TERMS OF SERVICE (Rev 12/19)

*Items are categorized by service but may apply to all/other services.

LAWN CARE

1. Payment

When you have accepted an estimate, you will be prompted to enter your credit card information into our Customer Portal. This must be completed before your first service can be scheduled. Your chosen credit or debit card information will be encrypted and stored in a safe and secure electronic payment system, to be used only by our company for the purpose of collecting payment for services performed by our company. Payment for lawn care services will be charged to your card on file every Monday for the previous week of service. An electronic receipt will be sent to you. If a payment is unable to be processed, service will be put on hold until payment is made. Repeated unsuccessful payments may result in termination of service.

2. Scheduling

In a business whose productivity relies upon the weather, scheduling can be difficult at times. Inclement weather may affect scheduling. We try our best to keep scheduling conflicts to a minimum; however, circumstances that are beyond our control may affect your project start and completion dates. Lawn care services are placed on a weekly or bi-weekly schedule and adjusted as needed throughout the season by our professionals. Please note that if our lawn care crews come to your property to perform scheduled lawn care service and your lawn is freshly mowed by another person or provider without notice to our company, a charge of 50% of your regular service cost will be assessed to your account.

3. Annual Maintenance Schedule

All lawns are put on our bi-weekly maintenance schedule beginning March 1st.  Weekly service begins on April 1st for all customers signed up for weekly maintenance. Weekly customers will transition to bi-weekly service on October 15th. Bi-weekly service for all customers will continue until January 1st. All homes will be serviced once in January and once in February.

4. Picking Up Items

Your service will be predictable and reliable. Since you’ll know when we’re coming, we ask that you please pick up all items in your yard and move all vehicles or blockages that may hinder our ability to access gates, etc.. This includes dog feces and dog toys, children’s toys, hoses, gardening equipment, etc. Extra charges may apply if our mowing crew is responsible for picking up items in your yard (this excludes sticks and yard debris when we are providing a clean up service). This ensures that our crew can stay efficient and do the best job for you, while avoiding damage to your personal items and our equipment. Repeated occurrences, damage to our equipment or personal injury to our employees may result in termination of service.

5. Courtesy and Safety

While Restoration Landscape Company is on location at your property, you are responsible for keeping all children and pets, as well as other individuals, away from the work area. This is for your safety, as well as our own.

6. Extra Clean Up Due to Storm or Heavy Winds

If a storm or heavy wind leaves behind excessive sticks, tree limbs, and/or yard debris, we will clean up what is necessary and charge at a rate of $60 per man hour plus a $20 disposal fee. In most instances, we will communicate with you before any work is done; the only exception is if the debris is so severe that it hinders our ability to provide your regularly scheduled lawn service. If your lawn has acquired heavy debris between mows, please contact us to discuss your options.

7. Extra Clean Up Due to Tree Discharge

If a tree on your property (or a neighbor’s property) causes excessive discharge to the point that it hinders our ability to provide your regularly scheduled lawn service, we will charge at a rate of $60 per man hour plus a $20 disposal fee to clean up the area. If your lawn has acquired heavy debris between mows, please contact us to discuss your options.

8. Requesting to Skip a Mow

Our crew leaders are trained professionals. When they arrive on the job site, they analyze the status of your lawn. If it appears that it does not need mowed and would benefit from skipping a week of service, the crew leader will make a note of the skipped service. This may happen during drier periods or toward the beginning/end of the season. Otherwise, your lawn will be mowed as scheduled. You are allowed two requested skips per year at no charge, if requested at least 24 hours before your service is scheduled to be performed. If you request to skip service with less than 24 hours’ notice, or request more than two skips per season, your account will be charged 50% of your regular service cost.

9. Requesting to Mow Shorter

Please be advised that we mow between 2 and 2 ½ inches for weekly lawns and between 2 ½ and 3 inches for bi-weekly lawns. This guarantees optimal health, quality, and aesthetic of your lawn. Mowing shorter removes to much growth at a time causing damage to the grass roots, promotes weed growth, and destroys the overall look of your lawn. We take pride in the lawns we mow. We want you to take pride in the health and beauty of your lawn as well.

