General Project Agreement

TERMS AND CONDITIONS

For all services with Rebecca’s Gardens, working with us or making an initial payment confirms the client’s agreement to our policies, including the following:

AGREEMENT: These terms and conditions together with the estimate or invoice form this Agreement as if they were part of the same document. The Proposal may modify the applicability of these standard terms and conditions. To the extent of any conflict, the Proposal shall control. This Agreement constitutes the entire agreement between Rebecca's Gardens ("RG" or “Company”) and Customer and may be modified only in writing and signed by both parties. Unless otherwise specified, the laws of the State of Colorado shall govern this Agreement.

CUSTOMER: Unless otherwise agreed to in writing, the "Customer" is the person to whom the Proposal is addressed, along with his/her employer or agent if it is included as part of the Customer's address. This Customer warrants his/her authority to contract with the Company.

COMPLETION: Rebecca's Gardens communicates between all parties with regard to the project schedule, general scope, or any additional supportive information. Rebecca's Gardens shall not be liable in damages, losses, or otherwise for delays or failure to perform its obligations under this Agreement to the extent the delays or failures result from causes beyond reasonable control of the party, including, but not limited to: inclement weather, labor, schedule, default of subcontractors or suppliers, acts of God or public enemy, epidemic, pandemic, or any other cause beyond its control.

PAYMENTS All Projects require an initial 50%. Suggested payment schedule covers 2 Payments of 50%, one at project initiation and one at completion, including any additional required services and/or services agreed upon during work performed, addended to current estimate. Payments made in full up front may receive a discount, usually a small % up to 10% off. Payments received after 10 days of receipt of invoice may result in a $25 late fee. A finance charge of 2% per month will be assessed if payment is received after 30 days from the date a service is completed. In the event of any nonpayment by the Customer hereunder, RG and/or service specialists may suspend further performance immediately under this Agreement. RG reserves the right to lien Customer’s property in the event of non-payment. The Customer also agrees to pay all collections costs, including, without limitation, any legal fees and expenses incurred in connection with the collection of a past due account. There will be an additional $45 fee for all checks returned.

PAYMENT METHODS We accept cash, check, venmo, or paypal either at time of service or within 10 business days of invoice. Please make checks payable to Rebecca's Gardens. Online payments such as paypal or credit will include a minimum processing fee of 3% Thank you!

SCHEDULING We reserve the right to reschedule or cancel any service for any reason or other unforeseeable circumstance.

SERVICE SPECIALISTS If your project requires a solution that needs a separate service specialist we are happy to refer you.

SUBCONTRACTORS Rebecca’s Gardens may use subcontractors to complete the project as deemed necessary by Rebecca’s Gardens.

DESCRIPTION OF SERVICES In general, Rebecca’s Gardens and any independent sub contractors may provide Project Management, Landscape Design, Garden Planning services which may include on site assessment or consulting, phone consults, research and development, drawing up plans, designing, scheduling, communicating, and delivering of files or information. Professional Garden Care defined as installation or maintenance services may include any of the following, but not limited to: weeding, trimming, shaping, pruning, fertilizing, staking, wrapping, planting, transplanting, removing, digging, installing, using soft or hardscape materials, deliveries, or other services or features.

DISCLAIMER Rebecca’s Gardens is a service supplier only and does not offer any guarantee on plants, including but not limited to the life of a tree, shrub, plant or the health of material that is either recommended in the design or planted and is not responsible for the life or health of such after installation or maintenance services end. Outside of active project dates, Rebecca’s Gardens cannot be responsible for the general conditions, care, or maintenance as it is outside of the direct involvement or supervision of Rebecca’s Gardens. Rebecca’s Gardens does not provide a discount or refund in the event a tree, shrub, grass, flower, ground cover or other plant or material used is unhealthy, does not survive, or continue to thrive. It is the client’s responsibility to care for and be educated about the basic needs and requirements of the trees, shrubs, and plant life on their property, or their choices for a referral to a specialist who can provide the required care or services. Rebecca’s Gardens recommends working with an irrigation specialist separately for all home or lawn and garden water needs, including maintenance, installation, troubleshooting, etc. Client confirms that Rebecca’s Gardens is not an irrigation specialist. At the request or confirmation of Client, Rebecca’s Gardens may install or add drip line and related irrigation parts from an exterior hose faucet or add an extension to an existing garden line. Rebecca’s Gardens may offer recommendations or minor adjustments related to irrigation as intended for plant health, but RG does not monitor nor maintain irrigation systems, and is not responsible for potential plant loss, leaks, or damages due to installation, use, viability of the system, or any other contributing factor to water management intended or unintended. If your property requires a solution that needs a specialist we are happy to refer you.

INSURANCE: Rebecca's Gardens warrants insurance for general liability. Certificates of coverage are available upon request from our Insurance agent.

GENERAL INDEMNITY: Customer shall indemnify, defend, and hold Rebecca's Gardens and its current and future direct and indirect parent company(ies), subsidiaries, subcontractors, vendors, affiliates, and their respective directors, officers, shareholders, employees, agents, representatives, successors, and assigns, (collectively, including Rebecca's Gardens, “Indemnitees”) harmless for, from, and against any and all claims, actions, suits, or proceedings of any kind whatsoever (collectively, “Claims”), and any and all losses, liabilities, penalties, fines, damages, demands, costs, or expenses, including all reasonable consulting or attorneys’ fees (including fees and disbursement of in-house and outside counsel) of any kind whatsoever (collectively, “Liabilities”) arising out of, connected in any manner with, or resulting from, but not limited to: injuries to or death of any individuals (including members of the general public, or any employee, agent, independent contractor, consultant, or affiliate of either Company or Customer) or damage to, loss, or destruction of property (including any property of Company), or errors or omissions in the information or communication provided leading to any issue including but not limited to injury or death, physical or property damage, or financial loss. 

SEVERABILITY: It is understood and agreed by the parties hereto that, if any part, term, condition or provision of this Agreement is held by the courts to be illegal or in conflict with any law or statute of the State of Colorado, then the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part, term, condition, or provision so held to be invalid.

DISPUTE RESOLUTION: If for some reason you are not happy with the services provided by Company, Customer and Company will engage in good faith communications to resolve the concerns. Company will follow the following process: 1) We will set up a meeting with you and your Team Lead or service provider to go over your concerns. 2) Your Team Lead or service provider will make note of your concern(s) and discuss resolution options.

Should good faith communications fail to resolve any conflicts that may arise related to the goods and services provided by Company hereunder, the Customer and Company agree that all disputes shall be submitted to non-binding mediation, unless the parties mutually agree otherwise in writing. Non-binding mediation shall be completed within 90 days from the date such dispute arises. In the event that mediation is unsuccessful, such disputes shall be submitted to a court of competent jurisdiction in Boulder County, Colorado, which shall be the appropriate jurisdiction and venue for any and all claims or disputes arising out of this Agreement.

ASSIGNABILITY: Customers may not assign their rights, duties, and obligations under this Agreement without Company’s consent.

ATTORNEY'S FEES: In any action brought by either party to enforce any of the terms of this Agreement, the prevailing party in such action shall be entitled to reimbursement by the non-prevailing party of all costs, out-of-pocket expenses, and such reasonable attorney’s fees as the court shall determine just.

SINCE 2011 We are happy to serve Boulder and surrounding local areas. Thank you for Growing with us! Thanks, Rebecca & Team