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Residential Landscape Maintenance Service

These Terms & Conditions (“Terms & Conditions”) are incorporated into and made part of the estimate, quote, bid or proposal (“Agreement”) between the property owner, the property owner’s agent or representative, builder/contractor (“Owner”) and Renfroe & Jackson (the “Company”). The Company will provide residential landscape labor and equipment for basic lawn and landscape maintenance services (“Included Services”) as described below for a period of twelve (12) months beginning with the agreed upon commencement schedule between the Owner and the Company.

\nIncluded Services: Included Services to be provided under the Agreement are outlined below and shall constitute the full scope of the Company’s obligations unless otherwise agreed in writing.

a. Mowing Services: Weekly, Bi-Weekly, or as needed, of sodded areas to maintain a trim and manicured appearance.

b. Edging Services: Driveways, walkways, curbs, and planting beds, to maintain a trim and neat appearance.

c. Trimming and Pruning Services: Trim and prune shrubbery, hedges, and ornamental plants to ensure a neat appearance while preserving their natural shape when appropriate.

d. Blow Off Services: Blow off trimmings from walkways and driveways following grass and shrub cutting. Wet conditions may hinder the effective removal of debris and clippings, which could result in residual material remaining on walkways, driveways or hardscape surfaces.

e. Weed Control Services: Weed control in beds and around trees and palms, as needed.

f. Debris Removal: Debris from weekly service will be removed during each visit; storm or unrelated debris incurs extra charges.

g. Fertilizer Services: Fertilizer will be applied to turf, plantings, and trees based on product type and seasonal needs. Additional charges may apply for corrective treatments or seasonal flower fertilization.

h. Palms and Tree Services: Palms and trees will be regularly trimmed up to twelve (12) feet; extra trimming due to heights above twelve (12) feet, weather or environmental events may incur additional charges.

i. Spray Services: Pest control for shrubs, plantings, small trees, and turf will be performed. Extra treatments due to weather or environmental factors may incur additional charges. Spraying may be subcontracted.

j. Irrigation Services: Irrigation systems will be inspected monthly. Repairs or modifications to support plant and turf health will be performed as needed and billed hourly at current labor rates plus parts and materials.

2. Commencement Schedule: The start date for residential landscape maintenance services shall be mutually agreed upon by the Owner and the Company. Service commencement is subject to site readiness, weather conditions, and scheduling availability. Any changes to the agreed start date must be communicated in writing and confirmed by both parties.

3. General Liability and Service Limitations: The Company shall not be held responsible and offers no warranties or guarantees for conditions or damages beyond its control. This includes, but is not limited to: pest infestations (e.g., nematodes, whiteflies), invasive weeds (e.g., nutsedge, creeping charlie), plant diseases (e.g., Ganoderma, lethal bronzing, lethal yellowing), non-curable or untreatable conditions, adverse weather events (e.g., freeze damage, strong winds, excess or insufficient water), storm or hurricane cleanup, irrigation overspray, or damage caused by people or animals. The Company is not liable for underground pipes or wires that are improperly located or buried too shallow to avoid damage during routine maintenance. Additionally, the Company assumes no responsibility for damage to pool screens, light fixtures, or other structures within or adjacent to the landscaped area that are not adequately protected from standard maintenance activities. Natural, native, or exotic vegetation, including preserves such as palmetto stands, hammocks, and marsh areas, is excluded from service unless otherwise agreed upon, subject to environmental, permitting, and ownership constraints. Debris removal from areas cleared by others is not included. The Company does not guarantee the health or longevity of annual flowers or plantings not installed by the Company. While the Company will make a good faith effort to maintain the landscape’s health and appearance, it does not assume ownership or liability beyond the scope of agreed services. Weekly visits may not be sufficient to detect all issues, and the Owner is encouraged to actively monitor the property. In the event of accidental damage solely caused by the Company, the Owner agrees to allow the Company to perform or coordinate corrective repairs. The Company is not responsible for payments or credits to third-party contractors not hired by the Company.