10. Damages

We cannot be held responsible for damage to irrigation systems, sprinkler heads, downspout covers, etc. We can replace certain items for a small fee. We cannot be held responsible for damage to certain unavoidable areas that could be affected by a string trimmer, including, but not limited to: fencing, mailbox posts, fences, swing sets and play areas, unprotected siding that may be low to the ground, and other unprotected areas. If an item should be directly damaged by our equipment, we will communicate the issue with you as soon as possible. Please note that Restoration Landscape Company is fully licensed and insured, carries one-million-dollar liability insurance, and workers’ compensation coverage on all Restoration Landscape Company employees.

11. Satisfaction Guarantee

Your 100% satisfaction is guaranteed. If for any reason you are not satisfied with the quality of service you have received, please contact us within 24 hours. This contact may be in the form of a phone call or voicemail, e-mail, or service request through our Customer Portal. Please leave your contact information and describe the issue in detail. If you contact us after regular business hours (Monday through Friday 8:00am to 5:00pm), we will contact you as soon as possible when we re-open. If an issue should arise after the 24 hour window, it may be due to an issue of nature or other circumstance that could prevent us from correcting the problem at no charge.

12. Cancellation

If you choose to cancel your weekly or bi-weekly lawn care service, a 24-hour notice (or if your service day is Monday, please notify us before 5:00pm on Friday) is required. If we do not receive notice of your cancellation, a charge of 50% of your regular service cost will be assessed to your account.

13. Continuation of Service

Once your service begins, you’ll be placed on our annual schedule for service to resume each spring. Written notice of cancellation is necessary from either party to end service.

14. Promotion

Restoration Landscape Company may take photographs of your property, in terms of “before” and “after” purposes. By accepting this estimate, you grant us the permission to take such photographs and give us sole rights to the property of these photographs.

FERTILIZATION & WEED CONTROL PROGRAMS​

1. Payment

​When you have accepted an estimate, you will be prompted to enter your credit card information into our Customer Portal. This must be completed before your first service can be scheduled. Your chosen credit or debit card information will be encrypted and stored in a safe and secure electronic payment system, to be used only by our company for the purpose of collecting payment for services performed by our company. Payment for lawn treatments will be charged by the end of the day of your service (or within 24 hours). It may be charged to your card on file the following Monday if you also receive lawn care services with our company. An electronic receipt will be sent to you. If a payment is unable to be processed, service will be put on hold until payment is made. Repeated unsuccessful payments may result in termination of service.

2. Scheduling

In a business whose productivity relies upon the weather, scheduling can be difficult at times. Inclement weather may affect scheduling. We try our best to keep scheduling conflicts to a minimum; however, circumstances that are beyond our control may affect your project start and completion dates.

3. Picking Up Items

Your service will be predictable and reliable. We ask that you please pick up all items in your yard. This includes dog feces and dog toys, children’s toys, hoses, gardening equipment, etc. Extra charges may apply if our crew is responsible for picking up items in your yard (this excludes sticks and yard debris when we are providing a cleanup service). This ensures that our crew can stay efficient and do the best job for you, while avoiding damage to your personal items and our equipment.

4. Courtesy and Safety

Chemicals will be used during your fertilization and weed control treatments. While Restoration Landscape Company is on location at your property, you are responsible for keeping all children and pets, as well as other individuals, away from the work area. Please keep the work area cleared of all children and pets for 24 hours following our service. Please note that Restoration Landscape Company is fully licensed and insured, carries one-million-dollar liability insurance, and workers’ compensation coverage on all Restoration Landscape Company employees.

5. Lawn Inspections

If we also provide weekly lawn care, we’ll be at your property regularly and will inspect it at each visit. If we only provide fertilization and weed control treatments, we will provide 8 application services through the season (excluding additional grub treatment, aeration, and over-seeding services) and two free lawn inspections (scheduled by us). If you request additional inspections outside of our regular service schedule, a non-refundable $50 service fee will be charged to your account.

