This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the performance of services by PD Lawn Care for the Client, and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing and signed by a managing partner of PD Lawn Care. In consideration of the covenants and conditions hereinafter set forth, PD Lawn Care and Client agree as follows:

1. DEFINITIONS

“PD Lawn” used herein means PD Lawn Care. “Client” as used herein means the Client of PD Lawn who requests services provided by PD Lawn. “Agreement” as used herein means the Lawn Service Agreement between PD Lawn and Client for the provision of services under the Terms and Conditions provided herein. The term “structure” as used herein means the Client’s residence and any buildings or structures agreed upon by the Parties to receive PD Lawn’s services.

2. TERMS & TERMINATION

The term of this Agreement shall be one (1) year from the date Client requests services and shall automatically renew for successive one year terms unless terminated by either Party. Either Party may terminate this Agreement, without penalty, upon thirty (30) days written notice to the other Party. Either party may terminate services at any time with or without cause and without further obligation to PD Lawn, except for payment due for services prior to the date of such termination.

3. SERVICES

All services shall be performed by qualified, experienced, trained personnel using practices and methods recognized as accepted standards in the lawn care industry. If the Client has any specific needs or issues with PD Lawn’s services that arise during the course of this Agreement please contact PD Lawn immediately so that these needs can be addressed.

The Client agrees to meet the terms of all reasonable requests of PD Lawn necessary to the performance of the PD Lawn's services under this Agreement.

4. MATERIAL

The products and service methods used by PD Lawn will be guided by all applicable federal, state, and local laws, rules and regulations. The work will be performed in a professional manner. All PD Lawn equipment and/or devices placed in, on, or around the structure remain the property of PD Lawn unless specified in writing. Client authorizes PD Lawn to retrieve equipment and devices upon termination of this Agreement. Reasonable care will be observed while performing any work hereunder to try to avoid damaging any part of the structure(s), plants, animals or property. Under no circumstances or conditions shall PD Lawn be responsible for damage caused at the time the work is performed except those damages resulting from gross negligence on PD Lawn’s part.

5. INSURANCE

PD Lawn shall maintain all necessary insurance policies to cover the services provided by PD Lawn during the Agreement term.

6. EXTREME CONDITIONS / WEATHER

PD Lawn’s ability to perform work is affected by the weather. If bad weather occurs, PD Lawn will try to make up work the next day. In these situations, PD Lawn requests that the Client please take note of their scheduled mowing day and adjust their watering schedule accordingly. However, there is no guarantee that PD Lawn will be able to make up Work the next day due to extenuating circumstances, such as ongoing weather conditions.

7. PRICING & PRICE INCREASES

PD Lawn shall charge the prices quoted to Client when Client initially requests PD Lawn’s services and PD Lawn reserves the right to adjust and/or increase its pricing for services rendered at any time at PD Lawn’s sole discretion. Notice of price increases will be provided on PD Lawn’s invoices. In the event Client is dissatisfied with any price increase, Client may terminate this Agreement as provided herein.

8. PAYMENT

PD Lawn will be paid for work performed under this Agreement as follows:

· PD Lawn will be paid for services selected by the Client, per the rate stated in the Agreement

· PD Lawn will provide an invoice to the Client after each service is completed.

· Invoice terms are Net 15 Days.

· Stored payment methods such as ACH or debit/credit card must be on file to begin service.

· Checks are accepted only when approved by the PD Lawn prior to service. Cash is not an acceptable form of payment.

· PD Lawn reserves the right to terminate this Agreement, without notice, should any invoice remain unpaid for more than thirty (30) days after the due date noted on the invoice. After such termination, PD Lawn shall have no further obligation to the Client to provide the work as described in this Agreement, provided, however, that termination by PD Lawn shall not affect any remedy or remedies for payment or otherwise to which PD Lawn is legally entitled.

· Client’s mowing rate is based on weekly mowing. PD Lawn does not offer a biweekly service during the early Spring season and only offers Monthly and Bimonthly services in the late fall and winter season. In extreme circumstances, the Client may contact PD Lawn to request skipping service for a particular week with a minimum of a twenty-four (24) hour advance notice prior to the Client’s scheduled mowing. A service charge may apply to the Client for this courtesy of skipping a week. This service charge may be waived, at PD Lawn’s discretion, if the Client has no history of skipping weeks and any future skipping is extremely infrequent.

