IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO CUSTOMER IN THE EVENT OF A DISPUTE BETWEEN CUSTOMER AND SUNBLEST LAWN LLC (SUNBLEST LAWN CARE. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”
CUSTOMER ACKNOWLEDGMENT. Customer hereby acknowledges that: 1) Customer is 18 years of age or older and has authority to enter into a contract for lawn care services; and 2) that Customer has read and fully understands the following terms and conditions which shall be deemed a binding part of Customer’s contract with SunBlest Lawn Care for lawn care services. Customer further acknowledges that these terms and conditions are a material inducement for SunBlest Lawn Care’s agreement to enter into a contract with Customer for lawn care services.
OUR GUARANTEE. For Customers purchasing 5 or more fertilization and weed control applications in a season, SunBlest Lawn Care will revisit Customer’s property as often as needed between scheduled visits to make any necessary fertilizing or weed control adjustments and to ensure Customer’s satisfaction.
CONTINUOUS SERVICE. To optimize the effectiveness of the services provided, Customer’s plan shall continue from year to year without any action on Customer’s part. This includes any services purchased initially or added at a later time. Remember, Customer’s plan will continue unless Customer contacts SunBlest Lawn Care at 317-570-8000 or email@example.com to cancel. Customer or SunBlest Lawn Care may cancel service at any time, subject to Customer’s obligation to pay for all contracted services as provided herein. All pre-paid amounts shall be NON-REFUNDABLE and any remaining account balance for pre-pay Customers that terminate their annual plan early (prior to completion of all scheduled plan applications) shall remain the property of SunBlest Lawn LLC.
COST OF SERVICES/BILLING. Except as otherwise set forth herein, billing for each lawn application (and applicable fuel surcharges) will occur after service is rendered with payment due upon receipt of invoice. The cost of individual services in a Customer’s plan may vary from year-to-year. Current year discounts may not apply in subsequent years. Any credits or discounts offered by SunBlest Lawn Care shall only be applied to future SunBlest Lawn Care services and are not redeemable by Customer for cash.
LATE FEES. A service charge of 0.50% per month shall be added to the unpaid balance of all accounts not paid within 30 days. If payment is not made, you agree to be responsible for and reimburse SunBlest Lawn Care for all costs of collection, including any court fees and attorney’s fees incurred for the collection of your account.
NON-PAYMENT/DEFAULT. The obligation of SunBlest Lawn Care hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall cancel this contract in its entirety and discharge SunBlest Lawn Care of any liability. All amounts paid shall be deemed the property of SunBlest Lawn Care.
ACCESS TO PROPERTY. Customer authorizes SunBlest Lawn Care to access Customer’s property on days and times of SunBlest Lawn Care’s choosing to provide the services requested. SunBlest Lawn Care may further move personal property on the grounds as may be reasonably needed to perform its services.
CONTACT INFORMATION. By providing your phone number to SunBlest Lawn Care, Customer expressly consents for SunBlest Lawn Care, along with its agents and affiliates, to contact Customer by telephone, including through the possible use of an automatic telephone dialing system or other automated technology, text and pre-recorded message, with marketing messages, offers and other information regarding SunBlest Lawn Care’s products and services. Customer expressly consents to be contacted through such means at the telephone numbers (including wireless numbers) that Customer provides to SunBlest Lawn Care. Customer represents and warrants that any mobile or wireless telephone number provided belongs to Customer and is associated with Customer’s account for a mobile device in Customer’s possession. Customer agrees to notify SunBlest Lawn Care immediately if Customer’s mobile or wireless telephone number changes and furthers agree to indemnify and hold SunBlest Lawn Care harmless for all claims, damages, and liabilities resulting from Customer’s failure to do so. Consent is not a requirement of purchase. Should Customer have any questions about which addresses, telephone numbers or email addresses Customer provided to SunBlest Lawn Care, or should Customer wish to stop receiving calls from SunBlest Lawn Care, please review your account information or call SunBlest Lawn Care at 317-570-8000.
BINDING EFFECT. This document constitutes a valid agreement between Customer and SunBlest Lawn Care. The rights and obligations created hereunder are binding upon Customer and SunBlest Lawn Care and their respective successors. SunBlest Lawn Care may assign any of its rights and obligations to another company. No other person shall acquire or have any rights under or by virtue of these Terms & Conditions.
MODIFICATIONS. SunBlest Lawn Care reserves the right to revise its terms and conditions from time to time. Customer will be notified of any changes and agrees that Customer’s continued use of SunBlest Lawn Care services after receiving such notice constitutes acknowledgement and agreement to be bound by the revised terms and conditions.
WAIVER / SEVERABILITY. SunBlest Lawn Care’s failure to enforce any of these Terms or Conditions shall not be deemed a waiver of SunBlest Lawn Care’s rights. If a court finds a provision in this Agreement to be invalid, Customer and SunBlest Lawn Care agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid and enforceable.