6. Fungal Disease Treatment

If an area in your yard is affected by a fungal disease, we will contact you regarding appropriate treatment. Cost of service will be dependent on severity of the issue.

7. Weed Growth Due to Excessive Rain/Watering

Our eight applications span the season in approximately 6 to 8-week intervals. If excessive rain/watering or weather conditions demand an interim application (i.e., causing excessive and/or uncontrollable weed growth), we will contact you regarding appropriate course of action.

8. A Long-Term Commitment to Quality (including a note about weed control)

Fertilization and weed control is a long-term service. Depending on the health of your lawn before our services begin, it may take a season or more to achieve the results we all want. It’s also important to remember that weed control does not mean weed eradication, and in many cases, certain weeds must germinate and grow a bit before we can effectively treat them. We have developed a very effective eight application treatment plan that spans the growing season, but the weather is ultimately in control in the end. If you have any questions or concerns throughout your service season, please don’t hesitate to contact us.

9. Continuation of Service

Once fertilization and weed control service begins, you’ll be placed on our annual schedule for service to resume each spring. Written notice of cancellation is necessary from either party to end service.

10. Promotion

Restoration Landscape Company may take photographs of your property, in terms of “before” and “after” purposes. By accepting this estimate, you grant us the permission to take such photographs and give us sole rights to the property of these photographs.

LANDSCAPING, HARDSCAPING, TRIMMING & LARGE PROJECTS

1. Payment & Scheduling

When you have accepted an estimate, you will be prompted to enter your credit card information into our Customer Portal. This must be completed before your first service can be scheduled. Your chosen credit or debit card information will be encrypted and stored in a safe and secure electronic payment system, to be used only by our company for the purpose of collecting payment for services performed by our company. In a business whose productivity relies upon the weather, scheduling can be difficult at times. Inclement weather may affect scheduling. We try our best to keep scheduling conflicts to a minimum; however, circumstances that are beyond our control may affect your project start and completion dates. You will be notified of any changes.

2. Deposits and Payment in Full

By accepting your landscaping or trimming estimate, you agree to pay the cost of your service in its entirety. You understand that if the service cost is $1000 or higher, a 50% non-refundable deposit (or pre-payment) will be required before services can be scheduled. Payment will be due (either the remaining 50% or payment in full) at the time the service is completed, unless otherwise discussed. You will be required to place a credit card on file in our secure online Customer Portal, unless otherwise stated. Payment will be collected by us through the credit card on file in the Customer Portal at the completion of the service, unless otherwise stated. In the case that we are unable to secure payment, the customer agrees to pay any collection cost incurred by Restoration Landscape Company related to the collection process of outstanding balances.

3. Warranties

Restoration Landscape Company does not warranty any tree, shrubs, flowers, plants, etc., unless explicitly stated in your estimate.

4. Water Usage

By accepting this estimate, you agree to provide Restoration Landscape Company the right to use an on-site water supply as needed to complete the stated project without compensation. It is the Customer’s responsibility to make sure the water supply is on and working before we arrive. Service may be rescheduled, canceled, and/or additional charges may apply if water is not available at the time of our arrival.

5. Property

By accepting this estimate, you understand that the service will be performed at the agreed upon service address. It is your responsibility to procure any and all necessary property surveying, permits, etc.

6. Scope of Work

By accepting this estimate, you understand the scope of work is limited to the description in the service estimate and/or design or sketch. Restoration Landscape Company has no responsibility or liability for services that were not performed, if not listed in the service estimate. If you have any questions about the scope of work in this project, please contact us before accepting this estimate. If for any reason the scope of work should change or increase due to customer request or matters out of our control, the compensation amount may change. Additional service requests or changes may be scheduled for a later date.

7. Weed Growth

Restoration Landscape Company, is not liable for any weeds that may emerge after a landscape installation has been completed. Weed seeds are spread through wind and weather, i.e. factors beyond our control.