4. Freeze Damage Liability Waiver and Preventive Services: The Company shall not be held liable for any damage resulting from freezing temperatures to flowers, plants, turf, trees, or palms regardless of any prior maintenance or service provided. Upon request, the Company may offer freeze protection services, such as covering flowering annuals with pine straw or freeze cloth for an additional fee. These measures are intended to help mitigate potential damage but do not guarantee prevention. The Owner acknowledges and agrees that the Company makes no warranty, express or implied, regarding the effectiveness of such protective actions. It is the Owner’s sole responsibility to notify the Company in advance if freeze protection is desired. Freeze services will be billed at the Company’s current labor rates, plus the cost of materials, and will be scheduled based on availability.

5. Payment Terms: Monthly Residential Landscape Maintenance Services are billed at the start of each month and are due upon receipt. A credit card is required to be on file and will be automatically charged on the first of each month. Authorization remains active until canceled in writing to customerservice@renfroejackson.com with thirty (30) days’ notice. Extra services are invoiced separately upon completion and due upon receipt.

6. Price Escalation: Annual price adjustments will take effect on January 1st and are based on factors such as inflation, market conditions, and the cost of goods and services. Any increase shall not exceed 5% of the previous year’s pricing unless otherwise agreed upon in writing by both parties. Contracts signed after June may be subject to prorated rates or case-by-case adjustments. The Company typically provides written notice of upcoming price changes via email in November; however, timing and method of notice may vary depending on circumstances.

7. Termination of Services: The Agreement shall automatically renew for successive twelve (12) month periods unless either party terminates the Agreement with thirty (30) days’ written notice. In the event of nonpayment by the Owner, the Company reserves the right to suspend or terminate services immediately without further notice. Upon termination, the Owner shall remain responsible for payment of all services rendered up to the termination date, including any applicable fees related to collections, legal action, or recovery of outstanding balances.

8. Named Storms/Extreme Weather: In the event of a named storm or extreme weather, landscape services may be suspended, delayed, or modified due to safety concerns, accessibility issues, or damage to Owner’s property. The Company shall not be held liable for delays, damages, or failure to perform services caused directly or indirectly by such events. Upon conclusion of the named storm or extreme weather, the Company may offer post-storm cleanup services, including but not limited to debris removal, tree trimming, and restoration of landscaped areas, subject to availability and for an additional fee. The scope and cost of such services shall be determined based on the extent of damage and agreed upon in writing through an estimate by Owner and the Company prior to commencement

9. Excluded Services: The following services are not included in the Included Services and shall be provided only upon request and subject to a separate written estimate: installation of flowers and mulch; turf installation and removal; tree trimming for trees, palms, plants or shrubs exceeding twelve (12) feet in height; treatment for whitefly, grubs, and other pests; nutritional corrections for plant health; remediation, removal or disposal of storm-related debris or other environmental events, including trimming as appropriate; irrigation system parts, repairs, and labor; application of micronutrient packages with pigment; low voltage landscape lighting installation or repairs; landscape design and installation of landscape materials; lake maintenance; preserve area maintenance; pump station maintenance. See also Geneal Liability and Service Limitations.

Commercial Landscape Maintenance Service

These Terms & Conditions (“Terms & Conditions”) are incorporated into and made part of the estimate, quote, bid or proposal (“Agreement”) between the property owner, the property owner’s agent or representative, builder/contractor, property manager, agent or property management company, homeowners association, or condominium association (“Owner”) and Renfroe & Jackson (the “Company”). The Company will provide commercial landscape labor and equipment for basic lawn and landscape maintenance services (“Included Services”) as described below for a period of twelve (12) months beginning with the agreed upon commencement schedule between the Owner and the Company.

1. Retention of Services: The Owner hereby engages the Company to provide the services described herein (the “Included Services”) in exchange for the compensation set forth in the Agreement. The Agreement contemplates the provision of ongoing Services and does not constitute a contract for a specific number of labor hours. The Company shall have the right, in its sole discretion, to engage qualified subcontractors to perform portions of the Services that require specialized expertise or equipment.

