General Terms + Conditions

 

These general terms and conditions appear at the bottom of invoices or receipts as well. Here is an overview:

GENERAL TERMS AND CONDITIONS Working with us, receiving our service/s,  and/or making payment constitutes agreement with these general terms, equal to or in lieu of a digital signature agreement. Thank you.

AGREEMENT: This estimate constitutes the entire agreement between Rebecca's Gardens & 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.

CLIENT: Unless otherwise agreed to in writing, the "Client or 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 Client's address. This Client warrants his/her/their authority to contract with the Company.

BUSINESS COLLABORATION: Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC does not subcontract with A Good Earth Maintenance LLC. The two companies (businesses) operate independently and agree to work on projects for clients independently together; each contract is unique. Each of our businesses accept and complete projects together, while operating independently. Customer agrees to contract and work on the design phase with RGD and separately to contract and work with AGEM on the installation phase, including accepting any amount of time in between the two phases that may arise, such as seasonal schedule shifts, travel, or any other circumstance, or unless other arrangements are mutually agreed to in writing.

COMPLETION: Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC agrees to do its best to communicate between all parties with regard to the project schedule, general scope, or any additional supportive information. We reserve the right to reschedule or cancel any service for any reason or other unforeseeable circumstance. Rebecca's Gardens & Design 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.

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: Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC is insured for general and/or professional liability. Certificates of coverage are available upon request.

PAYMENTS
All Projects with Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC require an initial 50%. We accept cash, check, venmo, or paypal either up front, at time of service, or within 10 business days of invoice. Please make checks payable to Rebecca Carlson or Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC. 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 Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC. 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, 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.

GENERAL AND PROFESSIONAL INDEMNITY: Customer shall indemnify, defend, and hold harmless, Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC, and/or Rebecca's Gardens LLC or DBA and/or Rebecca's Gardens and Design LLC or DBA, and each and any of the current and future direct and indirect parent company(ies), subsidiaries, affiliates, and their respective owners, directors, officers, partners, shareholders, employees, agents, representatives, successors, and assigns, including Rebecca Carlson, (collectively “Indemnitees”), 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: acts of God, acts of a social or political nature outside of our control or project planning, absence, injuries to or death of any individuals (including members of the general public, or any employee, agent, independent contractor, consultant, or affiliate of either business 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 either business.

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 representative to go over your concerns. 2) Your representative 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.

SIGNATURES + COPIES: 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.

COPYRIGHT: "© 2025 Sunshine Synchronicities LLC and/or Eco Gardens By Rebecca LLC. All rights reserved. This proposal, and any project related collateral, documents, communications, concepts, and deliverables, including any and all design versions at any stage, and the final design(s) produced for the purposes of this project are for the exclusive use of Karolyn Evans and Haskins Station Garden Committee for the purpose of evaluating and or agreeing to our services for the proposed project, and a limited, non-exclusive license is granted to use and reproduce conceptual imagery or deliverables solely for the purpose of visualizing and maintaining the specific project for this Agreement. This license does not include the right to reproduce, adapt, or use the designs for other projects, marketing, or any other purpose without the prior written consent of the Service Provider. Unauthorized use, reproduction, or distribution is strictly prohibited."

INTELLECTUAL PROPERTY RIGHTS: Ownership of Design Documents: All designs, drawings, specifications, and other documents prepared by the landscape designer in connection with this project are considered instruments of service and remain the intellectual property of the landscape designer.
License to Use: The client is granted a limited, non-exclusive license to use and reproduce these design documents solely for the purpose of constructing and maintaining this specific project. This license does not include the right to reproduce, adapt, or use the designs for other projects, marketing, or any other purpose without the prior written consent of the landscape designer.

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

THANK YOU