Last Revision: February 11, 2025
Parties
This Agreement is between Johnson Land Maintenance LLC (JLM), a Wisconsin limited liability company, and the client (“Client”) as identified in the associated Estimate, Proposal, or Quote.
1. The Property
JLM shall perform lawn care, snow removal services, or other agreed services (“Services”) at the address provided by the Client (the “Property”). The Client warrants they have authority to engage JLM for Services at the Property.
2. The Services
Should the Client alter the scope of Services after executing this Agreement, such changes and any associated cost adjustments must be documented in writing or via email. Services will be executed in a workmanlike manner.
3. Snow Management Provisions
- JLM will plow snow on the Property as per the agreed terms. JLM is not responsible for preventing or removing ice accumulation unless specifically agreed upon.
- JLM will take reasonable precautions to avoid damage to the Client’s property. However, JLM is not responsible for damage to curbs, driveways, landscaping, or other property features due to the normal operation of equipment unless caused by negligence.
- JLM will stake the property with snow stakes in the fall. If snow removal results in damage to turf, JLM will perform reasonable repairs at no additional cost. However, JLM is not responsible for pre-existing turf conditions or damages beyond normal service wear.
- JLM will make reasonable efforts to provide snow removal services promptly after snowfall. However, JLM is not responsible for delays caused by extreme weather conditions, equipment failure, or other unforeseen circumstances. The Client is responsible for notifying JLM of hazardous conditions requiring immediate attention.
- The Client acknowledges that slippery or hazardous conditions may still exist after snow removal. JLM is not responsible for injuries, slips, or falls occurring on the Property due to ice or residual snow unless JLM is specifically contracted for ice mitigation services.
4. Client Responsibilities
- The Client is responsible for ensuring that the lawn is clear of objects such as children’s toys, dog toys, garden tools, garden hoses, and other obstacles that could affect the quality of service. JLM cannot be held responsible for damage to these items or for issues arising from hitting such obstacles during lawn care.
- The Client should also manage dog waste to ensure the area is ready for service.
5. Payment Terms
- Payment terms are as outlined in the Estimate, Proposal, or Quote. Payments not received within 10 days of the due date will incur a late fee of 1.5% per month (18% annually) or the highest amount permitted by law, whichever is less.
- JLM reserves the right to suspend services until the account is current.
6. Changes to Services
Any changes to the Services requested by the Client must be agreed upon in writing or via email. Verbal changes or requests made on-site will not be considered valid without written confirmation.
7. Termination and Suspension
- JLM reserves the right to suspend or terminate Services for non-payment, breach of this Agreement, or unsafe work conditions on the Property.
- The Client may terminate this Agreement at any time by providing at least seven (7) days’ written notice to JLM. Any prepaid amounts for Services not rendered will be refunded at JLM’s discretion, minus administrative or setup fees.
8. Limitation of Liability
- JLM’s total liability under this Agreement shall not exceed the total amount paid by the Client for the Services.
- JLM shall not be liable for indirect, incidental, or consequential damages, including but not limited to damage caused by equipment, weather conditions, or third parties.
9. Governing Law
This Agreement is governed by the laws of the State of Wisconsin.
10. Severability and Entire Agreement
This document constitutes the entire Agreement between JLM and the Client. If any part of this Agreement is deemed unenforceable, the remainder remains in effect.
11. Lien Notice
If payment is not received for Services rendered, JLM reserves the right to file a lien against the Client’s property under Wisconsin law. A lien may impact the Client’s ability to sell or refinance the property until the outstanding balance is paid.
12. Dispute Resolution
Any disputes arising from this Agreement shall first be addressed through good faith negotiations. If unresolved, disputes will be submitted to mediation or arbitration in accordance with the rules of the American Arbitration Association. The costs of mediation or arbitration shall be split equally between JLM and the Client, unless otherwise determined by the arbitrator.
13. Force Majeure
JLM shall not be held liable for delays or failure to perform Services due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, equipment failures, labor strikes, governmental actions, public health emergencies, or utility interruptions.
14. Notices
All notices, requests, and other communications under this Agreement must be provided in writing via email or physical mail. Notices will be considered received within 3 business days if sent via certified mail or on the same business day if sent via email.
15. Indemnification
The Client agrees to indemnify, defend, and hold harmless Johnson Land Maintenance LLC (JLM), its owners, employees, and subcontractors from any claims, damages, losses, liabilities, expenses, or legal fees arising from third-party injuries, property damage, or other claims related to services provided by JLM, except in cases of JLM’s gross negligence or willful misconduct.
This indemnification extends to claims arising from:
- Slip-and-fall accidents, vehicle damage, or property damage occurring on the Client’s property.
- Acts of third parties, weather-related incidents, or conditions beyond JLM’s control.
- Work performed by subcontractors or third parties hired by the Client.
This indemnification obligation shall survive the termination of this Agreement.
16. Digital Acceptance
By accepting this estimate digitally, via email, or by signature, the Client agrees to these Terms & Conditions, which constitute a binding agreement between the parties.