2. Included Services: Included Services to be provided under the Agreement are outlined below and shall constitute the full scope of the Company’s obligations unless modified or supplemented in writing and agreed by both parties.

a. Mowing Services: Weekly, Bi-Weekly, or as needed, of sodded areas to maintain a trim and manicured appearance.

b. Edging Services: Driveways, walkways, curbs, and planting beds, to maintain a trim and neat appearance.

c. Trimming and Pruning Services: Trim and prune shrubbery, hedges, and ornamental plants to ensure a neat appearance while preserving their natural shape when appropriate.

e. Weed Control Services: Weed control in beds and around trees and palms, as needed.

f. Debris Removal: Debris from weekly service will be removed during each visit; storm or unrelated debris incurs extra charges.

i. Spray Services: Pest control for shrubs, plantings, small trees, and turf will be performed. Extra treatments due to weather or environmental factors may incur additional charges. Spraying may be subcontracted.

3. Commencement Schedule: The start date for commercial landscape maintenance services shall be mutually agreed upon by the Owner and the Company. Service commencement is subject to site readiness, weather conditions, and scheduling availability. Any changes to the agreed start date must be communicated in writing and confirmed by both parties.

4. Initial Inspection and Remediation Services: Before commencing Services, the Company shall inspect the grounds (the “Initial Inspection”) to identify any material issues, including irrigation deficiencies, nutrient imbalances, plant damage, pests, or disease. The Company will provide written notice of any findings and proposed remediation costs (“Remediation Costs”). The Owner shall respond in writing within five (5) business days, indicating acceptance or rejection of the proposed Remediation Costs. The Company shall not be liable for any issues resulting from the Owner’s decision to decline any recommended Remediation Costs. For clarity, Remediation Costs are not included in the scope of this Agreement and shall be billed as Additional Service Fees pursuant to Section 6. The Initial Inspection is visual and non-invasive. The Company makes no representations or warranties regarding latent or concealed conditions that are not reasonably discoverable through such inspection.

5. Compensation: In consideration for the Included Services, the Owner agrees to pay the Company the monthly fee (“Monthly Fee”) specified in the Agreement and defined in these Terms & Conditions, along with any additional amounts for (i) Remediation Costs; (ii) Emergency Services (as defined below); and (iii) other work, materials, lake maintenance, preserve area maintenance, pump station maintenance, or maintenance requested by the Owner and approved by the Company in writing (“Additional Service Fees”). The Monthly Fee and any applicable Additional Service Fees (collectively, the “Compensation”) shall be invoiced monthly in accordance with Section 6.

6. Invoicing and Payment Terms: The Company shall submit an invoice for the Monthly Fee on the first day of each calendar month, which shall be due upon receipt. Invoices for Additional Service Fees, including Remediation Costs and Emergency Services, shall be submitted upon completion of the applicable work, which shall be due upon receipt. Any unpaid amounts not received within thirty (30) days of the invoice date shall accrue interest at an annual rate of eighteen percent (18%), calculated on the basis of a 360-day year and a 30-day month, from the date payment was due until paid in full.

7. Annual Price Adjustments: Annual price adjustments shall take effect on January 1st and may reflect factors such as inflation, market conditions, and changes in the cost of goods and services. Any increase shall not exceed five percent (5%) of the prior year’s pricing unless otherwise agreed in writing by both parties. An Agreement executed after June may be subject to prorated rates or case-by-case adjustments. The Company typically provides written notice of any upcoming price changes via email in August; however, the timing and method of such notice may vary based on circumstances. The Owner shall have a thirty (30) day period to review and negotiate the proposed adjustment in good faith. If no written objection or counterproposal is received by the Company within the thirty (30) day period, the proposed adjustment shall be deemed accepted and will take effect as scheduled. Notwithstanding the foregoing, the Company may delay or modify the timing or amount of any price adjustment in response to extraordinary circumstances, including but not limited to natural disasters, economic emergencies, or other events beyond the reasonable control of either party. Any such modification shall be communicated to the Owner in writing as soon as practicable.

