SEASONAL SERVICE AGREEMENT AND SERVICE LEVEL AGREEMENT
Harry’s Lawncare Ltd.
1. DEFINITIONS
In this Agreement, the following terms shall have the meanings set out below unless the context otherwise requires:
“Agreement” means this Seasonal Service Agreement and Service Level Agreement, including all schedules and amendments hereto.
“Client” means the individual, corporation, or other entity identified in the signature block of this Agreement who has engaged the Service Provider.
“Service Provider” means Harry’s Lawncare Ltd., a company operating in the Province of British Columbia, Canada.
“Services” means the lawn maintenance and any optional add-on services described in this Agreement.
“Service Visit” means a single attendance at the Client’s property by the Service Provider’s personnel to perform the Services.
“Seasonal Program” means the full-season lawn maintenance service program purchased by the Client under this Agreement.
“Service Season” means the growing season as determined by the Service Provider based on turf growth and weather conditions, typically April through October. Exact start and end dates shall be determined by the Service Provider in its professional judgment.
“Agreement Term” means the period from the start of the Service Season through the end of the Service Season, subject to automatic renewal as described in Section 10.
“Per-Visit Rate” means the bi-weekly service rate specified in Section 7, representing the fee charged for each Service Visit.
2. PARTIES
This Agreement is entered into between Harry’s Lawncare Ltd. (the “Service Provider”) and the Customer identified in the signature block below (the “Client”), collectively the “Parties.”
The Client confirms that they have entered into this Agreement voluntarily, were not solicited at their residence, and initiated contact with the Service Provider of their own accord or enrolled through the Service Provider’s online registration process.
3. CORE SERVICE PROGRAM
The core seasonal service under this Agreement is lawn maintenance, consisting of:
- Lawn mowing;
- Edging of lawn borders and hard surfaces; and
- Blowing and clearing of clippings from hard surfaces (driveways, walkways, patios).
Services shall be provided on a bi-weekly schedule throughout the Service Season, with approximately 13 to 17 Service Visits per season depending on the length of the growing season and weather conditions.
4. SEASONAL SERVICE STRUCTURE
The Client acknowledges that by entering into this Agreement, the Client is committing to a full-season lawn maintenance service program rather than purchasing individual Service Visits. Although billing occurs on a per-visit basis, the Per-Visit Rate reflects a discounted seasonal rate available only because the Service Provider commits operational resources in advance for the entire Service Season, including:
- Labour scheduling and crew assignment;
- Route optimization and geographic service planning;
- Equipment allocation and maintenance scheduling;
- Vehicle scheduling and fuel planning;
- Administrative planning and client coordination; and
- Staffing commitments and seasonal hiring.
This advance planning allows the Service Provider to offer reduced per-visit pricing compared to one-time or month-to-month engagements. The Client acknowledges the discounted pricing structure and agrees to the full-season commitment described herein.
5. SERVICE CAPACITY RESERVATION
Upon enrollment, the Client reserves dedicated service capacity within the Service Provider’s operational service routes for the entire Service Season. The Service Provider allocates labour, equipment, vehicles, route scheduling, and administrative coordination in reliance on the Client’s commitment. The Client acknowledges that the Service Provider cannot reasonably fill a vacated route position mid-season and that early cancellation results in a permanent loss of the reserved service capacity. This Agreement is not a pay-per-visit arrangement that the Client may discontinue at will, notwithstanding that billing occurs on a per-visit basis.
6. OPTIONAL ADD-ON SERVICES
Flower bed weeding is not included in the base service program. The Client may elect to add this service as an optional upgrade at an additional charge of $20.00 per Service Visit, plus applicable taxes, in addition to the Per-Visit Rate.
7. OVERGROWN LAWN SURCHARGE
If, in the professional judgment of the Service Provider’s crew, the lawn condition at the first Service Visit of the season requires significantly more time, effort, or equipment passes than a regularly maintained lawn, the first visit shall be classified as an overgrown service and billed at double the Per-Visit Rate. All subsequent visits under the regular bi-weekly schedule shall be billed at the standard Per-Visit Rate.