9. INDEPENDENT CONTRACTOR

Nothing contained in this Agreement is intended to, or shall be construed in any manner , as creating or establishing an employer/employee relationship between the parties. PD Lawn shall at all times remain an independent contractor with respect to the services to be performed under this agreement. The Client shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance, and Workers’ Compensation Insurance, as the PD Lawn is an independent contractor. PD Lawn will determine the method, details, and means of performing the services described in this Agreement, including the determination of the need for and hiring of personnel at PD Lawn’s own expense. The Client may not control, direct, or otherwise supervise PD Lawn’s personnel in the performance of those services. PD Lawn will supply all tools, equipment, and supplies required to perform the services under this Agreement.

10. LIMITATION OF LIABILITY

Parties agree that PD Lawn’s Liability for any disputes arising from or relating PD Lawn’s provision of service for the client, any and all billing disputes and/or any other disputes that may arise between the Parties, shall be limited to the total annual amount paid by Client to PD Lawn for services rendered during the calendar year in which any such dispute arises. Further, PD Lawn shall not be liable for any special or consequential damages alleged by Client arising from or relating to PD Lawn providing services under this Agreement.

Warranty: EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES TO BE PROVIDED UNDER THIS AGREEMENT ARE FURNISHED AS IS, WHERE IS, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

11. GOVERNING LAW

The parties to this Agreement understand and agree that the provisions herein, shall, between them, have the effect of law, but in reference to matters not provided herein, this Agreement shall be governed by and construed in accordance with the laws of the State of Missouri.

12. Arbitration

The Client and PD Lawn agree that all matters in dispute between them arising from or relating to PD Lawn’s provision of services, including but not limited to (i) any controversy or claim between them arising out of or relating to this Agreement and/or the services provided hereunder, (ii) any damage to structures caused by machinery or (iii) loss or damage to the described property in any way, any such dispute or controversy whether by virtue of contract, tort or otherwise, shall be adjudicated and settled exclusively by arbitration. Such arbitration shall be conducted before the American Arbitration Association ("AAA") in the St. Louis Metropolitan area in accordance with the Commercial Arbitration Rules then in force or the federal rules of evidence, whether or not set out by statute. The arbitrator shall give effect to any and all waivers, releases, disclaimers, limitations, and other terms and conditions of this Agreement and the arbitrator shall have the power and authority to determine the arbitrability of any disputes and/or controversies arising under this Agreement or PD Lawn’s provision of services hereunder. Therefore, the arbitration award and the arbitrator shall not have the power or authority to hold PD Lawn responsible or partly responsible for (i) the repair or replacement of any damaged structure (ii) loss of anticipated rents and/or profits or loss of quite enjoyment or (iii) direct, indirect, special, incidental, consequential, exemplary, or punitive damages. Each party shall be responsible for paying its own attorneys' fees and expert witness fees. All expenses incurred by the arbitrator and the arbitrator's fee shall be divided equally and paid by the Parties. Any award of damages pursuant to such arbitration shall be included in a written decision, which shall state the reasons upon which the award was based, including all the elements involved in the calculation of any award of damages. The decision of the arbitrator shall be a final and binding resolution of the disagreement and/or dispute, which may be entered as a judgment by any court of competent jurisdiction. Each Party consents and submits to the personal jurisdiction and venue of the courts in which the Client’s property is located for purposes of Arbitration. Neither Party shall sue the other Party with respect to any matter in dispute between the Parties other than for enforcement of this arbitration provision or of the arbitrator's decision and a Party violating this provision shall pay the other Party's costs including, but not limited to, reasonable attorneys' fees and expenses incurred with respect to such suit and the arbitration award shall so provide. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY BOTH PARTIES.

13. Class Action Waiver:

TO THE FULLEST EXTENT PERMITTED BY LAW, CLIENT HEREBY WAIVES, WITH RESPECT TO ANY DISPUTE ARISING FROM PD LAWN’S PROVISION OF SERVICES HEREUNDER AND ALL MATTERS RELATED THERETO: (1) THE RIGHT TO PARTICIPATE IN A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE ACTION IN COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER, AND (2) THE RIGHT TO JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON OR BUSINESS. IN THE EVENT CLIENT VIOLATES THIS CLASS ACTION WAIVER AND PD LAWN INCURS ATTORNEY'S FEES AND COURT COSTS AS A RESULT THEREOF AND/OR TO ENFORCE THIS CLASS ACTION WAIVER, CLIENT SHALL PAY ALL REASONABLE ATTORNEY'S FEES INCURRED BY PD LAWN CARE THEREIN.

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