Term and condition

The following terms and conditions govern the service agreement between Lagom Lawncare Service (the “Contractor”) and Western Legacy Group Inc. (the “Client”). By signing this proposal, both parties agree to be bound by these terms.

1. Scope of Agreement

• The specific scope of work, including service areas, frequency, and seasonal tasks, is defined in the attached Service Proposal. These Terms & Conditions are incorporated into and form part of that Proposal. In the event of any conflict between the Service Proposal and these Terms & Conditions, these Terms & Conditions shall prevail.

2. Pricing & Rates

• All rates are quoted exclusive of GST.
• If you prefer to pay by credit card, a 2.4% processing fee will be added to the total amount.
• Quoted rates are valid for 30 days from the proposal date and are fixed for the initial contract term.
• Weekend and statutory holiday services requested by the Client are subject to a 50% surcharge above standard rates. This surcharge does not apply to services performed on weekends at the Contractor’s discretion due to weather delays, equipment maintenance, or operational rescheduling.
• Additional services not described within this contract must be agreed upon by both parties prior to initiation of work.
• Third party services not otherwise covered by this agreement will be invoiced at cost +10%.
• Where pricing has been structured on a monthly or seasonal basis, rates are based on maintaining overall property standards throughout the service term and not on any guaranteed number of visits or specific service dates. Service frequency may reasonably vary due to weather, site conditions, turf growth rates, equipment availability, or operational requirements.

3. Invoicing & Payment

• Services are invoiced monthly, with invoices issued on or before the 5th business day of the following month.
• Payment is due within 15 days of the invoice date.
• Overdue balances are subject to an interest charge of 1.5% per month (18% per annum), compounding monthly.
• The Client is responsible for any legal or collection costs incurred in recovering overdue balances.
• Accepted payment methods include cheque, e-transfer, or electronic bank payment.
• The Client shall not withhold payment for disputed or deficient services unless the Contractor has first been provided written notice of the concern and a reasonable opportunity to investigate and remedy the issue.
• Where services are delayed, modified, or skipped due to weather or site conditions beyond the Contractor’s reasonable control, no invoice reductions, credits, or penalties shall apply provided the Contractor continues to make reasonable efforts to maintain the property throughout the service term.

4. Scheduling & Access

• Regular maintenance services are scheduled Monday through Friday during normal business hours (7:00 AM – 8:00 PM).
• Where scheduled services cannot be completed due to adverse weather conditions, the Contractor will make reasonable efforts to reschedule services at the earliest available opportunity.
• The Contractor reserves the right to modify service schedules, frequencies, or service sequencing as reasonably necessary to accommodate weather conditions, seasonal growth patterns, staffing availability, equipment maintenance, statutory holidays, or other operational requirements.
• The Client agrees to ensure clear and unobstructed access to all service areas on scheduled service days.
• Vehicles, personal property, or debris blocking access may result in a skipped service for that cycle at no credit to the Client.

5. Site Conditions & Safety

• Service areas must be reasonably clear of obstructions, including toys, furniture, equipment, and personal items. Where excessive obstructions create unsafe or impractical working conditions, the Contractor reserves the right to delay or reschedule service.
• The Contractor reserves the right to refuse or suspend services where unsafe, unsanitary, or biohazardous conditions are present.
• The Client shall ensure that all pets are secured and not present in service areas during scheduled maintenance. The Contractor reserves the right to delay or reschedule services where pets cannot be safely controlled.
• The Contractor does not provide pet waste removal services. Service areas must be reasonably free of pet waste prior to scheduled maintenance. Where excessive pet waste is present, the Contractor reserves the right to delay or reschedule service.
• The Client is responsible for removing or identifying loose stones, wire, toys, landscape edging, hidden metal objects, hoses, stakes, and other foreign materials that may create hazards or become projectiles during mowing, trimming, blowing, aeration, or related operations.

6. Service Standards & Quality

• The Contractor will perform all services using commercially appropriate equipment and qualified personnel.
• Should the Client have a concern regarding service quality, written notice must be provided within 5 business days of the service visit.
• The Contractor will investigate and respond to quality concerns within 3 business days and, where applicable, remedy the issue at no additional cost.
• The Client agrees to provide the Contractor a reasonable opportunity to inspect and remedy any alleged service deficiency prior to engaging third parties, withholding payment, or asserting breach of contract.

7. Insurance & Liability

• The Contractor maintains commercial general liability insurance with a minimum coverage of $2,000,000 per occurrence.
• The Contractor maintains current Workers’ Compensation Board (WCB) coverage for all personnel performing work under this agreement.
• Proof of insurance and WCB clearance will be provided upon request and maintained for the duration of the agreement.
• The Contractor shall exercise reasonable care in the performance of services and shall only be liable for direct damages resulting from proven negligence of the Contractor or its personnel.
• Under no circumstances shall the Contractor be liable for indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of use, loss of revenue, business interruption, or diminution of property value.
• The Client acknowledges that mowing, trimming, aeration, and related operations carry inherent risk of incidental damage caused by loose stones, gravel, debris, or other foreign materials.
• The Client is responsible for identifying and clearly marking all underground utilities, irrigation systems, concealed fixtures, property pins, and low-voltage wiring prior to the commencement of work. The Contractor shall not be liable for damage to unmarked, improperly marked, or concealed infrastructure.
• Specifically regarding irrigation: The Contractor is not responsible for damage to irrigation heads, valves, or lines that are not properly recessed, are installed too high, or are otherwise positioned in a manner that makes them susceptible to damage during standard commercial mowing and trimming operations.
• The Contractor shall not be liable for damage resulting from site conditions, concealed hazards, pre-existing defects, or loose materials not reasonably identifiable during normal service operations.
• Seasonal lawncare services are subject to weather, soil conditions, pests, disease, and normal seasonal variation. No guarantee is made regarding turf condition, colour, or horticultural outcomes.
• The Contractor’s total cumulative liability arising from this agreement, whether in contract, negligence, or otherwise, shall not exceed the total amount paid to the Contractor under this agreement during the twelve (12) months preceding the event giving rise to the claim.

8. Termination

• This agreement shall remain in effect for the contract term identified in Section 2.1 unless terminated in accordance with this Section.
• Either party may terminate this agreement upon providing thirty (30) days written notice to the other party.
• The Client may terminate immediately, without notice, in the event of a material breach by the Contractor that is not remedied within ten (10) business days following written notice of the breach.
• The Contractor may suspend or terminate services immediately for non-payment of overdue invoices exceeding thirty (30) days past due, with no liability for resulting service delays or interruptions.
• Upon termination, all outstanding invoices for services rendered become immediately due and payable.
• In the event of termination prior to completion of the seasonal service term, the Client shall remain responsible for payment of:

• all services completed up to the termination date;
• any non-recoverable costs or scheduled services already committed by the Contractor in support of the property.
• Where pricing has been structured based on the full seasonal contract term, the Contractor reserves the right to recalculate completed services at the applicable non-contracted service rates.