This Landscaping Contract (“Contract”) is enteredinto________ (“Effective Date”), by and betweenRenew Landscaping LLC, with an address of  9120 Alger Ct, Inver Grove Heights, MN 55077  (“Landscaper”) and *______________________________ with an address of ________________________ (“Customer”), collectively the “Parties.”
1. Landscaping Services. Customer wishes to obtain the Landscaper’s Services to perform the following work. (Reference Invoice #000 PO#000) _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ (“Services”).
The Services are to be performed at the following address: __________________________________________ (“Property”).
Landscaper agrees to furnish the labor, materials, and supplies necessary to perform the Services in accordance with the terms and conditions contained in this Contract. Upon completion of the Services, Landscaper will remove all materials, supplies, and other debris, unless otherwise authorized by Customer. Landscaper has all ownership rights of all leftover products and landscaping supplies used to perform Services. Customer is responsible to provide trash removalat Customer’s sole expense. Landscaper is entitled to take before and after photos of Services and Customer authorizes Landscaper to use such photos for advertising purposes.
2. Changes in the Services. Customer may request changes to the Services described in Section 1 whichwillbedescribedonAddendumAattachedtothisContract.AnychangestotheServicesmust be in writing on Addendum A of this Contract and signed by both Landscaper and Customer. Customer agrees that any changes to the Services may result in additional charges and may extend the completion date of Services.
3. Photos.
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Landscaper may provide to Customer written or digital photos or other references that are only to be used as examples or to be used as a reference point to help Customer understand the outcome of Services. Customer understands that the final outcome of Servicesmaylookdifferentornotexactly the same as they appear on the medium given to Customer.
4. Term and Schedule. a. For one-time, project-based Services, Landscaper will complete Services as Landscaper’s schedule allows. Customer agrees that the Services completion date is subject to change if Customer requests any changes or additions to the Services. Completion date is further subject to weather conditions. b. It is the understanding of the Parties that Landscaper has thoroughly planned out Services with Customer, to Customer’s liking, to make sure Customer understands Services that Landscaper will be performing. Customer has the opportunity to observe Landscaper performing Services. In the event that Customer misunderstands Services as proposed and desires a different outcome, it is the responsibility of Customer to point out this misunderstanding in the initial phase of Services being performed. If Customer does not bring any disputes toLandscaperintheinitialphaseofServices,it’llbeagreedbytheParties that Customer has a full understanding of the scope of Services and is in agreement to the outcome of such and is in acceptance of Services performed by Landscaper. c. For on-going, repeat Services, Landscaper will perform the Services every __ weeks/days beginning ______________ and ending _______________.
5. Payment Schedule. a. For one-time, project-based Services, Customer agrees to payLandscapertheTotalPayment specified below for the Services in accordance with the following schedule:
Non-refundable Scheduling deposit:                $ Check#________ Upon arrival to Property on project start date: $ Check#________ Upon completion of all Services: $ Check#________ TOTAL INVOICE AMOUNT DUE: $
b. For on-going, repeat Services, Customer agrees to pay Landscaper $300 per Service visit. Landscaper shall invoice Customer every thirty (30) days. Invoices are due upon receipt. If payment is not received within thirty (30) days, Customer will owe a five percent (5%) late fee every thirty (30) days the payment is late.
6. Representations. Landscaper Representations. Landscaper will perform the Services in a workmanlike manner, in compliance with all applicable laws, regulations, codes, and restrictive covenants.
Customer Representations. CustomeristhelegalowneroftheProperty,orotherwisehasauthorityto permit construction upon the Property. The requested Services are in accordance withallapplicable laws,regulations,codes,restrictivecovenants,andhomeowners’associationrequirements.Customer has the financial ability to pay Landscaper for the Services. Page 2 | 7
7. Obligations. Landscaper Obligations. Landscaper will comply with all applicable laws, ordinances, rules, regulations, and orders of public authorities for the safety of persons and property. Customer Obligations. Customer will provide Landscaper,itsemployees,agents,andsubcontractors access to the Property anytime for the purpose of performing the Services. Customer will allow Landscaper and subcontractors to leave all equipment and supplies on PropertyandPropertystreets when permitted. Customer agrees to keep the Property clear of all known and potential hazards. Customer further agrees to keep all pets out of the work area of the Property. Customer agrees to water plants according to grower recommendations. Landscaper assumes no responsibility in the case a plant dies due to lack of watering. Customer agrees to notify Landscaper of their property boundaries and takes full responsibility in the event of any course of action or liability brought against Landscaper who had to go outside of the customers boundaries to provide Services.
8. Warranty. All warranty is void if Landscaper determines Customer has not properly maintained items listed below. Landscaper will replace the following items at Landscaper’s expense from the date of installation until the warrantytime frame below. Customer will have to pay to replace products listed below after the time frame listed below:
Annuals: 1 month Perennials: 2 months Shrubs: 3 months Trees: 6 months Seed/Sod: No Warranty
Rock and mulch:  3 months Paver patios and walkways: 3 years Driveways: 2 years Boulder retaining walls: 2 years Segmental block retaining walls: 3 years Fire pit: No Warranty Retaining wall and patio repair: No Warranty Landscape Edging; 2 months
9. Underground & Aboveground Liability. Customer releases Landscaper from any and all liability andholdsLandscaperharmlessoffinancial loss including, but not limited to the following: 1) loss of utility services, (2) damage toanyburied structures such as roots,utilities,orsprinklers,(3)unburiedstructureonPropertysuchasdriveways, sidewalks, streets, curbs, buildings, etc., (4) overhead utilities, trees orotherobjects,(5)Vehiclesor other assets in Customer‘s possession. Landscaper contracts MNGopherStateOneCallbeforeany major digging begins.
