These Terms & Conditions of Service (“Terms”) govern services provided by LOMAR Landscaping, LLC (“LOMAR”) to the customer identified in the applicable estimate, proposal, Service Agreement, work order, online enrollment, or other service selection (“Customer”).
ARTICLE I — AGREEMENT AND ACCEPTANCE
1.1 Agreement
The agreement between LOMAR and Customer (“Agreement”) consists of these Terms together with the applicable estimate, proposal, Service Agreement, work order, online enrollment or service selection, accepted change orders, and other documents or disclosures expressly incorporated into the Agreement.
1.2 Customer-Specific Enrollment Information
Customer's service property, selected service or Annual Care Plan, recurring monthly charge, commencement date, authorized Add-On Services, and other customer-specific information displayed or provided during enrollment are incorporated into and form part of the Agreement.
For online enrollment, Customer should review the selected plan, recurring monthly charge, term, automatic-renewal information, cancellation information, and other enrollment information before accepting the Agreement.
1.3 Order of Precedence
If Customer-specific terms displayed or provided in an accepted estimate, proposal, Service Agreement, work order, online enrollment, service selection, or written change order expressly conflict with these Terms concerning the specific property, selected service, scope, price, start date, or other customer-specific matter, the more specific Customer-specific term controls with respect to that matter. These Terms otherwise control general legal, billing, renewal, cancellation, risk-allocation, and service-administration provisions unless a Customer-specific document expressly states that it modifies a particular provision of these Terms.
1.4 Acceptance
Customer accepts the Agreement by electronically signing, checking an acceptance box, clicking an enrollment or acceptance button, signing a written agreement, or otherwise expressly agreeing to the Agreement.
Where applicable law requires separate or conspicuous disclosure or affirmative consent for recurring payments or automatic renewal, LOMAR will provide such disclosure and obtain such consent as required by law.
1.5 Electronic Transactions
Customer agrees that the Agreement, signatures, notices, acknowledgments, authorizations, and other records may be created, delivered, accepted, and retained electronically to the extent permitted by law.
1.6 Authority
Customer represents that Customer owns the service property or has authority to authorize the requested services. Customer is responsible for obtaining any required owner, landlord, homeowners' association, governmental, or similar approvals unless LOMAR expressly agrees otherwise in writing.
1.7 Material / Materially
“Material” or “materially” means significant under the circumstances and not merely trivial, technical, or inconsequential, considering the nature of the obligation, its effect on the parties, and the purpose of the Agreement.
ARTICLE II — SERVICE OPTIONS
2.1 Annual Care Plans
LOMAR offers three Annual Care Plans: Essential, Signature, and Estate. Each Annual Care Plan has an initial twelve (12)-month term.
A. Essential Annual Care Plan
Essential includes weekly scheduled lawn maintenance during the primary growing season, generally March through November, subject to weather, grass conditions, seasonal growth, property conditions, and the scheduling provisions of this Agreement.
mowing designated grass areas;
string trimming around designated beds, walkways, fences, and reasonably accessible obstacles;
edging designated walkways and driveways; and
blowing ordinary lawn-service debris and grass clippings from designated driveways, walkways, patios, and similar hard surfaces.
Essential does not include seasonal cleanups, routine planting-bed maintenance, shrub or tree pruning, aeration and overseeding, mulch installation, or other Add-On Services unless separately purchased or expressly included in Customer's Service Agreement.
B. Signature Annual Care Plan
Signature includes the routine lawn maintenance provided under Essential, plus:
one Fall Property Reset during each Annual Term;
periodic property observation during scheduled services and notification of readily observable lawn, landscape, or grounds conditions that may warrant attention;
photo verification of completed visits, where operationally available; and
a 10% discount on eligible Add-On Services, subject to Article X.
C. Estate Annual Care Plan
Estate includes the services and benefits provided under Signature, plus:
one Spring Property Refresh during each Annual Term;
one Lawn Renewal — Core Aeration & Overseeding service during the appropriate fall seasonal window of each Annual Term;
priority scheduling for eligible services;
property observation during each scheduled service and notification of readily observable lawn, landscape, or grounds conditions that may warrant attention;
one Annual Landscape & Grounds Review during each Annual Term; and
a 10% discount on eligible Add-On Services, subject to Article X.
2.2 Property Observations
Property observations are general visual observations of readily apparent lawn, landscape, and grounds conditions. They are not structural, engineering, irrigation, pest-control, arborist, environmental, code-compliance, safety, or other specialized professional inspections.
LOMAR does not guarantee that every existing or developing condition will be identified.
2.3 Annual Landscape & Grounds Review
The Estate Annual Landscape & Grounds Review is a general, nontechnical review intended to identify readily observable landscape and grounds conditions and potential service opportunities. It is not a substitute for an evaluation by an arborist, engineer, irrigation specialist, pest-control professional, environmental professional, or other specialist.
2.4 Month-to-Month Lawn Care
Month-to-Month Lawn Care is a separate, non-contract service option and is not an Essential, Signature, or Estate Annual Care Plan.
Month-to-Month Lawn Care generally consists only of the recurring lawn-maintenance services identified in Customer's Service Agreement and does not automatically include Annual Care Plan seasonal services, discounts, priority scheduling, property reviews, or other Annual Care Plan benefits.
