Steadfast Gardening Services – Landscaping Terms of Service
(Applicable to All Landscape Design, Installation, and Maintenance Services)This Landscaping Terms of Service Agreement (“Agreement”) is entered into between Steadfast Gardening Services (“Service Provider”) and the Client upon approval of any landscaping proposal, quote, invoice, or service authorization. These terms govern all landscaping-related services.
1. Scope of Landscaping ServicesService Provider will perform landscaping services as expressly described in the approved proposal. Services may include, but are not limited to:Landscape design and layoutGarden bed construction, refresh, or removalMulch, soil, rock, gravel, and compost installationPlant installation and replacementMinor irrigation adjustments or repairsHardscape elements that are non-structuralLandscape cleanup and site preparationServices are limited strictly to the scope defined in the approved proposal. Any work outside of the stated scope requires written approval and may result in additional charges.Service Provider does not provide architectural, engineering, plumbing, electrical, or structural contracting services unless expressly stated in writing.
2. Project Schedule & Site ConditionsAll project timelines are estimates and may be affected by:Weather conditionsMaterial availability or supply delaysSite readiness or access limitationsUnderground obstacles or unknown site conditionsClient-requested changes or delaysClient is responsible for ensuring the site is accessible, clear, and ready for work at the scheduled time. Delays caused by site conditions may result in rescheduling, additional labor charges, or extended timelines.
3. Payment TermsPayment terms, including deposits and final balances, are defined in the approved proposal.Unless otherwise stated in writing:Deposits are non-refundable once materials are ordered or work has begunFinal payment is due upon substantial completion of the projectLate payments may result in delayed scheduling or suspension of remaining workService Provider reserves the right to withhold final walkthroughs, punch-list work, or documentation until payment is received in full.
4. Materials, Plants & SubstitutionsClient acknowledges that landscaping materials and plants are natural products and may vary in appearance.Color, size, texture, and finish may differ from samples or photosPlant availability may vary due to seasonality or supplier constraintsComparable substitutions may be made when necessaryAny substitutions will be of comparable quality unless otherwise approved by Client.
5. Plant, Sod & Landscape Warranty DisclaimerDue to factors beyond Service Provider’s control—including weather, soil conditions, pests, wildlife, irrigation performance, and Client maintenance practices—no warranty or guarantee is made regarding:Plant survival or growth rateSod establishmentLong-term appearance or healthWeed preventionAll plants, sod, seed, and landscape materials are installed “as-is.”
Any plant or material warranty must be expressly stated in writing in the approved proposal.
6. Underground Utilities & Site HazardsClient is responsible for identifying, marking, and disclosing all underground utilities and hazards, including but not limited to:Irrigation linesElectrical wiringPlumbing or drainage linesSeptic systemsInvisible pet fencingService Provider is not responsible for damage to unmarked or improperly marked utilities or systems.
7. Change OrdersAny modifications to the approved scope after work has begun must be documented and approved in writing.Change orders may affect pricing, materials, and timelines and will be billed separately.
8. Safety & On-Site ConductService Provider will follow reasonable safety practices during all landscaping activities.Client agrees to:Maintain a safe work environmentSecure pets and children away from work areasRemove or disclose hazards prior to workService Provider reserves the right to pause or stop work if unsafe conditions exist.
9. Property Disturbance & RestorationClient acknowledges that landscaping work may result in:Temporary turf disturbanceSoil compaction or settlingDust, debris, or noiseService Provider is not responsible for minor or expected disturbances inherent to landscaping work.
10. Limitation of LiabilityService Provider’s liability for property damage caused by documented negligence is limited to the direct cost of repair or replacement of the affected item.In no event shall Service Provider be liable for indirect, incidental, consequential, or punitive damages.Total liability shall not exceed the total amount paid by Client for the specific landscaping services performed.
11. Indemnification & Hold HarmlessClient agrees to indemnify, defend, and hold harmless Service Provider from any claims, damages, losses, or expenses arising from:Pre-existing site conditionsClient-owned structures or equipmentActions of Client, guests, neighbors, or third partiesEnvironmental conditions, pests, or wildlife
12. Maintenance Responsibility After InstallationUnless ongoing maintenance services are expressly included in the proposal, Client assumes full responsibility for:WateringFertilizationPest managementGeneral plant careService Provider is not responsible for plant loss, decline, or landscape condition after installation is complete unless covered by a written maintenance agreement.
13. Weather & Force MajeureService Provider is not responsible for delays, damage, or performance issues caused by events beyond reasonable control, including:Severe weatherFlooding or droughtActs of GodSupply chain disruptionsGovernment restrictionsProject timelines may be adjusted as necessary without penalty.
14. Texas Construction Lien NoticeClient is advised that, under Texas law, Service Provider may have the right to file a mechanic’s or materialman’s lien for unpaid labor or materials provided as part of landscaping services, as permitted by law.Nothing in this Agreement waives or limits Service Provider’s rights under applicable Texas lien statutes.
15. Photography & Marketing RightsClient grants Service Provider the right to photograph completed or in-progress landscaping work for marketing, portfolio, and promotional use.No identifiable images of individuals will be used without express permission.
16. Cancellation & TerminationCancellation terms are defined in the approved proposal.Unless otherwise stated:Deposits are non-refundableClient is responsible for costs incurred prior to cancellationMaterials already ordered or delivered will be billed to the Client
17. Agreement AcceptanceBy approving a landscaping proposal, authorizing work, or allowing services to begin, Client agrees to all terms contained in this Agreement.