8. SERVICES NOT INCLUDED
The following services are not included in this Agreement and are not part of the Seasonal Program: fertilizing, liming, lawn seeding and overseeding, lawn restoration treatments, aeration, and other specialty lawn care treatments. These are separate services that, if requested, shall be contracted under a separate agreement with separate pricing, terms, and conditions.
9. SEASONAL TERM
This Agreement covers the entire Service Season. The Service Season typically commences in April and concludes in October; however, exact dates shall be determined by the Service Provider based on growing conditions and operational readiness and may begin earlier or extend later. The Client is committing to the full Seasonal Program. Services are not sold as individual visits. The Client’s commitment to remain in the Seasonal Program for the entire Service Season is a material term of this Agreement.
10. AUTOMATIC RENEWAL
This Agreement shall automatically renew for the following Service Season unless the Client provides written notice of cancellation to the Service Provider no later than February 28 of the year in which the next Service Season would commence. Automatic renewal allows the Service Provider to forecast staffing, equipment, route planning, and operational capacity. The Service Provider shall endeavour to send a courtesy renewal reminder in January of each year; however, the obligation to provide timely cancellation notice rests solely with the Client, and the Service Provider’s failure to send a reminder does not extend the deadline or relieve the Client of the renewal obligation.
11. CANCELLATION AND EARLY TERMINATION
11.1 No Mid-Season Cancellation by Client
Per-visit pricing is discounted based on a full-season commitment. Once the Service Season has commenced, this Agreement cannot be cancelled by the Client simply because the Client changes their mind or no longer wishes to receive the Services.
11.2 Liquidated Damages for Early Termination
If the Client requests or effects termination during an active Service Season, the Client shall pay the Service Provider a cancellation fee calculated as the Per-Visit Rate multiplied by the number of remaining scheduled Service Visits in the Service Season (the “Early Termination Fee”). The Parties acknowledge and agree that:
- The Service Provider allocates labour, equipment, vehicles, and scheduling resources for the entire season in reliance on the Client’s enrollment;
- The Service Provider cannot reasonably fill a vacated route position mid-season, and vacated capacity represents a permanent revenue loss for the remainder of the season;
- The Early Termination Fee represents a genuine pre-estimate of the Service Provider’s loss and is not a penalty; and
- Actual damages from early termination would be difficult to quantify precisely at the time of termination.
11.3 Termination by Service Provider
The Service Provider may terminate this Agreement at any time by providing the Client with fourteen (14) days’ written notice. No reason is required. If the Service Provider terminates under this subsection, the Client shall have no further obligation under the Seasonal Program and no Early Termination Fee shall apply. The Service Provider may also terminate immediately for cause, including but not limited to: persistent unsafe property conditions, threatening or abusive behaviour toward personnel, or material breach by the Client.
12. PAYMENT TERMS
12.1 Billing
The Client shall be invoiced at the Per-Visit Rate following each completed Service Visit. Optional add-on charges shall be included on the same invoice.
12.2 Payment Due Dates
All invoices are due and payable within thirty (30) days of the invoice date.
12.3 Late Payment
If payment is not received within thirty (30) days of the invoice date, a flat late payment fee of $25.00 shall be applied to the overdue invoice (one fee per invoice).
12.4 Suspension of Services
If an invoice remains unpaid for more than thirty (30) days, the Service Provider shall issue written notice that Services will be suspended if payment is not received within fourteen (14) days. If payment is not received within that period, the Service Provider may immediately suspend all Services without further notice.
Suspension due to non-payment does not constitute cancellation or termination. The Client’s seasonal commitment and liability under Section 12 continue notwithstanding any suspension. Services resume upon payment of all outstanding amounts including applicable late fees.
12.5 Outstanding Balances
The Client is responsible for all outstanding balances. Unpaid amounts may be referred to a collections agency or pursued through legal action at the Client’s expense, including reasonable legal fees and costs.
