Root & Fruit Gardens
Garden Installation Terms of Service

The Garden Installation Terms of Service are a companion to the invoice provided to a customer for the purchase of garden installation services (the “Invoice”). Checking the Garden Installation Terms of Services box on the Invoice represents acceptance of the Garden Installation Terms of Service outlined below and establishes a legally binding agreement (the “Contract”).

The Garden Installation Terms of Service apply to Root and Fruit Gardens, LLC, with an address of 6347 Livia Lane, Medina, OH 44256 (the “Garden Consultant”) and the customer listed on the Project Invoice, at the address listed on the same Project Invoice (the “Customer”), collectively the “Parties.”

1. Garden Installation Services.

The Customer wishes to obtain the Garden Consultant’s services to perform the work as detailed in the Invoice (the “Services”). The Services are to be performed at the address listed in the Invoice (the “Property”).

The Garden Consultant agrees to furnish the labor, materials, and supplies necessary to perform the Services in accordance with the terms and conditions contained herein. Upon completion of the Services, the Garden Consultant will remove all unused materials, supplies, and other debris from the Property.

2. Changes to Services.

The Customer may request reasonable changes to the Services described in the Invoice. Any changes to the Services must be in writing and signed by both the Garden Consultant and the Customer. The Customer agrees that any changes to the Services may result in additional charges and modify the Schedule described in Section 3.

3. Term and Schedule.

The Garden Consultant will complete the Services in accordance with the installation schedule (the “Schedule”) outlined in the Invoice. The Customer agrees that all dates are subject to change if the Customer requests any changes or additions to the Services. The Schedule is further subject to weather conditions at the discretion of the Garden Consultant.

4. Payment Schedule.

The Customer agrees to pay the Garden Consultant the Total Payment specified in the Invoice for the Services.

5. Representations.

Garden Consultant Representations.

The Garden Consultant will perform the Services in a workmanlike manner, in compliance with all applicable laws, regulations, codes, restrictive covenants, and homeowners’ association requirements.

Customer Representations.

The Customer is the legal owner of the Property, or otherwise has authority to permit construction upon the Property. The Customer confirms all aspects of the garden design and Services are in accordance with all applicable laws, regulations, codes, restrictive covenants and homeowners’ association requirements relevant to the Property. The Customer has the financial ability to pay the Garden Consultant for the Services.

7. Insurance.

The Garden Consultant warrants it is adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of the Garden Consultant or its employees and subcontractors.

8. Subcontractors.

The Garden Consultant may engage subcontractors to perform work at its discretion, provided that the Garden Consultant shall fully pay any subcontractors and in all instances remain responsible for completion of the Services.

9. Liability Waiver.

If the Garden Consultant, any of its employees, landscapers, agents, or the like are injured in the course of performing the Services, the Customer is exempt from liability for those injuries to the fullest extent allowed by law.

10. Termination.

The Customer can terminate the Contract by giving written notice: (a) if the Garden Consultant commits any material breach of the Garden Installation Terms of Services and fails to correct the breach within ten (10) days of notice of the breach; or (b) if there is any repeated failure by the Garden Consultant to provide the Services to an acceptable standard and to the reasonable satisfaction of the Customer.

The Garden Consultant can terminate the Contract by giving written notice: (a) if the Customer fails to make the payments required and set forth in the Invoice within five (5) days of notice of failure to make a payment; or (b) if the Customer commits any other material, non-financial breach and fails to correct the breach within ten (10) days of notice of the breach.

11. Entire Contract.

The Contract reflects the entire agreement between the Parties and reflects a complete understanding of the Parties with respect to the subject matter. The Contract supersedes all prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both the Garden Consultant and the Customer.

12. Dispute Resolution and Legal Fees.

In the event of a dispute arising out of the Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation. If the matter cannot be resolved through mediation, and legal action ensues, the successful Party will be entitled to its legal fees, including, but not limited to its attorneys’ fees.

13. Legal and Binding Contract.

By checking the Garden Installation Terms of Service box on the Invoice, it serves as a legal and binding agreement between the Parties as stated above. This Contract may be entered into and is legal and binding in the United States. The Parties each represent that they have the authority to enter into this Contract.

14. Severability.

If any provision of the Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

15. Waiver.

The failure of either Party to enforce any provision of the Contract shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of the Contract.

16. Applicable Law.

The Contract shall be governed and construed in accordance with the laws of the state where the Property is located, without giving effect to any conflicts of laws provisions.