SURVIVAL. The terms and provisions contained herein that by their nature and content are intended to survive the performance of SunBlest Lawn Care’s obligations shall so survive the completion of the performance, expiration and termination of this Agreement.
NOTICE OF CLAIM AND OPPORTUNITY TO CURE. Before any claim can be asserted by Customer against SunBlest Lawn Care arising from any alleged breach of its service contract, or asserting damage or injury to person or property arising from any act or omission on the part of SunBlest Lawn Care or its agents, employees, or representatives, Customer must provide timely written notice to SunBlest Lawn Care identifying and documenting the damage or injury alleged and the acts or omissions that are the basis of Customer’s claim. The written Notice of Claim must be presented by Customer to SunBlest Lawn Care within 60 days of the date of the alleged act or omission that caused damage, regardless of the date upon which the damage was first observed. SunBlest Lawn Care will have 60 days following its receipt of Customer’s Notice of Claim to investigate Customer’s claim and to correct any deficiency or repair any damage that SunBlest Lawn Care determines to have been its responsibility. Customer agrees to provide SunBlest Lawn Care reasonable access and a reasonable opportunity to observe, test, document, and investigate Customers damage claims, and to effect remedial measures. The failure of Customer to submit a timely written Notice of Claim constitutes an irrevocable acceptance by Customer of the sufficiency of SunBlest Lawn Care’s performance of its contractual obligations. Customer waives and releases all claims for damage or injury allegedly arising from any act or omission on the part of SunBlest Lawn Care or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.
TIME LIMIT FOR FILING CUSTOMER CLAIMS. Notwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against SunBlest Lawn Care are barred if such claims are not initiated within one year of the last date of service provided by SunBlest Lawn Care to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when SunBlest Lawn Care receives a written demand for arbitration of such claim. If the arbitration provisions of this contract are determined inapplicable or unenforceable to such claim, the claim is not “initiated” until SunBlest Lawn Care receives service of a Summons and Complaint.
MANDATORY ARBITRATION. Customer and SunBlest Lawn Care agree that all claims by Customer against SunBlest Lawn Care which in any way relate to this contract, or to the lawn care services provided to Customer by SunBlest Lawn Care, will be resolved by mandatory binding arbitration. This arbitration requirement applies to all claims, regardless of the legal theory under which such claim is brought, including claims sounding in contract, tort, strict liability, fraud, or based on statute. The arbitration shall be conducted in Marion County Indiana under the Commercial Arbitration Rules of the American Arbitration Association.
LIMITATION OF LIABILITY. In no event shall SunBlest Lawn Care be liable to Customer, and Customer expressly waives and agrees to make no claim for, intangible, consequential, incidental, or indirect damages, including, by way of example, loss of use of property, lost profits, loss of business, damage to reputation, business interruption, or emotional or mental injury.
In no event shall SunBlest Lawn Care be liable to Customer, and Customer expressly waives and agrees to make no claim for exemplary or punitive damages, or for statutory minimum damages or treble damages or costs or attorney fees. In any claim for damage to Customer’s lawn, plants or landscaping, SunBlest Lawn Care’s liability is limited to, and shall not exceed, the amount Customer paid for the lawn care application alleged to have caused the damages claimed by Customer.
GOVERNING LAW / VENUE. If the arbitration provisions of this contract are determined to be inapplicable or unenforceable as to any claim of Customer against SunBlest Lawn Care, any litigation between Customer and SunBlest Lawn Care shall be governed by Indiana law and resolved exclusively in the State or Federal courts located in Marion County Indiana. Customer agrees to personal jurisdiction and venue in Marion County Indiana. Customer expressly waives any right to a trial by jury in any litigation against SunBlest Lawn Care.
ATTORNEYS FEES. If litigation or arbitration is initiated against SunBlest Lawn Care by Customer in violation of the terms of this Agreement, or if SunBlest Lawn Care initiates litigation or arbitration against Customer to enforce SunBlest Lawn Care’s rights under the terms of this agreement, Customer agrees to pay SunBlest Lawn Care’s litigation / arbitration costs, including attorney fees, incurred in successfully enforcing the terms of this Agreement.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER EXPRESSLY WAIVES ANY AND ALL RIGHTS TO MAKE A CLAIM FOR DAMAGES AS A CLASS MEMBER IN ANY CLASS ACTION OR AS PART OF A PLAINTIFF GROUP. CUSTOMER AND SunBlest Lawn Care AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A MEMBER OF ANY CLASS OR AS PART OF A CLASS OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT CONSENT TO THE CONSOLIDATION OF HIS OR HER CLAIMS WITH THE CLAIMS OF ANY OTHER CUSTOMER OR GROUP OF CUSTOMERS WITHOUT THE EXPRESS WRITTEN CONSENT OF SunBlest Lawn LLC.