8. Courtesy and Safety

While Restoration Landscape Company is on location at your property, you are responsible for keeping all children and pets, as well as other individuals, away from the work area. This is for your safety, as well as our own. Please note that Restoration Landscape Company is fully licensed and insured, carries one-million-dollar liability insurance, and has workers’ compensation coverage for all Restoration Landscape Company employees.

9. Removal and Replacement of Property

Removal and replacement of grills, patio furniture, planters, children’s and pets’ toys, etc. is the responsibility of the homeowner. Once you are placed on our schedule, please prepare for our arrival accordingly. Should we need to remove items from the deck or yard, we will not be responsible for breakage, storage issues, or proper return to the original area. An additional charge will be applied for the time and labor devoted to the removal of these items.

10. Damages

Restoration Landscape Company cannot be held liable for any damage that may be out of our control, including ground status during excavation. We cannot be held liable for damage to our work should surrounding features or structures fail. Please note that Restoration Landscape Company is fully licensed and insured, carries one-million-dollar liability insurance, and workers’ compensation coverage on all Restoration Landscape Company employees.

11. Promotion

Restoration Landscape Company may take photographs of your property, in terms of “before” and “after” purposes. By accepting this estimate, you grant us the permission to take such photographs and give us sole rights to the property of these photographs.

PRESSURE WASHING

1. Scheduling

Once you accept the estimate and secure any required pre-payments (see #2), your service will be scheduled at our next available opening, unless otherwise discussed. In a business whose productivity relies upon the weather, scheduling can be difficult at times. Inclement weather may affect scheduling. We try our best to keep scheduling conflicts to a minimum; however, circumstances that are beyond our control may affect your project start and completion dates. You will be notified of any changes.

2. Deposits and Payment in Full

By accepting this estimate, you agree to pay the cost of this service in its entirety. You understand that if the service cost is $1000 or higher, a 50% non-refundable deposit (or pre-payment) will be required before services can be scheduled. Payment will be due (either the remaining 50% or payment in full) at the time the service is completed, unless otherwise discussed. It will be required to place a credit card on file in our secure online Customer Portal, unless otherwise stated. Payment will be collected by us through the credit card on file in the Customer Portal at the completion of the service, unless otherwise stated. In the case that we are unable to secure payment, the customer agrees to pay any collection cost incurred by Restoration Landscape Company related to the collection process of outstanding balances.

3. Warranties

All warranties are limited to those offered by the manufacturers of the products used by Restoration Landscape Company. The company makes no additional warranties. If you ever have a concern regarding our work, please contact us immediately.

4. Water Usage

By accepting this estimate, you agree to provide Restoration Landscape Company the right to use an on-site water supply as needed to complete the stated project without compensation. It is the Customer’s responsibility to make sure the water supply is on and working before we arrive. Service may be rescheduled, canceled, and/or additional charges may apply if water is not available at the time of our arrival.

5. Electrical Usage

By accepting this estimate, you agree to provide Restoration Landscape Company the right to use an on-site source of electricity as needed to complete the stated project without compensation.

6. Color and Tone

The properties and species of wood, age and weather can greatly affect the resulting color or tone of the stain. Variances may occur on individual boards, as well as total project densities, and other characteristics vary across and throughout wood. Restoration Landscape Company and all its associates attempt to represent final finish color and tones as best as possible. While we can often give you an idea of the overall color or tone, you must expect some variance in the overall finish.

7. Courtesy and Safety

Please be advised that some chemicals will be used during this service. While Restoration Landscape Company is on location at your property, you are responsible for keeping all children and pets, as well as other individuals, away from the work area. Please keep the work area cleared of all children and pets for 24 hours following our service. This is for your safety, as well as our own.

8. Removal and Replacement of Property

Removal and replacement of grills, deck furniture, planters, etc. is the responsibility of the homeowner. Once you are placed on our schedule, please prepare for our arrival accordingly. Should we need to remove items from the deck or yard, we will not be responsible for breakage, storage issues, or proper return to the original area. An additional charge will be applied for the time and labor devoted to the removal of these items.

