
• Winterization and spring start-up services are available but not included unless specified 
• System adjustments and maintenance are not covered under the warranty 
• Proper winterization is required to maintain warranty coverage 

5.1 Property Marking: The client is responsible for clearly marking all underground utilities, irrigation components, and structures that may not be visible to K & R staff. K & R will contact public utility location services, but private lines require Client marking.

5.2 Plant Care: The client is responsible for proper watering and basic care of plant material according to K & R's instructions.

5.3 Communication: The client shall promptly communicate any concerns or issues regarding the services provided.

5.4 Property Changes: The client shall notify K & R of any significant changes to the property that may affect scheduled services.

5.5 Pet and Child Safety: The client is responsible for keeping pets and children away from work areas during service times for their safety. K & R will make reasonable efforts to secure work areas but cannot provide continuous monitoring.

5.6 Permit Acquisition: Unless otherwise specified in the Proposal:

• K & R will identify permits required for landscape work
• The client is responsible for obtaining and paying for all required permits
• Work requiring permits will not commence until permits are secured
• K & R will comply with all permit requirements during installation

6.1 Project Cancellation: 

• Cancellation before project commencement: 50% deposit retained for administrative costs and ordered materials 
• Cancellation after project commencement: The client is responsible for payment of all completed work and materials ordered 

6.2 Maintenance Service Termination: 

• Either party may terminate recurring services with 30 days written notice 
• Pre-paid services will be refunded on a pro-rated basis, less any materials or special orders 

6.3 Default: K & R may terminate services immediately if Client fails to make payments when due or materially breaches this Agreement. 

7.1 Insurance: K & R maintains general liability insurance and workers' compensation insurance as required by law. 

7.2 Property Damage: K & R will make reasonable efforts to protect the Client's property. K & R is not responsible for damage to unmarked irrigation, utilities, or structures. K & R will repair at its cost any property damage directly caused by its negligence. 

7.3 Underground Obstructions: If unknown underground obstructions (large rocks, tree roots, construction debris, etc.) are discovered during work: 

• K & R will notify the Client promptly 
• Removal may require additional charges 
• Timeline adjustments may be necessary 
• Alternative solutions may be proposed if removal is impractical 
• Work may be paused pending Client approval of additional costs 

7.4 Limitation of Liability: K & R's total liability for any loss or damage shall not exceed the total amount paid for the services provided. K & R shall not be liable for indirect, special, incidental, or consequential damages. 

7.5 Hold Harmless: To the fullest extent permitted by law, the Client agrees to indemnify, defend, and hold harmless K & R Landscaping LLC, its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to the Client's breach of this Agreement, or any negligent or intentional acts or omissions by the Client or its agents. This hold harmless clause does not apply to any claims, liabilities, damages, losses, costs, and expenses directly caused by the negligence or intentional misconduct of K & R Landscaping LLC. 

Neither party shall be liable for failure to perform due to circumstances beyond reasonable control, including but not limited to: acts of God, severe weather, strikes, labor disputes, accidents, or governmental restrictions. 

9.1 Good Faith Resolution: Parties agree to attempt to resolve disputes in good faith through direct negotiation. 

9.2 Mediation: If direct negotiation fails, disputes shall be submitted to mediation in Butler County, Ohio before resorting to arbitration or litigation. 

9.3 Attorney's Fees: In the event of any legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 

10.1 Entire Agreement: This Agreement, including the Proposal and any addenda, constitutes the entire agreement between the parties and supersedes all prior agreements or understandings. 

10.2 Assignment: The client may not assign this Agreement without K & R's written consent. 

10.3 Governing Law: This Agreement shall be governed by the laws of the State of Ohio. 

10.4 Severability: If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in effect. 

10.5 Notice: All notices shall be in writing and sent to the addresses provided in this Agreement. 

10.6 Photo Documentation: K & R reserves the right to take before and after photographs of work areas for quality control, training, and promotional purposes. The client may opt out of allowing photos to be used for promotional purposes by notifying K & R in writing. 

Client's acceptance of a K & R Landscaping proposal or estimate—whether by signature, electronic acceptance, verbal approval, email confirmation, payment of deposit, or allowing work to commence—constitutes acceptance of these Terms in their entirety. No formal signature on this document is required for these Terms to be binding when a proposal or estimate has been accepted. 

The person accepting a proposal or estimate represents that they are the property owner or authorized agent with full authority to enter into this Agreement. For online or electronic acceptances, such actions constitute a valid and binding signature for all purposes. 

The latest version of these Terms is always available at www.kandrlandscaping.net/terms or upon request or in the client portal.