8. Emergency Services and Force Majeure: In the event of a natural emergency or other Act of God, including, but not limited to, named tropical storms or hurricanes, the Owner acknowledges that the Company may need to perform services necessary to protect the safety, welfare, and appearance of the Owner’s property (“Emergency Services”). Regular maintenance services may be suspended until Emergency Services and related cleanup are completed. The Monthly Fee shall remain in effect and will not be prorated. The Company will make reasonable efforts to provide advance written notice, typically via email, to seek approval from the Owner prior to performing Emergency Services following a named storm. Such approval may be granted without the Company providing a detailed estimate of Additional Service Fees. If the Owner provides advance approval, the Owner agrees to pay all costs associated with Emergency Services, which shall be treated as Additional Service Fees and invoiced in accordance with Section 6. Any Owner who has not provided advanced written authorization for Emergency Services shall be required to approve a cost estimate prior to commencement of such services.

9. Landscape Maintenance Frequency Schedule (LMF): The Landscape Maintenance Frequency Schedule (“LMF”) shall be completed at the time of execution of the Agreement and submitted concurrently with the Estimate. The LMF outlines the months and frequency with which the Company performs each category of commercial landscape maintenance services throughout the calendar year. The LMF is hereby incorporated into this Agreement by reference and shall be deemed an integral part thereof. The Company shall make reasonable efforts to adhere to the schedule set forth in the LMF; however, the Company shall not be held liable for any delays, omissions, or deviations from the schedule caused by circumstances beyond its reasonable control, including but not limited to inclement weather, labor shortages, equipment failure, or governmental restrictions. The Company does not guarantee specific results or outcomes from the services performed under the LMF and shall not be responsible for any indirect, incidental, or consequential damages arising from or related to the performance or non-performance of Included Services described therein.

10. General Liability and Service Limitations: The Company shall not be held responsible and offers no warranties or guarantees for conditions or damages beyond its control. This includes, but is not limited to: pest infestations (e.g., nematodes, whiteflies), invasive weeds (e.g., nutsedge, creeping charlie), plant diseases (e.g., Ganoderma, lethal bronzing, lethal yellowing), non-curable or untreatable conditions, adverse weather events (e.g., freeze damage, strong winds, excess or insufficient water), storm or hurricane cleanup, irrigation overspray, or damage caused by people or animals. The Company is not liable for underground pipes or wires that are improperly located or buried too shallow to avoid damage during routine maintenance. Additionally, the Company assumes no responsibility for damage to pool screens, light fixtures, or other structures within or adjacent to the landscaped area that are not adequately protected from standard maintenance activities. Natural, native, or exotic vegetation, including preserves such as palmetto stands, hammocks, and marsh areas, is excluded from service unless otherwise agreed upon, subject to environmental, permitting, and ownership constraints. Debris removal from areas cleared by others is not included. The Company does not guarantee the health or longevity of annual flowers or plantings not installed by the Company. While the Company will make a good faith effort to maintain the landscape’s health and appearance, it does not assume ownership or liability beyond the scope of agreed services. Weekly visits may not be sufficient to detect all issues, and the Owner is encouraged to actively monitor the property. In the event of accidental damage solely caused by the Company, the Owner agrees to allow the Company to perform or coordinate corrective repairs. The Company shall not be held liable for any fines, penalties, or costs imposed on the Owner arising from water usage, including but not limited to violations of local water use restrictions, ordinances, laws, rules, or guidelines related to landscaping or lawn maintenance. Additionally, the Owner acknowledges that the planting of vegetation, flowers, or other plant material in locations that are unsuitable or unnatural, or the use of plant species not appropriate for the climate and conditions of this region of Florida, may result in plant decline or death. The Company shall not be responsible for any such outcomes that are beyond its control. The Company is not responsible for payments or credits to third-party contractors not hired by the Company.

