TERMS OF SERVICE

Spur Landscape | https://spurlandscape.com/home

These Terms of Service ("Agreement") constitute a legally binding contract between Spur Landscape ("Company," "we," "us," or "our") and any visitor, client, or customer ("you" or "Client") who accesses our website (https://spurlandscape.com/home) or engages our services. By using our website or entering into a project agreement with us, you agree to be bound by this Agreement. If you do not agree, please do not use our website or services. Individuals under the age of eighteen (18) are not permitted to enter into agreements with our Company.

We reserve the right to amend or update this Agreement at any time. Continued use of our website or engagement of our services constitutes acceptance of any changes.

I. Services

Spur Landscape provides professional landscaping design and installation services for residential and commercial properties throughout the DFW Metroplex, including Fort Worth, Arlington, Aledo, Crowley, Dallas, Grapevine, Mansfield, Southlake, and surrounding communities. Our services include but are not limited to:

Landscape design and planning

Landscape installation (plant material, sod, mulch, rock, edging)

Tree and shrub installation

Seasonal color installation

Drainage solutions

Outdoor living enhancements

Maintenance and ongoing landscape care

Services for homeowners, builders, general contractors, and landscape architects

All services are performed pursuant to a signed project contract executed between Spur Landscape and the Client. This Agreement governs the general terms of the client relationship; specific project scope, pricing, timelines, and terms are established in project-specific contracts.

II. Free On-Site Consultation

Spur Landscape provides a free on-site consultation and property walkthrough to qualified residential and commercial clients. During the consultation, we assess your property, discuss your goals and budget, and develop a landscape plan tailored to your space. No work begins until you have reviewed and signed the project contract.

III. Landscape Plans, Proposals, and Contracts

Following the on-site consultation, we develop a preliminary landscape plan and proposal outlining the scope of work, plant material selection, project pricing, and estimated timeline. A proposal is not a binding contract until both parties have executed a written project agreement.

Each project is governed by a separate written contract that sets forth the binding terms for that specific project, including scope of work, pricing, payment schedule, timeline, and warranty terms. In the event of any conflict between this Agreement and a project-specific contract, the project-specific contract controls.

IV. Pricing, Estimates, and Change Orders

All estimates and proposals are based on the scope of work, site conditions, and plant material availability at the time of proposal. Final contract pricing is established in the executed project agreement.

Change Orders

Any work beyond the original contracted scope -- including design changes, additional plant material, scope additions, or Client-requested modifications -- requires a written change order signed by both parties before additional work is performed. Change orders will specify the additional cost and any timeline impact. Verbal agreements to changes are not binding and will not be honored without a written change order.

Plant Material and Material Availability

Plant material availability and pricing are subject to market and seasonal conditions. If specified plant material becomes unavailable after contract execution, we will notify the Client and present alternatives of comparable quality and value. Any pricing adjustments will be handled via change order.

Unforeseen Site Conditions

Site conditions not visible or discoverable during the initial consultation -- including underground utilities, hardpan soil, drainage issues, tree roots, or existing irrigation -- may require scope or cost adjustments. The Client will be notified and a change order will be presented before additional work is performed.

V. Payment Terms

Payment terms for each project are established in the project contract. General payment structure is as follows unless otherwise agreed in writing:

Deposit

A deposit is required prior to the start of any project. Deposit amounts vary by project scope and are specified in the project contract.

Progress Payments

For larger projects, progress payments may be required at milestones specified in the project contract.

Final Payment

Final payment is due upon substantial completion of the project.

Financial Responsibility

The Client is personally and financially responsible for all amounts due under the project contract, including any collection costs, attorneys' fees, and legal expenses incurred in the recovery of unpaid balances.

VI. Plant Material Warranty

Spur Landscape stands behind the quality of the plant material we install. Plant material installed by Spur Landscape is backed by a warranty as specified in the project contract. Warranty terms vary by plant type and project.

Warranty Conditions

Plant material warranties are contingent on proper watering, care, and maintenance by the Client following installation. Our team will provide care instructions at the time of installation. The warranty does not cover:

Plant loss or damage resulting from improper watering, over-watering, or under-watering

Plant loss due to drought, freeze, extreme heat, or other weather events outside our control

Damage caused by pests, disease, or conditions not present at the time of installation

Plant loss due to Client modifications, neglect, or failure to follow post-installation care instructions

Damage caused by third parties, lawn care equipment, or irrigation system failures not related to our installation

Warranty Claims

Warranty claims must be submitted in writing within the warranty period specified in the project contract. We will assess the plant and determine whether the loss is covered under the warranty terms. Covered warranty replacements will be performed at no additional charge for plant material; labor costs for replacement may apply depending on the scope and terms specified in the project contract.

VII. Underground Utilities and Irrigation

Before any digging, grading, or installation work is performed, the Client is responsible for identifying and marking any underground utilities, irrigation lines, invisible fence wiring, low-voltage landscape lighting, or other buried systems not covered by public utility locating services. We will contact 811 (Texas 811) as required by law prior to digging, but Client-owned irrigation and private buried systems must be disclosed and marked by the Client in advance.

Spur Landscape is not liable for damage to unmarked or undisclosed underground systems encountered during project work.

VIII. Client Responsibilities

To facilitate smooth project execution, the Client is responsible for the following unless otherwise agreed in writing:

Providing clear and unobstructed access to the project area during scheduled work hours

Securing or removing personal property and valuables from the project area

Disclosing any known issues with the property including drainage problems, underground systems, deed restrictions, or HOA requirements

Making timely decisions on plant selections and approvals to avoid project delays

Being available or designating a reachable point of contact during work hours

Ensuring HOA or building management approval is obtained before work begins where required

Watering newly installed plant material per our care instructions following installation

IX. Property Access

By executing a project contract, the Client grants Spur Landscape, its employees, subcontractors, and suppliers access to the property during normal working hours and as necessary to complete the contracted work. Emergency access for safety or weather-related reasons may occur with shorter notice.