13. SERVICE LEVEL STANDARDS
The Service Provider shall perform the Services in a professional and workmanlike manner consistent with generally accepted standards in the lawn care industry in British Columbia. Service Visits shall be scheduled bi-weekly, with approximately 13 to 17 visits per season. In the event of inclement weather, the Service Provider may reschedule within a commercially reasonable timeframe. Mowing height shall be determined by the Service Provider according to standard lawncare practices and may vary based on turf type, weather conditions, and lawn health. The Service Provider shall determine the reasonable service boundary for each property based on visible property features and the Client’s instructions at enrollment.
14. SERVICE SCHEDULING AND ROUTE PLANNING
Service Visits are scheduled according to the Service Provider’s optimized routes and operational planning. The Client acknowledges that: exact visit times cannot be guaranteed; service dates may shift due to weather, equipment, or operational needs; and the Service Provider is not required to provide advance notice of each visit.
15. CLIENT RESPONSIBILITIES
The Client shall:
- Provide safe and unobstructed access to all areas of the property to be serviced;
- Remove personal belongings, furniture, toys, garden décor, debris, and other obstacles from lawn areas prior to each Service Visit;
- Secure all pets indoors or confined away from the service zone during each Service Visit; and
- Notify the Service Provider in writing of any known hazards, including in-ground irrigation, underground utilities, septic components, uneven terrain, or other conditions affecting safe service delivery.
If a Service Visit cannot be completed or is materially impeded due to the Client’s failure to comply with the foregoing responsibilities, the Service Provider may, at its discretion, complete a partial service, reschedule the visit, or bill the visit at the full Per-Visit Rate.
15.1 Locked Gate / Restricted Access
If the Service Provider’s crew cannot access the property due to a locked gate, blocked entry, or other access restriction, the crew shall make one reasonable attempt to contact the Client. If access is not resolved within a reasonable time, the visit shall be billed at the full Per-Visit Rate.
16. PROPERTY CONDITIONS AND LIMITATIONS OF LIABILITY
16.1 Exclusion of Liability for Property Conditions
The Service Provider shall not be liable for damage caused by: hidden obstacles (rocks, wire, debris, sub-surface borders); unmarked irrigation systems, sprinkler heads, or drip lines; underground utilities not disclosed by the Client; or pre-existing conditions including damaged turf, erosion, pest damage, or disease.
16.2 Insurance
The Service Provider maintains commercial general liability insurance with coverage of not less than $2,000,000 per occurrence.
16.3 Limitation of Liability
The Service Provider’s total aggregate liability under this Agreement shall not exceed the total fees paid by the Client during the applicable Service Season.
16.4 Exclusion of Consequential Damages
In no event shall the Service Provider be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or in connection with the Services or this Agreement, including property devaluation, lost enjoyment, costs from secondary damage, or loss of use, regardless of foreseeability.
16.5 Damage Reporting
Any claim for property damage must be reported to the Service Provider within forty-eight (48) hours of the Service Visit in question. Claims reported after this period may not be accepted, as the Service Provider cannot reasonably investigate or verify damage reported beyond this timeframe.
17. INDEMNIFICATION
The Client shall indemnify, defend, and hold harmless the Service Provider and its owners, officers, employees, agents, and subcontractors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from: the Client’s failure to disclose property hazards; the Client’s failure to secure pets; the Client’s failure to provide safe access; any breach by the Client of this Agreement; or any negligent or intentional act or omission of the Client causing injury or damage to the Service Provider’s personnel, equipment, or third parties.
18. SERVICE VERIFICATION
The Service Provider may, at its discretion, photograph the Client’s property before and after Service Visits for the purposes of quality assurance and service verification. The absence of photographic documentation for any particular Service Visit does not indicate that the service was not performed.
19. FORCE MAJEURE
The Service Provider shall not be liable for any delay or failure in performing the Services resulting from causes beyond its reasonable control, including: adverse weather, equipment breakdown, labour shortages or illness, natural disasters, and government orders or public health emergencies. The Service Provider shall use commercially reasonable efforts to resume Services as soon as practicable.