11. Freeze Damage Liability Waiver and Preventive Services: The Company shall not be held liable for any damage resulting from freezing temperatures to flowers, plants, turf, trees, or palms regardless of any prior maintenance or service provided. Upon request, the Company may offer freeze protection services, such as covering flowering annuals with pine straw or freeze cloth for Additional Service Fees. These measures are intended to help mitigate potential damage but do not guarantee prevention and will be scheduled based on availability. The Owner acknowledges and agrees that the Company makes no warranty, express or implied, regarding the effectiveness of such protective actions. It is the Owner’s sole responsibility to notify the Company in advance if freeze protection is desired. Additional Service Fees will be invoiced according to section 6.

12. Excluded Services: The following services are not included in the Included Services and shall be provided only upon request and subject to a separate written estimate and Additional Service Fees: installation of flowers and mulch; turf installation and removal; tree trimming for trees, palms, plants or shrubs exceeding twelve (12) feet in height; treatment for whitefly, grubs, and other pests; nutritional corrections for plant health; remediation, removal or disposal of storm-related debris or other environmental events, including trimming as appropriate; irrigation system parts, repairs, and labor; application of micronutrient packages with pigment; low voltage landscape lighting installation or repairs; landscape design and installation of landscape materials; lake maintenance; preserve area maintenance; pump station maintenance. See also General Liability and Service Limitations.

13. Termination of Services: The Agreement shall automatically renew for successive twelve (12) month periods from the Commencement Schedule unless either party terminates the Agreement with sixty (60) days’ written notice. In the event of nonpayment by the Owner, the Company reserves the right to suspend or terminate services immediately without further notice. Upon termination, the Owner shall remain responsible for payment of all services rendered up to the termination date, including any applicable fees related to collections, legal action, or recovery of outstanding balances.

14. Insurance: The Company shall maintain insurance coverage that is commercially reasonable for the nature of its services and in compliance with all applicable laws and regulations. Proof of such insurance policies shall be made available to the Owner upon written request.

15. Limitation of Liability and Mutual Indemnification: Each party agrees to be responsible for its own actions and will indemnify, defend, and hold harmless the other party; including its officers, directors, employees, agents, and subcontractors from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) that arise from: (i) a breach of this Agreement, or (ii) negligent or wrongful acts or omissions by the indemnifying party or its representatives. However, to the fullest extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, or consequential damages including loss of profits, loss of use, or damage to property arising out of or related to this Agreement, even if advised of the possibility of such damages. In all cases, each party’s total liability under this Agreement shall be limited to the amount of fees actually paid by the Owner to the Company for the specific services giving rise to the claim within the twelve (12) months prior to the event. These provisions shall survive the termination or expiration of this Agreement.

16. Mandatory Arbitration: This Agreement shall be governed by the laws, rules and regulations of the State of Florida. Both parties agree that they will initially attempt to resolve disputes through discussions among principals appointed by each company. Failing resolution, the parties shall attempt to resolve disputes through mediation conducted in accordance with the Mediation Rules of the American Arbitration Association. The parties agree that any dispute arising out of, concerning, or in any way relating to this Agreement, or the breach thereof, shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Fort Myers, Florida, unless otherwise agreed in writing by the parties. The decision of the arbitrator shall be final and binding upon the parties and shall be subject to judicial review in accordance with federal law. Judgment may be entered upon the arbitrator’s award and may be enforced in any court of competent jurisdiction. To the fullest extent permitted by law, the parties agree to equally share all costs and fees of the arbitration and arbitrator. Unless otherwise provided under applicable law, each party shall bear the costs and fees of its/his/her own attorney(s) and counsel. A claim shall be deemed barred and forever waived if it is not filed in accordance with the procedures and time limits provided in this Agreement. Further, the arbitrator’s authority shall be limited to deciding the case submitted for arbitration and to deciding the enforceability of the arbitration agreement.

17. Waiver of the Right to a Jury Trial: The parties further agree that should any litigation arise directly or indirectly under this Agreement, the parties hereby waive their respective rights to a jury trial, and the parties hereby stipulate that any such trial shall occur without a jury.

Landscape Construction

These Terms and Conditions (“Terms”) are incorporated into and form an integral part of the estimate, quote, bid, or proposal (“Agreement”) issued by Renfroe & Jackson (“Company”) to the property owner, the property owner’s authorized agent or representative, or builder/contractor (“Owner”). The Company acknowledges that the Owner may enter into a separate contract or agreement with the Company, which may incorporate these Terms by reference, subject to mutual written consent.