9. Damages

Restoration Landscape Company is not responsible for damages due to improperly installed siding, loose shingles or siding, broken or open windows, improperly sealed windows, wood rot, defective construction, improperly secured wires, loose or improperly installed gutters and leaders, and improper caulking. In every aluminum siding case, and in some case in vinyl siding, the sun and weather will bleach the color and cause it to fade. Pressure washing, which entails removal of chalky grit of failing surface materials, may cause the faded aspects of the vinyl or aluminum to stand out. Restoration Landscape Company will not be responsible for such conditions. Restoration Landscape Company will not be responsible for loose mortar that may dislodge during the cleaning process. Please note that Restoration Landscape Company is fully insured, carries one-million-dollar liability insurance, and workers’ compensation coverage on all Restoration Landscape Company employees.

10. Stains

Some stains cannot be removed by pressure washing. Tree sap, artillery fungus, and splatters from stain and paint are examples of materials that cannot be removed by conventional means. We make every attempt to point out these areas to the customers when quoting the project. Sometimes these stains cannot be removed at all.

11. Property Expectations

Restoration Landscape Company expects your property to be in good repair and weather-tight. This includes, but is not limited to, all electrical service including receptacles and light fixtures. Doors and windows shall also be weather-tight. Restoration Landscape Company is not responsible for any damages as a result of water infiltration from proper installation, maintenance, or repair of electrical related items or doors or windows. Restoration Landscape Company cannot guarantee removal of artillery fungus from exterior house surfaces.

12. Windows

Windows may become water spotted as a result of our services. Window cleaning is not included.

 

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS IMPORTANT PROVISIONS REGARDING THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE BETWEEN YOU AND RESTORATION LANDSCAPE COMPANY. 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 Restoration Landscape Company for lawn care services. Customer further acknowledges that these terms and conditions are a material inducement for Restoration Landscape Company’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, Restoration Landscape Company 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 706-395-5069 to cancel. Either you or Restoration Landscape Company 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.

AUTO-PAY AGREEMENT. Customer’s enrollment in the Restoration Landscape Company Auto-Pay option constitutes Customer’s agreement to the following terms

and provisions which shall be deemed a binding part of your agreement to receive and pay for services provided by Restoration Landscape Company. Please read these

provisions carefully and contact Restoration Landscape Company immediately in the event that you wish to cancel your Auto-Pay Enrollment:

  • Customer agrees to pay for all services provided and authorizes Restoration Landscape Company to initiate electronic payment transactions from the credit card account that Customer has provided to Restoration Landscape Company. Customer’s consent applies to all invoices issued by Restoration Landscape Company for all services provided at any time, including invoices for services that automatically renew each year. All payments will be automatically withdrawn from your specified credit card account on the date Restoration Landscape Company issues an invoice for services unless Customer terminates the above authorization in the manner described herein.
  • Customer understands and agrees that Restoration Landscape Company shall automatically charge Customer’s credit card account, as applicable, for the total amount due on Customer’s account. The charge or debit shall be initiated by Restoration Landscape Company as required without further notice to Customer. RESTORATION LANDSCAPE COMPANY SHALL BEAR NO LIABILITY OR RESPONSIBILITY FOR ANY LOSSES OF ANY KIND THAT YOU MAY INCUR AS A RESULT OF A PAYMENT MADE ON ITEMS INCORRECTLY BILLED OR FOR ANY DELAY IN THE ACTUAL DATE ON WHICH YOUR ACCOUNT IS DEBITED OR YOUR CREDIT CARD IS CHARGED.
  • To cancel your Auto-Pay Enrollment, Customer must call Restoration Landscape Company at 706-395-5069. Customer agrees that Restoration Landscape Company may contact customer via telephone, text, or email and further agrees to promptly notify Restoration Landscape Company of any changes or updates to Customer’s credit card information.
  • Customer agrees to promptly notify Restoration Landscape Company in the event of any billing errors so that Restoration Landscape Company can correct any such errors. If Customer’s payment is rejected, refused, returned, disputed, or reversed by Customer’s financial institution or card issuer for any reason, Restoration Landscape Company shall have the right to immediately terminate its contractual relationship with Customer.
  • Restoration Landscape Company reserves the right to terminate Customer’s Auto-Pay enrollment at any time.
  • Customer is responsible to verify whether or not any additional charges will be applied by Customer’s credit card issuer and agrees to be bound by any rules that Customer’s financial institution requires for pre-authorized credit card transactions. Customer is responsible for all fees charged by your financial institution associated with this pre-authorized payment option.
  • Restoration Landscape Company reserves the right to revise the terms of Auto-Pay Enrollment from time to time and will provide notice of any such changes by posting revisions on the Restoration Landscape Company website which shall be deemed effective at the time of posting. If Customer does not agree with any such revisions, Customer must terminate the Auto-Pay Enrollment immediately. Customer’s continued use of the Auto-Pay Enrollment constitutes Customer’s agreement with these terms and conditions, as amended.

