Terms and Conditions

LAST UPDATED 3/7/2024

These Terms and Conditions, may be amended from time to time, apply to all our services, and by agreeing to service(s) offered by Majestic Landcare, you acknowledge and agree to have read, understood, and agree to the Terms and Conditions set below.

SPECIFICATIONS, PERMITS AND FEES:

All required permits or fees will be paid for by OWNER(S) and obtained by Majestic Landcare. All other charges, taxes, assessments, fees, etc., of any kind required by any governmental body, telephone, utility company or the like shall be paid for by OWNER(S).

INVOICING AND PAYMENT:

Payment is due within thirty (30) days from the date of the invoice in the form of Check, or Bank to Bank Transaction (ACH). Checks must be made out to Majestic Landcare, LLC. For any unpaid balance after 30 days from invoice date, a 2% monthly late fee, 24% yearly will be assessed. Invoices will be sent primarily via email. Invoices will be sent via US Mail if requested by the OWNER(S). If payment is not received within 45 days from the due date, service(s) may be suspended until payment is received. Payment methods will be clearly shown on each invoice. Checks must be made out to Majestic Landcare, LLC. For billing inquiries: (612) 532-8173 or E-Mail: majesticlandcare@gmail.com. A service charge of $50.00 will be charged for any returned check.

PRE-PAY POLICY:

By making a payment on your service(s), you accept and agree to the prepay cancellation policy detailed as follows: Prepayment discount applies to the entire season of services you have accepted and agreed upon. If, for any reason, you choose to cancel your service(s) after receiving the prepayment discount and before the season ends, you will void the prepay discount and all services will revert back to the retail price(s). If a refund is owed to you as a result of your cancellation, we will process the amount based off of the retail price and not the prepay discounted price per service.

COLLECTION AND LEGAL FEES:

OWNER(S) agrees to pay all collection fees and charges including but not limited to all legal and attorney fees that result should OWNER(S) default in payment according to the terms contained herein.

LIEN NOTICE:

Per Minnesota Statute “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. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price, or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waiver signed by persons who supplied any labor or material for the improvement and who gave you timely notice.”

OWNERS REQUIREMENTS:

OWNER(S) are not required to be at home during the service, but the service area must be accessible and free of obstructions (lawn furniture, toys, trash, bio-hazardous materials, etc.) prior to the scheduled visit. If we find obstructions, we will service what we have access to and you will be charged for a full service. Majestic Landcare is not responsible for damage to unseen obstructions on property (lawn furniture, toys, etc.). Please make sure all gates are unlocked so the crew has access to your backyard. Our teams always do the best they can to close all backyard gates after work is performed. But it is to the client’s responsibility to check if all gates are shut properly before letting their pets return back into the yard. Majestic Landcare will not be responsible if pets escape the yard after service of property. The OWNER(S) shall keep all pets secured inside a building or fenced area and shall keep people away from Majestic Landcare’s area of work for the safety of all parties concerned whilst Majestic Landcare is performing services. Lawns with excessive pet waste (feces) will be subject to an additional $25 fee per service visit, or Majestic Landcare may elect not to service the pet waste areas. The OWNER(S) shall notify Majestic Landcare in writing of any plants that are particularly rare or are a collector’s item and their approximate replacement costs. Majestic Landcare reserves the right not to perform any services in close proximity to such plants. At Majestic Landcare’s discretion, OWNER(S) may be required to provide at OWNER(S)’s expense, a licensed surveyor’s map of the property showing property lines.

LIABILITY:

Majestic Landcare shall not be held liable for damage to items on or below the lawn surface which are not clearly visible or marked such as cables, wires, pipes or sprinkler components. Majestic Landcare shall be liable for damage caused to plants if such damage was caused by willful negligence or improper operation of equipment. Liability shall be limited to the replacement of the plant by Majestic Landcare. The OWNER(S) shall not be liable for any damage to Majestic Landcare’s equipment or any injury or illness sustained by Majestic Landcare and his/her employees or subcontractors or a 3rd party in the performance of this service and the OWNER(S) shall be indemnified against all claims arising from such damage, or injury or illness. Majestic Landcare shall not be liable for the poor health or lack of performance of turf or plants beyond the scope of the service(s) contracted for, or in any event where the OWNER(S) does not provide appropriate or proper care for turf or plants. Majestic Landcare shall be liable for any damage to the lawn or plants due to the incorrect application or choice of pesticides, herbicides or fertilizers. Liability shall be limited to the replacement of the plant(s) by Majestic Landcare.

