Terms and Conditions – Enhancements Agreement 

This Agreement (“Agreement”) outlines the terms between Greene Thumb Landscape LLC (“Greene Thumb”) and the undersigned client (“Client”) for professional landscaping services, including one-time projects, seasonal enhancements, and cleanups on residential or commercial properties. 

1. Scope of Services 

Greene Thumb agrees to provide landscaping services  (“Services”) as described in the attached proposal or work order (“Order”). Services may include but are not limited to cleanups, plantings, or other enhancements. 

• All Services will be performed at locations designated by the Client in the Order. 

• Services performed on a set schedule or one-time basis are determined by Greene Thumb. 

• Greene Thumb may modify or reschedule Services due to weather, natural disasters, or other conditions outside its control. 

2. Residential and Commercial Payment Terms 

Residential Clients 

• A deposit for the Services (“Deposit”) may be required in order to schedule services.  The amount of any Deposit and its payment terms are described in the applicable Order.  The Deposit will be applied against the total Fees for the Services, as described in the Order.  

• The remaining balance of Fees, as stated in the applicable Order, after applying the Deposit, is due upon completion of Services, unless otherwise stated in the Order. 

• Clients may reschedule Services up to two (2) business days in advance.  

 Commercial Clients 

• A Deposit may be required in order to schedule of Services. The amount of any Deposit and its payment terms are described in the applicable Order.  The Deposit will be applied against the total Fees for the Services, as described in the Order. 

• Invoices are due Net 15 from the invoice date, unless otherwise agreed in the applicable Order. 

• Payment is required via electronic payment method such as credit/debit card, wire, ACH, or other method agreed to by Client and Greene Thumb. Checks and cash are not accepted unless otherwise agreed to in the applicable Order. 

• Clients approved to pay by check must maintain a valid credit card on file for backup. Greene Thumb may charge the credit card for late, failed, or returned payments. If Client does not have a valid credit card on file, Client is required to email confirmation of the check number and a copy of the check stub upon submitting payment. 

3. Client Responsibilities 

• Maintain site access (unlocked gates, access codes). 

• Remove obstacles, debris, or hazards that may interfere with Services (tools, vehicles, electrical cords, pet waste, equipment, furniture, trash, etc.). 

• Maintain irrigation systems and ensure proper watering of plant material where applicable. 

• Must clearly and visibly mark all irrigation heads, underground utilities, invisible fencing, landscape lighting, septic systems, and other concealed or subsurface items prior to service. 

• Both the Client and Greene Thumb agree to respond to emails, phone calls, and text messages related to this Agreement within forty-eight (48) hours. 

• Failure to meet responsibilities may result in rescheduling or additional charges. 

4. Additional Services and Change Orders 

• Requests for Services not stated in the Order require a change order, written proposal, or cost estimate. 

• Services for any change order will not proceed until the Client and Greene Thumb have approved the change order in writing, and Client has paid any adjustment to the Deposit if such change order requires an additional cost. 

• Change orders should be submitted for approval with at least 48 hours prior notice to prevent Services delays. 

5. Liability & Insurance 

• Greene Thumb is licensed, bonded and insured.  

• Greene Thumb is not responsible for damage caused by hidden irrigation lines, underground utilities, pre-existing landscape conditions, or third-party actions. 

• Greene Thumb is not liable for plant loss due to under-watering, drought, extreme weather, or Client failure to maintain site or irrigation. 

• Greene Thumb is not responsible for existing turf or plant loss, decline, or damage resulting from natural decomposition, fungal growth, mold, microorganisms, or interactions between supplied materials (such as mulch, soil, or amendments) and existing plantings, perennials, shrubs, trees or turf. 

• The total liability for any claim arising from or related to this Agreement or any Order is limited to the Fees for the Services applicable to such liability. 

• Greene Thumb shall not in any circumstances, except if required by law, be liable to Client or to any third party for any consequential, incidental, punitive, or other indirect damages. 

6. Termination and Non-Payment Remedies 

• Termination does not relieve Client of payment of Fees for Services performed. 

• Client agrees to pay all collection costs, including attorney’s fees, court costs, and collection agency fees for any Fees not paid timely. 

• Greene Thumb may suspend the Services at any time due to non-payment of Fees dues. 

7. Dispute Resolution 

• Client and Greene Thumb agree to attempt good-faith negotiations before pursuing legal remedies in court. 

• This Agreement and any Order are governed by the laws of the State of Indiana.   

• Unresolved disputes will be submitted to mediation in Indianapolis, IN.  Client and Greene Thumb agree that any disputes not resolved by mediation that result in legal claims shall be filed in any applicable court with proper jurisdiction in Marion County, Indiana. 

• Client and Greene Thumb agree that If any litigation is commenced under this Agreement, the successful party shall be entitled to recover, in addition to such other relief as the court may award, its reasonable attorneys’ fees, expert witness fees, litigation-related expenses, court costs, and other costs incurred in such litigation or proceeding.  

• Both parties agree to waive any right to have a jury participate in the resolution of the dispute or claim. 

8. Force Majeure 

Greene Thumb is not responsible for delays, damages, or obligations caused by events beyond its control, including natural disasters, acts of government, labor strikes, acts of impracticability, or supply shortages. 

9. Subcontracting and First Right of Refusal 

• Greene Thumb may subcontract the Services provided that Green Thumb remains liable for all obligations under this Agreement or any Order. 

• Client agrees to offer Greene Thumb the first right of refusal before engaging any third-party landscapers for similar services similar to the Services. 

10. Entire Agreement 

• This Agreement, together with any attached proposals or Orders, constitutes the entire agreement between the parties and supersedes all prior discussions or agreements, written or oral. 

• Once signed, this Agreement is legally binding, and the parties agree to all terms and obligations outlined herein.