TERMS AND CONDITIONS

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND LAWN PRIDE. PLEASE REFER TO THE SECTION ENTITLED “CLASS ACTION WAIVER.”

CUSTOMER ACKNOWLEDGMENT. Customer hereby acknowledges that Customer has read and fully understands the following terms and conditions which shall be deemed a binding part of Customer’s contract with Lawn Pride for lawn care services. Customer further acknowledges that these terms and conditions are a material inducement for Lawn Pride’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, Lawn Pride will revisit your property as often as needed between scheduled visits to make any necessary fertilizing or weed control adjustments and to ensure your satisfaction is guaranteed.

CONTINUOUS SERVICE. To optimize the effectiveness of your plan, your plan continues from year to year without any action on your part. This includes any services purchased initially or added at a later time. At the end of each calendar year, we will remind you that your plan will resume in the coming year. Remember, your plan will continue unless you contact us at 877-963-3200 to cancel. Either you or Lawn Pride may cancel service of your plan at any time, subject to your obligation to pay for all services previously provided.

COST OF SERVICES/BILLING. You have the option to pre-pay for your plan each season at a discounted rate. Otherwise, you will be billed for the cost of each service (and any applicable fuel surcharges) after the service occurs and payment is due upon receipt. The cost of individual services in your plan may vary from year-to-year and will be communicated prior to the services being performed. Please also note that current year discounts may not apply in subsequent years.

EASYPAY AGREEMENT. You may be eligible to participate in our EasyPay Program which lets you auto-pay each invoice as it is issued with a credit card on file. Please call our office for more information.

CHECK PROCESSING POLICY ACH. Payment by check constitutes your authorization to either use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a check transaction. If we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment and you will not receive your check back from your financial institution. If any check, draft, credit card, or EFT transfer payable to Lawn Pride is not honored, Lawn Pride will assess a $25.00 collection fee for each such item (in addition to all other rights and remedies for the unpaid balance).

LATE FEES. A service charge of 0.66% 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 Lawn Pride 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 Lawn Pride hereunder is conditioned upon payment in full of all service charges and failure to pay such charges shall cancel this Plan in its entirety and discharge Lawn Pride of any liability. All amounts paid shall be deemed the property of Lawn Pride.

ACCESS TO PROPERTY. You hereby authorize Lawn Pride to access your property on days and times of Lawn Pride’s choosing to provide the services you have requested. Lawn Pride 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 Lawn Pride, you expressly consent for Lawn Pride, along with its agents and affiliates, to contact you 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 Lawn Pride’s products and services. You expressly consent to be contacted through such means at the telephone numbers (including wireless numbers) you provide to Lawn Pride. You represent and warrant that any mobile or wireless telephone number you provide belongs to you and is associated with a mobile device in your possession. You will notify Lawn Pride if your mobile or wireless telephone number changes. Consent is not a requirement of purchase. Should you have any questions about which addresses, telephone numbers or email addresses you provided to Lawn Pride for the above, or should you wish to stop receiving calls from Lawn Pride, please review your account information or please call us at 877-963-3200.

BINDING EFFECT. This document constitutes a valid agreement between you and Lawn Pride. The rights and obligations created hereunder shall be binding upon you and Lawn Pride and their respective successors. Lawn Pride shall further have the right to 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. Lawn Pride reserves the right to revise its terms and conditions from time to time. You will be notified of any changes and agree that your continued use of Lawn Pride services after receiving such notice constitutes acknowledgement and willingness to be bound by the revised terms and conditions.

WAIVER / SEVERABILITY. Lawn Pride’s failure to enforce any of these Terms or Conditions shall not be deemed a waiver of Lawn Pride’s rights. If a court finds a provision in this Agreement to be invalid, you and Lawn Pride 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 Lawn Pride’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 Lawn Pride 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 Lawn Pride or its agents, employees, or representatives, Customer must provide timely written notice to Lawn Pride 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 Lawn Pride 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. Lawn Pride 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 Lawn Pride determines to have been its responsibility. Customer agrees to provide Lawn Pride 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 Lawn Pride’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 Lawn Pride or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.

TIME LIMIT FOR FILING CUSTOMER CLAIMSNotwithstanding the provisions of any other statutes of limitations, Customer agrees that all claims by Customer against Lawn Pride are barred if such claims are not initiated within one year of the last date of service provided by Lawn Pride to Customer, or the date of the act or omission upon which such claim is based, whichever comes first. A claim is “initiated” when Lawn Pride 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 Lawn Pride receives service of a Summons and Complaint.

MANDATORY ARBITRATIONCustomer and Lawn Pride agree that all claims by Customer against Lawn Pride which in any way relate to this contract, or to the lawn care services provided to Customer by Lawn Pride, 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 Lawn Pride 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 Lawn Pride 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, Lawn Pride’s liability is limited to, and shall not exceed, the amount customer paid for the lawn care application alleged to have caused the damage claimed.

GOVERNING LAW / VENUE.  If the arbitration provisions of this contract are determined to be inapplicable or unenforceable as to any claim of Customer against Lawn Pride, any litigation between Customer and Lawn Pride 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 Lawn Pride.

ATTORNEYS FEES. If litigation or arbitration is initiated against Lawn Pride by Customer in violation of the terms of this Agreement, or if Lawn Pride initiates litigation or arbitration against Customer to enforce Lawn Pride’s rights under the terms of this agreement, Customer agrees to pay Lawn Pride’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.  YOU AND LAWN PRIDE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS 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 LAWN PRIDE, INC.

NOVEMBER 2018