DELAY:

Majestic Landcare shall not be held responsible for any damage caused by delays resulting from work done by OWNER(S) subcontractor, extra work, acts of OWNER(S) or OWNER(S)’s agent including failure of OWNER(S) to make timely progress payments or payments for extra work, shortages of material and/or labor, bad weather, fire, strike, war, governmental regulations, or any other contingencies unforeseen by Majestic Landcare or beyond Majestic Landcare’s reasonable control.

CLEAN-UP:

Upon completion, and after collecting all debris and surplus material, wherever possible, Majestic Landcare will leave the property hard-scape in a neat, blown clean condition. OWNER(S) grants Majestic Landcare the right to dispose of trash/debris generated from Majestic Landcare’s work on the property into OWNER(S)’s trash/garbage receptacles, otherwise, OWNER(S) agrees that Majestic Landcare may charge OWNER(S) a waste disposal fee, in addition to other fees set forth herein, to cover Majestic Landcare’s costs in removing same.

UNANTICIPATED CONDITIONS & CONCEALED DAMAGE / ACTS OF GOD:

Expense incurred because of unusual or unanticipated conditions shall be paid for by OWNER(S) at end of work (conditions such as, but not limited to, ground conditions that require fill, or unusually hard soil, rocky soil or the presence of ground water). Majestic Landcare will inform OWNER(S) of unanticipated condition(s) and concealed damage which is discovered during the course of work. Majestic Landcare shall not be responsible for any damages caused to the property and irrigation systems or work performed by Majestic Landcare because of the elements, acts of God, acts of third parties, including the OWNER(S) or occupant or any other damages resulting from actions beyond Majestic Landcare’s control, to include act of terrorism or war. Majestic Landcare is not responsible to repair any such discovered deterioration or condition and any work done by Majestic Landcare to remedy such will only be done as extra work pursuant to a written change order.

AUTHORIZATION / RELEASE FOR DELIVERY / REMOVAL OF MATERIALS:

OWNER(S) hereby authorizes Majestic Landcare, Subcontractor, Suppliers, Delivery Companies, and/or Waste Removal Companies to enter OWNER(S)’s property for the purpose of delivering or removing materials and/or waste from the subject property. OWNER(S) further acknowledges that due to the weight of equipment and/or materials, potential damage may occur to the driveway and/or surfaces the equipment or materials are driven or placed upon during the project. Accordingly, OWNER(S) does hereby release and hold harmless Majestic Landcare, Subcontractors Landcare, Suppliers, Delivery Companies, and/or Waste Removal Companies or any other company delivering or removing equipment, materials, or waste from any and all damage which may occur to the driveway and/or any other surfaces on the property.

INSURANCE:

Majestic Landcare will maintain comprehensive general liability insurance insuring Majestic Landcare’s liability for bodily injury, death, and property damage. Majestic Landcare will also maintain worker’s compensation insurance on its employees, and require its subcontractor to similarly provide said insurance. Proof of insurance shall be provided to OWNER(S) upon request.

UNUSED MATERIAL:

All unused material shall remain the property of Majestic Landcare, who shall retain full title, ownership and right of possession of said materials.

CANCELLATION OF SERVICE:

Service may be canceled either before or after commencement of the work by either party by giving thirty (30) days written notice to the other. An early cancellation fee of $50 which is intended not as a penalty, but simply to offset the cost of administrator fees and related expenses will be applied in the event of such cancellation. We may, in our discretion waive the termination fee of $50.00 for the following reasons* : You or your spouse are active military and transferred out of the local area, you sold your property, unemployment, sickness and/or death. (*We may ask for proof for early cancellation). OWNER(S) agrees to pay any outstanding balance owed to Majestic Landcare, and to reimburse Majestic Landcare for the cost of all materials purchased and/or ordered specifically for the job, and cost incurred for delivery for the jobsite. Further, OWNER(S) agrees to reimburse Majestic Landcare for any restocking or return charges incurred by Majestic Landcare in returning unused materials to any of Majestic Landcare’s suppliers or material providers. We reserve the right to cancel your service(s) immediately for the following reasons:

(a) Rude comments, threats, or abusive language towards our staff and crew members

(b) Failure to pay your bill when it is due