PERFORMANCE. The services listed in the Proposal (“Services”) will be performed by an independently owned and operated Lawn Squad Franchising LLC (“Franchisor”) franchisee (“Service Provider”) on the date(s) specified, unless you are notified otherwise. If you do not see any service you wish performed listed or have a question about the date(s), call the Service Provider’s office. Service Provider reserves the right to change the products used, in whole or part, when weather, species of pest, property attributes, or product label direction dictates a change needed to stay within the rules and regulations of the state, EPA, or other parties governing a licensed pest control business. During the visit, for quality and training purposes, the Service Provider’s service staff providing the Services may wear a body cam to record their actions. By accepting and entering into this Service Agreement, Client acknowledges and agrees that the service staff of the Service Provider may record their visit and the Services performed at Client’s property.
PRICE. Services will initially be provided at the price(s) stated in the Proposal. Thereafter, Service Provider reserves the right to revise the price(s) for Services upon written notice to Client.
PAYMENT. At the time of acceptance of the Proposal, Client shall submit to Service Provider payment card information for processing of payment for the Services price per the payment terms of this Service Agreement. Client agrees to maintain a valid payment card with Service Provider for the duration of the term of Client’s Proposal or this Service Agreement. By providing Service Provider with payment card information, Client represents and warrants that Client is an authorized user on the payment card.
If any debit or charge under the Proposal or this Service Agreement is rejected or otherwise returned unpaid, Client authorizes Service Provider to reinitiate the debit or charge in accordance with applicable laws and payment network rules. Service Provider may choose whether to reinitiate a debit or charge in its sole discretion. If Service Provider are unable to process a debit or charge, Service Provider may require Client to provide an alternate payment account and Service Provider may suspend or terminate the Services.
Client agrees that no prior notification will be provided prior to the charge unless there is a material change in the nature or cost of Services to be billed, and this authorization will remain in effect until Client cancels it by terminating the Services of Service Provider. Client understands that this Service Agreement governs the sale and the provision of Services. Client acknowledges and agrees that Service Provider is a franchisee of Franchisor and is an independently and locally owned and operated business.
MODIFICATIONS. Modifications to the Services or this Service Agreement will be made only when a written addendum describing such modifications has been signed both by Client and Service Provider. There may be additional charges for any changes.
SERVICES. This Service Agreement shall continue and remain in effect, with the same Services to be provided each year pursuant to its terms and conditions, unless and until it is canceled. Unless Client cancels or changes its Services in accordance with this Service Agreement, any recurring Services Client signed up for will be automatically extended for successive renewal periods of the same duration as the term Client originally selected, at the then-current non-promotional rate. By signing up for RECURRING SERVICES, CLIENT agreeS that SERVICE PROVIDER may submit the recurring charges associated with such RECURRING SERVICES for payment on the applicable schedule set forth IN THE PROPOSAL OR THIS SERVICE AGREEMENT without further authorization from CLIENT, and CLIENT will be responsible for such RECURRING charges. Recurring charges may be payable in advance, in arrears, per usage, or as otherwise described in the Proposal and this Service Agreement. BY SIGNING UP FOR RECURRING SERVICES YOU ACKNOWLEDGE AND AGREE THAT RECURRING SERVICES WILL CONTINUE, UNTIL YOU CANCEL THEM. Client further authorizes Service Provider to initiate one-time debits or charges to the payment card for other amounts owed under the Proposal or this Service Agreement. Client authorizes Service Provider to initiate a debit, charge, or credit to the payment card as necessary to correct any errors or to provide any refund owed to Client.
CANCELLATION. Client may cancel this Service Agreement at any time for any reason, without penalty or payment of a cancellation fee, by calling Service Provider at 1.888.427.1171 during Mondays-Fridays 8:00 am – 5:00 pm or by emailing Service Provider at info@lawnsquad.com or IF YOU SIGNED UP FOR RECURRING SERVICES ONLINE, VISITING AND CANCELING AT https://lawnsquad.com/service-agreement/. YOUR CANCELLATION WILL NOT AFFECT CHARGES SUBMITTED BEFORE SERVICE PROVIDER REASONABLY COULD ACT. This does not waive Service Provider’s right to seek payment directly from Client for Services already provided, and any fees for cancelling Services already scheduled. Any payment owed by Client for Services rendered prior to cancellation and for cancellation fees shall be due and payable at the time of cancellation. Except as stated in this Service Agreement, all fees are non-refundable, earned in full and due and payable according to the Proposal and this Service Agreement.
