These Terms and Conditions (“Terms”) govern the provision of Storm Clean Up Services (“Services”) by Earthcare Landscape Services (“Earthcare”) to the Customer (“Customer”) as described herein. By pre-approving Storm Clean Up Services, the Customer agrees to be bound by these Terms.
Earthcare will provide the following Services in the event of a storm or disaster affecting the Customer’s property (residential or commercial), subject to the conditions herein:
– Remove debris and obstructions from roadways, allowing for safe vehicle access.
– Remove debris from sidewalks and walkways.
– Notify the Customer of any hazardous areas observed on the property.
– Analyze any failing or leaning tree risks and take action as deemed necessary by Earthcare to mitigate the risk, including trimming or removal.
– Trim broken and hanging branches.
– Debris clean-up and disposal from grounds and common areas.
– Resume the Customer’s regular irrigation schedule or adjust it if the grounds are flooded. (If pre-approved, Earthcare will also turn off the Customer’s irrigation system prior to an anticipated storm, as a separate service.)
– Assess damage to plant materials and salvage where reasonably possible.
These Services are offered on a pre-approval basis. By signing this agreement, the Customer authorizes Earthcare to commence Services at the Customer’s property following a storm event, without requiring further contact or authorization at the time of the event.
Pre-approval ensures that Earthcare can respond promptly and efficiently to the Customer’s needs, prioritizing pre-approved properties in the event of widespread damage.
Customer acknowledges that pre-approval is for the services outlined in section 1, and any services outside that scope will require a separate agreement and may incur additional charges.
Earthcare will initiate Services as soon as it is reasonably safe to do so following a storm event. Earthcare will make reasonable efforts to assess conditions and begin work as promptly as possible.
The timing of service commencement will depend on factors beyond Earthcare’s control, including but not limited to:
– The severity and extent of the storm.
– Accessibility of the Customer’s property.
– Safety conditions.
– The volume of service requests.
Earthcare does not guarantee a specific response time.
The customer is responsible for clearly marking any property lines or underground utilities. Earthcare is not responsible for damage to unmarked utilities.
Earthcare’s Services are limited to the activities specifically described in Section 1.These Services do not include:
– Removal of debris from inside buildings or structures.
– Repair or replacement of damaged structures (e.g., roofs, fences).
– Removal of hazardous materials (e.g., chemical spills).
– Tree removal beyond what is necessary to address immediate safety hazards or to facilitate the services outlined in section 1.
– Stump removal.
Although the above tasks fall outside our direct scope of work, to better serve our customers, Earthcare can assist you in coordinating these services by hiring qualified subcontractors on your behalf. Please let us know if you require assistance with these types of repairs or removals, and we would be happy to help facilitate the process.
Earthcare reserves the right to refuse to perform any service that it deems unsafe or beyond the scope of these Terms.
If, in the course of providing the Services, Earthcare discovers additional damage or issues beyond the scope of this agreement, Earthcare will notify the Customer. Any additional work will require a separate agreement and may incur additional charges.
Pricing for standard landscape services will be determined based on Earthcare’s standard rates. For storm clean-up services, the rate is $95.00 per person in each crew. Crews for storm clean-up will consist of two or more people, and the number of personnel in each crew will depend on the availability of staff at the time of service. Please note that the use of any large machinery, such as a John Deere 240k, 304L Loader, or 317G Loader, will result in an increase in the overall service price.
The Customer agrees to pay Earthcare for all Services rendered.
Payment terms are net 30 days from the date of invoice, unless otherwise agreed in writing.
Earthcare reserves the right to require a deposit prior to the commencement of services.
Earthcare will maintain appropriate insurance coverage, including general liability insurance and workers’ compensation insurance.
Earthcare’s liability for any damages arising from the provision of Services shall be limited to the extent of its insurance coverage.
Earthcare shall not be liable for any indirect, incidental, or consequential damages, including but not limited to:
– Loss of use of property.
– Business interruption.
– Emotional distress.
Earthcare shall not be liable for any pre-existing conditions of the Customer’s property that are exacerbated by the storm or the provision of Services.
The Customer agrees to indemnify and hold harmless Earthcare from any claims, losses, or damages arising from:
– The Customer’s failure to provide accurate information.
– Damage to unmarked underground utilities.
This agreement may be terminated by either party upon written notice:
– By the Customer: if the customer wishes to cancel the pre-approval.
– By Earthcare: if the Earthcare is unable to provide the services due to reasons beyond its control, including but not limited to: Force majeure events (see section 10), Safety concerns, and/or Governmental restrictions.
In the event of termination, the Customer shall pay Earthcare for any Services performed prior to the termination date.
Earthcare shall not be liable for any delay or failure to perform its obligations under these Terms due to any cause beyond its reasonable control, including but not limited to:
– Acts of God.
– Back-to-back Hurricanes, Tropical Storms, floods, or other natural disasters.
– Fire.
– Terrorism.
– War.
– Labor disputes.
– Governmental regulations.
These Terms constitute the entire agreement between the parties and supersede all prior agreements or understandings, whether written or oral, relating to the subject matter herein.
These Terms may be amended by Earthcare from time to time. Any amendments will be communicated to the Customer in writing and will be effective upon the Customer’s acceptance.
These Terms may be amended by Earthcare from time to time. Any amendments will be communicated to the Customer via email (to the email address on file) and will be effective once sent.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State].
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
