General Terms and Conditions

GENERAL TERMS AND CONDITIONS Working with us and/or making payment constitutes agreement with these general terms. Thank you.

AGREEMENT: Your email estimate constitutes the entire agreement between Eco Gardens By Rebecca, aka Rebecca's Gardens and Design ("RGD" or “Company”) and Customer and may be modified only in writing and signed or initialed by both parties. Unless otherwise specified, the laws of the State of Colorado shall govern this Agreement. Addendums to the Proposal may modify the applicability of these standard terms and conditions. To the extent of any conflict, the Proposal shall control.

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: Eco Gardens By Rebecca agrees to do its best to communicate between all parties with regard to the project deliverables, recommendations, schedule, general scope, or any additional supportive information. We reserve the right to reconfigure any information presented, to reschedule or cancel any meeting, session, or service for any reason or other unforeseeable circumstance. Eco Gardens By Rebecca shall not be liable in damages or otherwise for delays or failure to perform its obligations under this Agreement to the extent the delays or failures result from health or scheduling conflicts or causes beyond reasonable control of the party, including, but not limited to: inclement weather, labor, default of subcontractors or suppliers, acts of God or public enemy, epidemic, pandemic, or any other cause beyond its control; nor shall the Customer be relieved of completion for delays.

PAYMENTS
All Projects require an initial 50%, unless otherwise agreed. We accept cash, venmo, paypal, check, or credit either up front, at time of service, or within 10 business days of an invoice. Please make checks payable to Eco Gardens By Rebecca or Rebecca Carlson. Online payments such as paypal or credit will include a minimum processing fee of .3% Thank you. Suggested payment schedule for flat rate services covers 2 Payments 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. Suggested payment schedule for retainers are at the discretion of Rebecca's Gardens. Payments received after 10 days will result in a $25-50 late fee, and/or a $35 fee for returned checks. 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, Eco Gardens By Rebecca and/or service specialists may suspend further performance immediately under this Agreement.

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. INSURANCE: Eco Gardens By Rebecca warrants insurance for professional liability. Certificates of coverage are available upon request.

GENERAL AND PROFESSIONAL INDEMNITY: Customer shall indemnify, defend, and hold Eco Gardens By Rebecca and/or Rebecca's Gardens and Design LLC, and/or Sunshine Synchronicities, and its current and future direct and indirect parent company(ies), subsidiaries, affiliates, and their respective directors, officers, shareholders, employees, agents, representatives, successors, and assigns, including Rebecca Carlson, (collectively “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). Notwithstanding the foregoing, the foregoing indemnification obligations will not apply to the extent Claims or Liabilities are caused by the sole negligence or willful misconduct of Company.

CONTRACTORS: It is understood and agreed by all parties that the client agrees to choose to work directly with and make any separate payment directly to any recommended or otherwise suitable independent contractor to perform necessary work that is deemed a requirement or in the best interests of project completion. This may include, but is not limited to, installation, maintenance, irrigation, architectural or structural renderings, city permits, delivery, disposal, or any work other than design. All parties acknowledge that any additional contractor participation may be assessed and included at any point in the schedule or project arc, and may change the schedule and estimate accordingly in ways either known or unknown. All parties heretofore agree to work toward completion to the best of their ability and schedule without liability.

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 Arborist to go over your concerns. 2) Your arborist 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, not to exceed the general amount originally estimated or agreed, as the court shall determine just. 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.

COUNTERPARTS, SIGNATURES: This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be a duplicate original hereof, but all of which shall constitute one and the same document. Signatures transmitted by facsimile or electronically shall be treated and accepted as original signatures.

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


THANK YOU

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