LICENSES AND INSURANCE. The service staff of Service Provider are licensed and trained to perform pest control in the state(s) they serve. Service Provider maintains applicable local, state of federal licenses required to perform the Services as well as no less than one million dollars ($1,000,000.00) in Comprehensive General Liability insurance per occurrence with an insurance company licensed to do business in the state they serve.
DISCLAIMER AND INDEMNITY. In consideration of the Services performed under this Service Agreement and the Proposal, the undersigned agrees to indemnify and forever hold Service Provider, Franchisor and its agents harmless for any damages or claims resulting from or arising out of the delivery of such Services.
SERVICE DELAYS AND FORCE MAJEURE. Service Provider is not responsible or liable for delays in the commencement or completion of the Services that are a result of conditions beyond Service Provider’s control (including, for example, but not limited to weather, strikes, or a supplier’s inability to provide materials, pandemic, epidemic, public health emergencies, acts of government or civilian authorities. terrorism). If Client fails to make a scheduled payment, Service Provider may postpone its performance of the Services under this Service Agreement and schedule continuation at its discretion only after receipt of all amounts due and payable. Delays caused by such events do not constitute abandonment.
INDEPENDENTLY OWNED AND OPERATED LAWN SQUAD® FRANCHISE. Client acknowledges and agrees that (a) Service Provider is an independently owned and operated franchise of Franchisor, (b) this Service Agreement is made solely with Service Provider, (c) Services will be provided by Service Provider and not Franchisor, (d) Franchisor is not a party to this Service Agreement, (e) neither Service Provider nor Service Provider’s employees are employees or agents of Franchisor or any of Franchisor’s affiliates, and (f) neither Franchisor nor Franchisor’s affiliates are responsible or liable for any acts or omissions of Service Provider.
ENFORCEABILITY. If any provision, sentence, phrase or word in this Service Agreement or the application of it to any person or circumstance are deemed unenforceable by a court of competent jurisdiction, the remaining provisions remain in force.
WARRANTIES. Client’s 100% satisfaction for lawn service treatment is guaranteed by Service Provider. If you are not completely satisfied with your lawn service treatment, contact Service Provider within 14 days of the treatment for an additional service request at no additional charge. This guarantee is provided by Service Provider and is for continuous service customers only and excludes single treatments and event treatments.
DISPUTES. This Service Agreement is made and shall be construed under the laws of the State set forth in the Service Provider’s address. Except as set forth below, if any controversy or claim arises out of or relates to this Service Provider, or the breach thereof, and if said controversy or claim cannot be settled through direct discussions, the parties agree to settle the controversy or claim by mediation administered by the American Arbitration Association under its Construction Industry Mediation Rules, before resorting to Arbitration Rules, and judgment up the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The parties may jointly agree to mediation and arbitration by the Better Business Bureau (if applicable) in lieu of the foregoing. Any efforts by Service Provider to collect amounts due or any part thereof are not subject to the mediation and arbitration provisions set forth above. Client agrees to pay all collection expenses, court costs, and reasonable attorneys’ fees which may be incurred in such collection efforts. CLIENT HEREBY WAIVES ANY AND ALL RIGHTS CLIENT MAY HAVE TO A JURY IN ANY SUIT.
LIQUIDATED DAMAGES. Should Client fail to fulfill its obligations under this Service Agreement in addition to any other remedy at law or in equity that Service Provider may have otherwise provided herein, Service Provider may retain as liquidated damages and not as a penalty, all consideration paid by Client to Service Provider, including, but not limited to the payments referenced above.
NO WAIVER OF RIGHTS. Service Provider’s failure to exercise a right or remedy or Service Provider’s acceptance of a partial or delinquent payment, does not operate as a waiver of any of Service Provider’s rights, or Client’s obligations, under this Service Agreement and does not constitute a waiver of Service Provider’s right to declare an immediate or a subsequent default of this Service Agreement.
ENTIRE AGREEMENT. This Service Agreement, together with the Proposal, contains the entire understanding and agreement between the parties with respect to the Services and supersedes all prior or contemporaneous written and oral agreements and understandings with respect to the subject matter hereof. In the event of a conflict or inconsistency between this Service Agreement and the Proposal, this Service Agreement will control. NO ORAL PROMISES OR AGREEMENTS ARE A PART OF THIS SERVICE AGREEMENT.