1. Definitions:

a. Owner: The property owner or their authorized agent, representative, or contractor.

b. Company: Renfroe & Jackson.

c. Agreement: The estimate, quote, bid, or proposal incorporating these Terms. d. Plant Material: Trees, shrubs, groundcover, sod, seasonal color, and other vegetation supplied by the Company.

2. Scope of Work: The Company shall furnish all necessary landscape materials, labor, and installation services, and may provide optional maintenance services, as specified in the Agreement and subject to these Terms.

3. Sod Estimation Disclaimer: All sod estimates account for 10% wasted or unused sod from the top and bottom of each pallet. This allowance is included to accommodate handling loss, trimming, and irregular pallet stacking.

4. Plant Material Guarantee and Warranty: All plant material provided and installed by the Company shall be free from visible defects and installed in a professional and workmanlike manner. Upon completion, all plant materials shall be in a healthy condition and fertilized to support initial establishment.

a. Warranty Periods: Subject to the Owner’s compliance with proper maintenance practices, the Company warrants plant material for the following durations from the date of installation completion:

i. Trees and Palms: One (1) year

ii. Shrubs and Groundcover: Six (6) months

iii. Littorals: Ninety (90) days

iv. Sod and Seasonal Color: Thirty (30) days

b. Warranty Conditions: This warranty is void if plant failure results from:

i. Neglect, misuse, or improper care by the Owner or third parties

ii. Acts of God (e.g., extreme weather, flooding, drought, freezing temperatures)

iii. Vandalism, theft, or external damage

iv. Undisclosed soil contamination or drainage issues

v. Improper irrigation, fertilization, or watering practices

vi. Salt intrusion or contaminated water sources

vii. Failure to implement pest or disease control measures

viii. Post-installation disease or pest infestations

ix. Chemical spills or environmental contamination

x. Water restrictions or fines imposed by authorities

5. Exclusions: The warranty excludes replacement due to seasonal changes, natural growth characteristics, or aesthetic preferences. Warranty replacement is limited to a one-time replacement per item and does not extend or renew the original warranty period.

a. Specifically excluded plant materials include:

i. Palms affected by Spiraling Whitefly, Lethal Yellowing, Lethal Bronzing, Fusarium Wilt, or Ganoderma butt rot

ii. Citrus trees (due to incurable diseases)

iii. Transplanted plant material

b. Warranty Disclaimer for Supplier-Installed Plant Materials: Specialty or specimen trees and palms (e.g., Canary Island Date Palm), that are installed directly by a third-party supplier (e.g., nursery) shall be warranted exclusively by that supplier, pursuant to its standard warranty terms and conditions. The Company shall not be responsible for or liable for any defects, failures, or warranty claims arising from such materials. Upon request by the Owner, the Company will reasonably cooperate with the Owner to facilitate the initiation of a warranty claim with the supplier.

c. Disclaimer on Disease Treatment: The Company may offer general guidance on plant health and disease management but does not guarantee the effectiveness of any treatment. Many plant diseases are incurable or unpredictable. The Company shall not be liable for plant loss due to disease, pests, or environmental stressors beyond its control.

d. Lighting and Decorative Elements: This warranty does not cover rope lighting, holiday lighting, or decorative lighting unless explicitly included in the Agreement. Routine maintenance, adjustments, and cleaning are excluded and remain the Owner’s responsibility.

6. Freeze Damage Waiver and Preventive Services: The Company shall not be liable for damage caused by freezing temperatures to any plant material, regardless of prior installation or maintenance. Upon request, the Company may provide freeze protection services (e.g., covering annuals with pine straw or freeze cloth) for an additional fee. These services are offered as preventive measures only and do not guarantee protection. The Owner must notify the Company in advance to request such services.

7. Irrigation, Lighting, and Drainage Systems Warranty: All irrigation, lighting, and drainage systems installed by the Company are warranted to be free from defects in materials and workmanship at the time of installation. These systems are covered under a limited warranty for parts and labor for one (1) year from the installation date.

