Terms & Conditions –

Landscape Maintenance Agreement 

This Agreement outlines the terms between Greene Thumb Landscape, LLC (“Greene Thumb”) and the undersigned client (“Client”) for professional landscaping services on commercial properties (“Services”). 

1. Invoices and Payment Terms 

  • Greene Thumb will submit invoices to Client in monthly installments. 

  • Invoices are due 15 days from the invoice date, unless otherwise agreed in writing. 

  • Any invoice not paid by the due date is considered past due.  

Early Payment Discount 

As an incentive for early payment, Greene Thumb will apply a two percent (2%) early payment discount, which will be applied to the following month’s Services, when payment in full is received by the tenth (10th) calendar day following the invoice date, as outlined below. 

Payments received on the fifteenth (15th) day or later, while considered timely under Net 15 terms, do not qualify for the early payment discount. 

Method of Payment Timing 

  • Electronic payments: Payment must be successfully received and credited to Greene Thumb by 11:59 p.m. no later than the 14th day after the invoice date. 

  • Check payments: Payment must be postmarked no later than Day 14. Checks received after 10 days with a valid postmark on or prior to the 10th day remain eligible for the early payment discount. 

The early payment discount: 

  • Applies only to the following month’s Services 

  • Is calculated based on the invoice amount paid early 

  • Requires payment in full 

  • Has no cash value and may not be redeemed for cash 

  • May not be combined with other discounts or credits 

Suspension of Services 

  • If payment is not received at 11:59 p.m. on the 21st day after the invoice date, Greene Thumb may suspend all Services immediately without notice. 

  • Suspension: 

  • Does not relieve the Client of payment obligations 

  • May result in visible deterioration of the landscape 

  • Services resume only after all past-due amounts are paid, and Greene Thumb may require prepayment or a retainer before resuming. 

  • Partial payments do not prevent suspension unless the full past-due balance is paid. 

  • Upon resumption of Services, any additional work required due to the suspension—including but not limited to all landscape Services—will be billed at a rate of $65 per hour, per crew member. 

2. Services and Scheduling 

Service Schedule and Frequency 

  • Services are performed on a set schedule determined by Greene Thumb. 

  • Frequency may be adjusted based on growing conditions, weather, or property needs. 

  • In extreme weather (heavy rain, drought, snow, etc.), Greene Thumb may modify, reschedule, or skip Services. 

  • If Greene Thumb recommends skipping a Service due to weather or site conditions, there will be no additional charge for extra labor the following week. 

Service Skipping and Client Cancellations 

  • Client may request to skip a scheduled Service by notifying Greene Thumb before 5:00 PM the prior business day. 

Example: If Services are scheduled on Monday, notify Greene Thumb by 5:00 PM Friday. 

  • If the Client skips scheduled Services, any additional work required including but not limited to all landscape Services—will be billed at a rate of $65 per hour, per crew member. 

Weather-Related Adjustments 

  • Mowing and lawn care Services may be adjusted due to excessive rainfall, drought, or extreme heat. 

  • Snow and ice management Services may vary based on storm severity. 

  • Greene Thumb is not responsible for delays or damage caused by hurricanes, tornadoes, extreme flooding, or other natural disasters. 

3. Client Responsibilities 

  • Maintain site access (e.g., unlocked gates or access codes). 

  • Ensure the property is free of obstacles or debris that may interfere with the Services (tools, vehicles, pet waste, equipment, furniture, trash, etc.). 

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

  • If the Client is responsible for watering flowers, trees, or sod, Greene Thumb is not liable for plant loss due to under-watering or drought. 

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

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

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

4. Additional Services and Change Orders 

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

  • Services for any change order will not proceed until the Client and Greene Thumb approves 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. Annual Flower Warranty 

  • Greene Thumb warrants annual flowers, including plant care and watering performed by Greene Thumb, for fourteen (14) calendar days from the date of installation. 

  • Covers failure due to defects in plant material or installation only. 

  • This warranty does not cover loss or decline due to improper watering, extreme weather, irrigation failure, foot traffic, vandalism, pets, vehicles, disease, pests, or soil conditions beyond Greene Thumb’s control. 

  • If failure occurs within 14 days, Greene Thumb will replace affected plants one time. Labor and maintenance beyond replacement are not included. 

6. Contract Term and Renewal 

  • Multi-year contracts are available and recommended for budgeting and long-term savings. 

  • The Agreement is binding on successors and permitted assigns. 

7. Liability and Insurance 

  • Greene Thumb carries general liability and worker’s compensation insurance. 

  • Greene Thumb is not responsible for damage due to hidden irrigation lines, underground utilities, or pre-existing landscape conditions. 

  • 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. 

8. Termination and Non-Payment Remedies 

Termination for Cause 

  • Either party may terminate this Agreement or any Order due to breach by a party that is not cured within 15 days written notice from the non-breaching party. 

  • Client Termination for Convenience 

  • Client may terminate for any or no reason with 15 days’ advance written notice. 

  • Client is responsible for: 

  • All outstanding balances 

  • Prorated cost of Services performed through termination date 

  • Cancellation fee: 15% of remaining Services 

  • Multi-year contracts cancellation fee: 10% of remaining Services in Year 2, 5% of remaining Services in Year 3 

  • Termination for Non-Payment / Suspension 

  • Greene Thumb may suspend or terminate immediately for non-payment of Fees that are more than 5 days past due. 

  • Upon termination due to non-payment, all outstanding balances are immediately due and payable  and warranties are void. 

Collection Costs 

  • Client agrees to pay all costs incurred to recover unpaid amounts, including attorney’s fees, court costs, and collection agency fees. 

Effect of Termination 

  • Termination does not relieve the Client of payment for Services already performed or any owed amounts. 

9. Dispute Resolution 

  • Client and Greene Thumb will first 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. 

10. 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. 

11. 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. 

  • Clients agrees to offer Greene Thumb first right of refusal before using any third-party landscapers similar to the Services. 

12. Agreement Binding Terms 

  • 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.