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 Restoration Landscape Company is not honored, Restoration Landscape Company 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 Restoration Landscape Company 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 Restoration Landscape Company 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 Restoration Landscape Company of any liability. All amounts paid shall be deemed the property of Restoration Landscape Company.

ACCESS TO PROPERTY. You hereby authorize Restoration Landscape Company to access your property on days and times of Restoration Landscape Company’s choosing to provide the services you have requested. Restoration Landscape Company 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 Restoration Landscape Company, you expressly consent for Restoration Landscape Company, 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 Restoration Landscape Company’s products and services. You expressly consent to be contacted through such means at the telephone numbers (including wireless numbers) you provide to Restoration Landscape Company. 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 Restoration Landscape Company 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 Restoration Landscape Company for the above, or should you wish to stop receiving calls from Restoration Landscape Company, please review your account information or please call us at 706-395-5069.

BINDING EFFECT. This document constitutes a valid agreement between you and Restoration Landscape Company. The rights and obligations created hereunder shall be binding upon you and Restoration Landscape Company and their respective successors. Restoration Landscape Company 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. Restoration Landscape Company 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 Restoration Landscape Company services after receiving such notice constitutes acknowledgement and willingness to be bound by the revised terms and conditions.

WAIVER / SEVERABILITY. Restoration Landscape Company’s failure to enforce any of these Terms or Conditions shall not be deemed a waiver of Restoration Landscape Company’s rights. If a court finds a provision in this Agreement to be invalid, you and Restoration Landscape Company 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 Restoration Landscape Company’s obligations shall so survive the completion of the performance, expiration and termination of this Agreement.

NOTICE OF CLAIM AND OPPORTUNITY TO CUREBefore any claim can be asserted by Customer against Restoration Landscape Company 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 Restoration Landscape Company or its agents, employees, or representatives, Customer must provide timely written notice to Restoration Landscape Company 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 Restoration Landscape Company 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. Restoration Landscape Company 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 Restoration Landscape Company determines to have been its responsibility. Customer agrees to provide Restoration Landscape Company 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 Restoration Landscape Company’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 Restoration Landscape Company or its agents, employees, or representatives that are not asserted in a timely served Notice of Claim.

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

MANDATORY ARBITRATION.  Customer and Restoration Landscape Company agree that all claims by Customer against Restoration Landscape Company which in any way relate to this contract, or to the lawn care services provided to Customer by Restoration Landscape Company, 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 Restoration Landscape Company 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 Restoration Landscape Company 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, Restoration Landscape Company’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 Restoration Landscape Company, any litigation between Customer and Restoration Landscape Company 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 Restoration Landscape Company.

ATTORNEYS FEESIf litigation or arbitration is initiated against Restoration Landscape Company by Customer in violation of the terms of this Agreement, or if Restoration Landscape Company initiates litigation or arbitration against Customer to enforce Restoration Landscape Company’s rights under the terms of this agreement, Customer agrees to pay Restoration Landscape Company’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 RESTORATION LANDSCAPE COMPANY 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 RESTORATION LANDSCAPE COMPANY, INC.