Terms and Conditions for Lang’s Lawn Care

Thank you for choosing Langs Lawn and Tree Care Pest Control, a Thrive Brands, LLC company! The following terms and conditions, together with the terms, prices, and specifications outlined on your estimate, proposal, and/or services agreement and Datasheet, if applicable for your state, constitute your entire agreement with Thrive Brands, LLC DBA Langs Lawn and Tree Care Pest Control; Teed & Brown, LLC; Rockingham Turf Care, Inc.; and all related DBAs (collectively referred to as “Langs Lawn and Tree Care Pest Control”) (“Agreement”).

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PERFORMANCE BY LANGS LAWN AND TREE CARE PEST CONTROL – Our programs are designed to manage and not eradicate weeds, insects, mites, disease and deer browsing, depending on your program’s specifications. Horticulturally tolerable levels of insects, mites, disease and deer browse may still be present after treatments. Epidemic infestations may require additional visits at additional cost to you, pending your approval.

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Remeasurement of your lawn or plant material may also be required if there is a discrepancy between the original estimate and the actual square footage or product(s) required. You will be notified of any price adjustments for future services.

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Applications and/or treatments will be performed at the job site unannounced unless otherwise noted herein. The Datasheet, where applicable, provides approximate and alternate dates of our service. Thrive shall not be liable for damage or losses due to delays for weather or causes beyond our control, or for failure to observe precaution notices. By accepting this Agreement and engaging our services, you accept that every day during the Agreement’s term is a day on which applications may be applied, and you are continuously on notice that Langs Lawn and Tree Care Pest Control will perform applications on any day during the term of this Agreement if any other day becomes unnecessary or infeasible for performance (due to weather, scheduling conflicts, or weed, insect, mite and disease cycles) in which case you waive Langs Lawn and Tree Care Pest Control’s performance on such a day. Absent extraordinary circumstances, you request that Langs Lawn and Tree Care Pest Control not further contact you concerning dates of application as such further contact would be a burden to you.

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The following provision applies to New York and Minnesota clients only: The term of this Agreement shall be for twenty years from the date it is signed by you; however this Agreement may be terminated without penalty at any time by either party. Minnesota clients are required to cancel this Agreement upon sale of property serviced with this Agreement.

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WORKMANSHIP – All work is performed in a professional manner by experienced personnel outfitted with the appropriate tools and equipment to complete the job properly. Our work meets and exceeds the guidelines and standards set forth by ANSI (the American National Standards Institute).

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You have a duty to inspect your property within fifteen (15) calendar days of service and provide written notice within that time of alleged damage of any nature. If written notice is not provided within that time, you agree that any claims alleging damage of any nature and/or rights to withhold future payments under this Agreement are waived.

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NO WARRANTIES – Except as expressly set forth in this agreement, no representations, warranties, or guarantees, express or implied, are intended with regard to products used or services performed.

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INSURANCE – Langs Lawn and Tree Care Pest Control is insured for liability resulting from injury to persons or negligent damage to property, and all its employees are covered by Workers’ Compensation Insurance. A certificate of insurance is available upon request.

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OWNERSHIP – By accepting this Agreement and engaging our services, you warrant that all plant material and property on which work is to be performed are either owned by you or that permission for the work has been obtained from the owner by you. It is further agreed that the property owner or representative shall be responsible for obtaining any and all permits which may be required by local authorities. You hereby agree to defend, indemnify, and hold Langs Lawn and Tree Care Pest Control harmless from all claims for damages resulting from your failure to obtain such permits and/or your failure to obtain proper permissions for Langs Lawn and Tree Care Pest Control to perform our services.