10.Insurance. Landscaper warrants it is adequately insured for injury to its employees and any others incurring loss or injury as a result of the acts of Landscaper or its employees and subcontractors. Page 3 | 7
11. Subcontractors. Landscaper may engage subcontractors to perform workatitsdiscretion,provided that Landscaper shall fully pay any subcontractors and in all instances remain responsible for the proper completion of this Contract.
12.Termination. Customer can terminate the Contract by giving written notice if Landscapercommits any material breach of this Contract and fails to correct the breach within 10 days of notice of the breach. Landscaper can terminate the Contract by giving written notice: (a) if Customer fails to make the payments required and set forthinSection4within5daysofnoticeoffailuretomakeapayment;or (b) if Customer commits any other material, non-financial breach and fails to correct the breach within 10 days of notice of the breach. 13.Notice. Minnesota law 514.011 requires that Customer is aware of the following: (a) Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for the contributions. (b) Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly anddeductthisamountfromourcontractprice,orwithholdthe amounts due them from us until 120 days after completion of theimprovementunlesswegive you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice. 14.Indemnification. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, Customer agrees to indemnify and hold Landscaper harmless, and its respective affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, civil, federal, state, or any type of monetary fine imposed, penalties, punitive damages and expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission, that occurs in connection with this Contract.  This indemnification will survive the termination of this Contract. 15.Entire Contract. This document reflects the entire Contract between the Parties and reflects a complete understanding ofthePartieswithrespecttothesubjectmatter.ThisContractsupersedesall prior written and oral representations. The Contract may not be amended, altered or supplemented except in writing signed by both Landscaper and Customer.
16.Dispute Resolution and Legal Fees. In the event of a dispute arising of this Contract that cannot be resolved by mutual agreement, the Parties agree to engage in mediation prior to commencing litigation. Customer agrees to pay allofLandscaper’sreasonableattorneys’fees,costs,andotherexpensesincurredasa result of Customer’s breach of this Contract.
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17.Legal and Binding Contract. This Contract is legal and binding between the Parties as stated above. This Contract may be entered into and is legal and binding both in the United States and throughout Europe. The Parties each represent that they have the authority to enter into this Contract. 18.Severability. If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If the Court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written,construed, and enforced as so limited. 19.Waiver. ThefailureofeitherpartytoenforceanyprovisionofthisContractshallnotbeconstruedas a waiver orlimitationofthatparty’srighttosubsequentlyenforceandcompelstrictcompliancewith every provision of this Contract. 20.Applicable Law. This Contract shall be governed and construed in accordance with thelawsofthe state where the Property is located, without giving effect to any conflicts of laws provisions. BY SIGNING BELOW,CUSTOMERACKNOWLEDGESHAVINGREADANDUNDERSTOODTHIS CONTRACT AND THAT CUSTOMER IS SATISFIED WITH THE TERMS AND CONDITIONS CONTAINED IN THIS CONTRACT. CUSTOMER SHOULD NOT SIGN THIS CONTRACT IF THERE ARE ANY BLANK SPACES. CUSTOMER IS ENTITLED TO A COPY OF THIS CONTRACT. The Parties agree to the terms and conditions set forth above as demonstrated by their signatures as follows:
“LANDSCAPER” Signed:_____________________________________ By: ________________________________________ Date: _______________________________________
“CUSTOMER” *Signed: _____________________________________ *By: ________________________________________ *Date: ______________________________________
3 DAY RIGHT OF CANCELLATION You, the Customer, may cancel this Contract at any time prior to midnight of the third (3rd) business day after the date of this Contract.  See the attached Notice of Cancellation Form for an explanation of this right.
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NOTICE OF CANCELLATION OF CONSTRUCTION CONTRACT
General Description of the Work:  ________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________. Date Customer Signed the Agreement:  ____________________.
If you do not want the goods or services described above, you may cancel your purchase by mailing or delivering a signed and dated copy of this cancellation notice or any other written notice, or send a telegram to Renew Landscaping LLC, at 9120 Alger Ct., Inver Grove Heights, MN 55077 not later than midnight of ____________________.  If you cancel, any payments made by you under the contract or sale, any property traded in, and any instrument executed by you will be returned within ten (10) business days following receipt by Renew Landscaping LLC of your cancellation notice, and any security interest arising out of the transaction will be canceled. If you cancel, you must make available to Renew Landscaping LLC at your residence, in substantially good condition as when received, any goods delivered to you under this contract or sale; or you may, if you wish, comply with the written instructions of Renew Landscaping LLC regarding the return shipment of the goods at Renew Landscaping LLC’s expense and risk. If Renew Landscaping LLC does not pick up the goods within twenty (20) days of the date of your notice of cancellation, you may retain or dispose of them without any further obligation.
I HEREBY CANCEL THIS TRANSACTION.
Dated:  ___________________
Printed Full Legal Name of Customer: _____________________________________
Signature: _______________________________________
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ADDENDUM A Landscaping Change Order
Revised Scope of Work: __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________ __________________________________________________________________________________________
Additional Amount Owed: ___________________ Check#________
“LANDSCAPER” Signed:_____________________________________ By: ________________________________________ Date: _______________________________________
“CUSTOMER” Signed: _____________________________________ By: ________________________________________ Date: ______________________________________