8. Pump Station Warranty Disclaimer: Pump station equipment is covered solely by the manufacturer’s warranty, which begins upon installation. This warranty supersedes any general project warranties. Warranty claims related to pump station components must be submitted in accordance with the manufacturer’s terms.

9. Post-Installation Landscape Maintenance and Warranty Conditions: The Company will provide landscape maintenance services for thirty (30) days following installation to support plant establishment and system stabilization. a. Ongoing Maintenance: Unless expressly included in the Agreement, ongoing landscape maintenance is not provided. The Owner is responsible for all post-installation care, including irrigation, fertilization, pruning, pest control, and general upkeep. Full-service maintenance is available under a separate contract. If the Owner does not engage the Company for maintenance services during and after installation, all plant material shall be subject to a limited thirty (30) day warranty, superseding the standard warranty periods listed above.

10. Access Limitations for Warranty Replacements: Warranty replacements are subject to site accessibility. If the site is inaccessible using the Company’s standard equipment, replacement will be made using the closest available match based on original specifications and pricing. In such cases, smaller specimens may be substituted. If access is not feasible, the warranty may be void for the affected item.

11. Municipal Parking Regulations and Ticket Liability: The Owner acknowledges that certain municipalities, including but not limited to Port Royal, Naples, Florida enforce parking regulations that prohibit service vehicles from parking on public streets. In accordance with these regulations, all service vehicles utilized by the Company must park off-street. The Owner further acknowledges that certain landscape services require the use of trucks and trailers to transport goods and equipment. If off-street parking is not available or provided by the Owner, and a citation or fine is issued as a result, the Company shall not be held liable. Any such citation or fine shall be the responsibility of the Owner and will be added to the final invoice.

12. Payment Requirement for Warranty Activation: In the event that a lien is placed on the property due to non-payment, all warranties provided by the Company, including but not limited to warranties for plant material, irrigation systems, lighting systems, and drainage systems, shall be automatically voided. Warranty coverage shall not be activated or honored until payment has been received in full. The Owner acknowledges and agrees that timely payment is a condition precedent to the enforcement of any warranty rights under this Agreement.

13. Rock Removal and Disposal Fees: If rocks or stone materials are discovered during the installation of landscape or irrigation systems and require removal, the Company will perform such removal at a rate of $2,900.00 per day, plus a per-ton disposal fee for off-site removal. If the Owner elects to have the stone piled on-site, no disposal fee will be charged; however, all responsibility for final disposal shall remain with the Owner.

14. Notification of Landscape Plan Changes: The Owner is required to promptly notify the Company of any changes to the approved landscape plans. Failure to provide timely notice may result in delays, additional charges, or voiding of applicable warranties.

15. Underground Utility Location and Liability: Prior to commencing work, the Company will contact the appropriate utility locating service (“no-cuts”) to identify and mark underground utilities, as applicable. The Company shall not be held responsible for any accidental or incidental damage to underground utilities that are 1) not clearly marked; 2) incorrectly marked; 3) unavoidable during the execution of the work. This includes, but is not limited to, damage to unmarked underground low-voltage wiring, cables, irrigation piping, sprinkler heads, drainage systems, and other subsurface features.

16. Scope Limitations and Third-Party Responsibilities: Unless explicitly stated in the Agreement, the following items are the responsibility of the Owner 1) fill and grade work; 2) exotic plant removal; 3) clean fill, backfill, and topsoil; 4) power source, water source, and backflow assembly for irrigation installation.

17. Change Orders and Additional Services: The Agreement is based on a defined scope of work as outlined in the original estimate or proposal. If, during the execution of the project, the Owner requests additional services, modifications, or changes not included in the original Agreement, such work shall be subject to additional charges. These charges will be documented through written change orders, which must be reviewed and approved by the Owner prior to commencement of the additional work. All approved change orders shall be incorporated into the Agreement and reflected in a separate invoice issued upon completion of the specific change order work.

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Last Updated: October 24, 2025

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