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TERMS OF PAYMENTS – The total cost estimates within this Agreement are valid for 60 days unless otherwise noted. Langs Lawn and Tree Care Pest Control may apply a fuel and transportation surcharge to services performed under this Agreement, provided that notice of such surcharge is given to you in the applicable proposal, estimate, renewal notice, service notification, or invoice issued before the affected service is performed or charged. Clients have the option to prepay their program (provides the most cost savings with prepay discount); have a credit card on file, which will be charged upon completion of the services; ACH payment, which is an automatic debit; monthly invoices with autopay (where applicable); or be invoiced when services are rendered. All invoices are payable upon receipt. A finance charge at the maximum rate allowed under applicable state law will be added to invoices after 30 days. Your next service may not be performed if your account is past due. Past due balances void any guarantees and/or warranties. If outside assistance is used to collect the account, you are responsible for all costs associated with the collection including, but not limited to, reasonable attorneys’ fees and court costs. Sales tax, if applicable, will be added to the amounts of this Agreement per your local and state tax jurisdiction. Should any terms of this Agreement be amended, subsequent payment for our services shall constitute your written acceptance thereof. The following provision applies to New York clients only: By accepting this Agreement and engaging our services, you accept that the annual program total cost shall increase on January 1st of each year of this Agreement by the annual increase in the CPI (CPI-U) published on www.bls.gov for twelve months ending September 30, unless otherwise agreed, with a minimum annual increase of 1%. Further, you hereby acknowledge that you have received notice of and understand the total cost of Langs Lawn and Tree Care Pest Control’s services.

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CONCEALED CONTINGENCIES – You agree to pay Thrive on a time and materials basis for any additional work required to complete the job occasioned by concrete or other foreign matter; stinging insect nests in the tree, trees, or branches; rock, pipe, or underground utilities encountered in excavations; and work not described within this Agreement, or any other condition not apparent in estimating the work specified. You are responsible for advising Thrive regarding the location of underground utilities in the area where work is to be done, including, but not limited to, notifying the proper authorities and marking underground utilities and/or any concealed object. Thrive shall not be responsible for damage to such utilities or concealed objects. Furthermore, Thrive shall not be required to perform any services under this Agreement in the event Thrive deems the conditions are such that its services cannot be safely performed and/or performance becomes impractical.

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STATE NOTIFICATION REQUIREMENTS – Certain states require that specific product information be submitted to you. If required, attached to this Agreement is our Datasheet, which provides such information. The Datasheet also can be found at www.savatree.com/ds/index.html. Massachusetts clients should see the Consumer Information Bulletin at www.savatree.com/ds/macnsminfo. You have the right to receive specific date pre-notification for certain applications in certain states. Your written authorization on the Authorization Page of this Agreement waives any pre-notification requirement unless noted otherwise. In New York State, the property owner or owner’s agent may request the specific date or dates of the application(s) to be provided and, if so requested, the pesticide applicator or business must inform of the specific dates and include that date or dates in the contract. In Wisconsin: Upon request, any of the following will be provided prior to a pesticide application: brand, product, or common chemical name and a copy of the label of each pesticide that may be applied; date of application (may be provided orally, if you agree); and the name, business address, and telephone number for more information about the application.

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LIMIT OF LIABILITY – Langs Lawn and Tree Care Pest Control’s total liability for any losses, damages, and expenses of any type whatsoever incurred by you or any of your guests, tenants, or invitees in connection with or resulting from Langs Lawn and Tree Care Pest Control’s services under this Agreement (“Losses”), which are caused by wrongful acts or omissions of Langs Lawn and Tree Care Pest Control, shall be limited solely to proven direct and actual damages in an aggregate amount not to exceed the amounts actually paid to Langs Lawn and Tree Care Pest Control hereunder. In no event will Langs Lawn and Tree Care Pest Control be liable for special, indirect, incidental or consequential damages, irrespective of the form or cause of action, in contract, tort or otherwise, whether or not the possibility of such damages has been disclosed to Langs Lawn and Tree Care Pest Control in advance or could have reasonably been foreseen by Langs Lawn and Tree Care Pest Control.

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FORCE MAJEURE – Thrive shall not be liable for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, earthquake, war, attack, strikes, revolutions, lack or failure of transportation facilities, laws, or governmental regulations or other causes that are beyond the reasonable control of such party.

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ARBITRATION – Any dispute, controversy or claim arising out of or relating to this Agreement or the breach thereof, the work performed by Langs Lawn and Tree Care Pest Control for you, and/or any commission or omission by Langs Lawn and Tree Care Pest Control, shall be submitted to and determined by arbitration before a single arbitrator pursuant to the Commercial Rules of the American Arbitration Association. The arbitration shall be held at the American Arbitration Association office closest to the site at which Langs Lawn and Tree Care Pest Control performed the underlying services for you. The arbitration award shall be final and binding. Judgment on the award may be entered in any Court having competent jurisdiction thereof.

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YOUR SATISFACTION IS IMPORTANT – Should our service fall short of your expectations, please contact us immediately and we will do everything we can to make it right.

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