20. NOTICE REQUIREMENTS
All notices under this Agreement shall be in writing and deemed given when: delivered personally; sent by registered or certified mail; sent by email with confirmation of receipt; or delivered by any mutually agreed method. Each Party shall promptly notify the other of any change in contact information.
21. PAYMENT DISPUTES AND CHARGEBACKS
In the event of a payment dispute, the Client shall: (a) notify the Service Provider in writing within fifteen (15) days of the invoice date with reasonable detail; (b) continue to pay any undisputed portion on time; and (c) work in good faith with the Service Provider before initiating any chargeback, payment reversal, or stop-payment. If the Client initiates a chargeback for Services actually rendered without following this process, the Client remains liable for the original amount plus any administrative fees, processing charges, or costs incurred by the Service Provider as a result.
22. DISPUTE RESOLUTION
The Parties shall first attempt to resolve any dispute through good faith negotiation within thirty (30) days of written notice. If unresolved, either Party may pursue mediation through a mutually agreed mediator in British Columbia. If mediation fails, either Party may pursue legal remedies through the courts of competent jurisdiction in the Province of British Columbia.
23. PRIVACY AND PERSONAL INFORMATION
The Service Provider collects and uses the Client’s name, property address, contact information, and payment details solely for delivering Services, processing payments, and account management. The Service Provider shall not sell or disclose personal information to third parties except as necessary to deliver Services, process payments, or as required by law. The Service Provider shall take reasonable steps to protect personal information in accordance with the Personal Information Protection Act (British Columbia).
24. GOVERNING LAW
This Agreement shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. The Parties submit to the exclusive jurisdiction of the courts of British Columbia.
25. GENERAL PROVISIONS
25.1 Severability
If any provision is found invalid or unenforceable, it shall be severed and the remaining provisions shall continue in full force. Where possible, the invalid provision shall be modified to the minimum extent necessary to make it enforceable while preserving the Parties’ intent.
25.2 Waiver
Failure to enforce any provision on any occasion shall not constitute a waiver of that provision. Any waiver must be in writing and signed by the waiving Party.
25.3 Assignment
The Client shall not assign this Agreement without the Service Provider’s written consent. The Service Provider may assign this Agreement to a successor, affiliate, or purchaser of its business without the Client’s consent. This Agreement binds and benefits the Parties and their respective heirs, executors, administrators, successors, and permitted assigns.
25.4 Entire Agreement
This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior negotiations, representations, and understandings. No amendment shall be valid unless in writing and signed by both Parties.
26. SERVICE COMMITMENT ACKNOWLEDGMENT
By initialing below, the Client confirms that they have read, understood, and agree to the following:
| Acknowledgment |
| I understand this is a full-season commitment, not a pay-per-visit arrangement. Per-visit billing is a payment method and does not allow me to discontinue at will. |
| I understand that if I cancel during the Service Season, I will be charged an Early Termination Fee equal to the Per-Visit Rate multiplied by the number of remaining scheduled visits. |
| I understand that this Agreement automatically renews each season unless I provide written cancellation notice before February 28. |
27. ELECTRONIC ACCEPTANCE
This Agreement may be executed electronically. Where the Client accepts this Agreement through the Service Provider’s website or online registration process, the Client’s act of selecting the mandatory checkbox confirming “I have read and agree to the Seasonal Service Agreement” and submitting the online form shall constitute valid execution of this Agreement with the same legal force and effect as a handwritten signature, in accordance with the Electronic Transactions Act (British Columbia).
The Service Provider shall make the full text of this Agreement available on the same page as, or accessible by direct link from, the online acceptance checkbox. The Client acknowledges that by checking the box and submitting the form, the Client has had the opportunity to read this Agreement in its entirety before accepting.
The Service Provider may record the date, time, and internet protocol (IP) address associated with the Client’s electronic acceptance. Such records shall constitute evidence of the Client’s acceptance of this Agreement.