Gate and Fence Access

Please ensure all gates are unlocked and accessible on scheduled work days. If a gate code is required, provide this at the time of contract execution and notify us immediately of any changes.

Pets

Please secure all pets during active work periods. We are not responsible for pets that escape through open gates during service, or for injuries sustained by our team due to unsecured animals.

X. Scheduling and Timeline

Project start dates and timelines are established in the project contract. Timelines are subject to adjustment due to:

Weather conditions that make outdoor work unsafe or impractical, including extreme heat, severe storms, or high winds

Plant material availability and delivery lead times

Permit or HOA approval timelines

Unforeseen site conditions requiring scope changes

Client-requested changes or delays in selections and approvals

Force majeure events

Spur Landscape will communicate schedule changes promptly. Weather delays and conditions outside our control do not constitute a breach of contract.

XI. Cancellations

Notice Requirement

We require at least forty-eight (48) hours' notice to cancel or reschedule a project start date. Notice must be provided via phone call, text, or email.

Cancellation Fee

Failure to provide the required notice may result in a cancellation fee. If plant material or other materials have already been ordered or procured for your project, cancellation after procurement may result in those material costs being passed to the Client. These terms will be communicated at the time of the proposal.

XII. Right to Suspend or Terminate

Spur Landscape reserves the right to suspend or terminate work on a project in the following circumstances:

Non-payment of amounts due under the project contract

Client failure to provide required access or approvals within a reasonable timeframe

Discovery of site conditions that make continuation of work unsafe or impractical

Client conduct that is threatening, abusive, or creates a hostile work environment

In the event of suspension or termination, the Client is responsible for payment of all work performed to date plus any material costs incurred.

XIII. Subcontractors

Spur Landscape may engage subcontractors to assist with certain project scopes. All subcontractors are vetted and held to the same quality standards as our direct employees. We are responsible for the management, coordination, and quality of subcontractor work to the same standard as our own.

XIV. Property Damage

Our team takes reasonable precautions to protect your property throughout the project. All work is performed by experienced professionals and backed by general liability insurance.

Any property damage claim must be submitted in writing within forty-eight (48) hours of the damage being discovered.

Limited Liability

We are not responsible for damage caused by pre-existing conditions, including but not limited to existing drainage issues, buried debris, undisclosed underground systems, or structural deficiencies not visible or disclosed during the initial site assessment.

Sprinkler Heads and Lawn Features

Please notify us before work begins of the location of any sprinkler heads, landscape lighting, buried edging, decorative stones, or other features that could be affected by installation work. Spur Landscape is not liable for damage to undisclosed lawn features.

XV. Insurance

Spur Landscape carries general liability insurance covering potential damages or injuries that may occur during the provision of our services. A certificate of insurance is available upon request.

XVI. Non-Solicitation

During the term of this Agreement and for a period of one (1) year following the completion or termination of any project, the Client agrees not to solicit, hire, or attempt to induce any employee, subcontractor, or trade partner of Spur Landscape to terminate or reduce their relationship with our Company for the purpose of working directly for the Client. Violation of this provision may result in a placement fee.

XVII. Modification and Assignment

This Agreement and Client obligations under it may not be assigned, transferred, or modified without prior written consent from an authorized representative of our Company.

XVIII. Website Usage

Our website is provided for the purpose of obtaining information about our services and submitting project inquiries. All use must be lawful. The following are prohibited:

Downloading, copying, or reproducing website content without permission

Using data mining tools, bots, or automated extraction software

Using framing, deep linking, or other navigational manipulation

Using the website or its content for any purpose other than its intended use

Harassing, threatening, or engaging in abusive behavior toward our Company, team, or clients

Infringing on our intellectual property rights

Interfering with or disrupting our website, servers, or security systems

XIX. Indemnification

You agree to indemnify, defend, and hold harmless Spur Landscape, its owners, officers, employees, agents, and subcontractors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or connected with your use of our website or services, your violation of this Agreement, or your violation of any rights of another party.

XX. Limitation of Liability

To the fullest extent permitted by law, Spur Landscape shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the use of our website or services. Our total liability for any claim under a project contract shall not exceed the total amount paid by the Client under that specific project contract.

XXI. Force Majeure

Spur Landscape shall not be held liable for delays or failure to perform services due to circumstances beyond our reasonable control, including but not limited to extreme heat, drought, severe storms, tornadoes, flooding, hail, supply chain disruptions, plant material unavailability, pandemics, government orders, or other acts of God. In such cases, project timelines will be adjusted accordingly and the Client will be notified promptly.

XXII. Governing Law

This Agreement and all project contracts shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Any disputes not resolved through good-faith negotiation shall be subject to the jurisdiction of the courts of the State of Texas. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

XXIII. Electronic Signatures

This Agreement and any project contracts or documents delivered in connection with our services may be executed electronically. Electronic signatures are recognized as legally equivalent to handwritten signatures for purposes of validity and enforceability.

XXIV. Entire Agreement

This Agreement, together with any executed project-specific contract, constitutes the entire agreement between Spur Landscape and the Client with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, proposals, and discussions, whether oral, written, or electronic.

Contact

Questions about this Agreement? Reach us at:

Spur Landscape Website: https://spurlandscape.com/home Email: [email protected] Phone: (817) 225-7211 Service Area: Fort Worth, Arlington, Aledo, Crowley, Dallas, Grapevine, Mansfield, Southlake, and the greater DFW Metroplex

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