2.5 Included Services
A service described as “included” in an Annual Care Plan is included as part of the overall Annual Care Plan and its pricing. Included Services are not represented as free services and have no independent cash value.
2.6 Add-On Services
Services outside Customer's selected plan may be purchased separately as Add-On Services, subject to availability, applicable pricing, and these Terms.
ARTICLE III — SERVICE SCOPE AND PERFORMANCE
3.1 Scope
LOMAR will perform the services identified in Customer's Agreement using reasonable professional judgment and customary landscaping and grounds-maintenance practices.
3.2 Services Not Automatically Included
Unless expressly included, recurring lawn maintenance does not include fertilization, chemical weed control, pesticides, fungicides, irrigation service, major pruning, tree work, storm cleanup, excessive leaf or debris removal, landscape installation, drainage work, mulch, bed renovation, or similar services.
Aeration and overseeding are included only when expressly stated, including the annual Lawn Renewal included with Estate.
3.3 Professional Judgment
LOMAR may modify, postpone, or omit a particular operation when reasonably appropriate because of weather, grass or plant condition, soil condition, seasonal growth, safety, property conditions, or risk of damage.
LOMAR is not required to perform work that, in its reasonable judgment, is unsafe, unnecessary, ineffective, unlawful, or reasonably likely to damage the property.
3.4 Seasonal Frequency
Service needs are seasonal and visits or work may not be distributed equally throughout the year.
3.5 Mowing Conditions
Weekly scheduling during the primary growing season does not require LOMAR to mow grass when mowing is unnecessary or reasonably likely to damage the lawn because of dormancy, drought, excessive moisture, insufficient growth, weather, or similar conditions.
Other appropriate scheduled or seasonal services may be performed when mowing is unnecessary.
ARTICLE IV — ONLINE PRICING AND PROPERTY VERIFICATION
4.1 Automated Pricing
LOMAR may use third-party technology, including Deep Lawn or similar platforms, aerial or satellite imagery, mapping information, public information, artificial intelligence, automated property measurements, and information supplied by Customer to estimate property size, service requirements, or pricing.
4.2 Technology Limitations
Automated measurements and imagery may not accurately identify slopes, fences, gates, pools, planting beds, structures, obstacles, inaccessible areas, property modifications, terrain, or other conditions affecting service.
4.3 Verification
Online estimates and pricing are subject to reasonable verification of the property and service conditions. LOMAR is not required to continue indefinitely at a price resulting from a material measurement, mapping, software, data, mathematical, or factual error.
4.4 Material Initial Pricing Correction
LOMAR may verify the property before or during initial service.
If a material measurement or property-data error requires a material increase in the recurring price, LOMAR will notify Customer before continuing recurring service at the corrected price.
Customer may promptly decline the corrected price and terminate the affected service without an Early Termination Charge, provided Customer does so before accepting recurring service at the corrected price.
4.5 Obvious Errors
LOMAR may correct obvious typographical, mathematical, software, mapping, measurement, or pricing errors. Customer may accept or decline a material corrected price as provided above.
4.6 Third-Party Technology and Availability
LOMAR may rely on third-party websites, software, estimating, mapping, measurement, scheduling, customer-management, communications, payment, analytics, advertising, and other technology services. LOMAR does not control or warrant the continuous availability, accuracy, security, functionality, policies, or independent acts or omissions of third-party providers. Temporary outages, platform changes, transmission failures, or other third-party limitations will not constitute a breach by LOMAR unless and to the extent applicable law provides otherwise. LOMAR remains responsible for obligations imposed directly on LOMAR by applicable law and will use commercially reasonable measures within its reasonable control.
ARTICLE V — PROPERTY CONDITIONS AND CUSTOMER RESPONSIBILITIES
5.1 Property Information
Customer shall provide reasonably accurate information concerning property boundaries, gates, access restrictions, pets, invisible fences, irrigation components, landscape lighting, drainage features, septic components, private utility lines, terrain, fragile improvements, and known hazards that could affect service.
5.2 Maintainable Condition
Recurring pricing assumes the property is in a reasonably maintainable condition.
Excessive growth, leaves, brush, debris, neglected planting beds, unusually heavy weeds, or similar conditions may require an initial cleanup or additional service charge. LOMAR will notify Customer before performing material additional chargeable work unless Customer has otherwise authorized it.
5.3 Property Changes
Customer shall notify LOMAR of material changes affecting service. LOMAR may reasonably adjust scope or pricing when property size, configuration, access, condition, or service difficulty materially changes.
ARTICLE VI — ANNUAL TERM AND AUTOMATIC RENEWAL
6.1 Initial Annual Term
Essential, Signature, and Estate are each twelve (12)-month Annual Care Plans.
The Annual Care Plan price reflects Customer's full Annual Term commitment, recurring and seasonal services, included benefits, levelized billing, administrative costs, and LOMAR's allocation of recurring route capacity.
6.2 Automatic Renewal
UNLESS CUSTOMER CANCELS THE UPCOMING RENEWAL, THE ANNUAL CARE PLAN WILL AUTOMATICALLY RENEW AT THE END OF THE CURRENT ANNUAL TERM FOR AN ADDITIONAL TWELVE (12)-MONTH TERM.
Customer may prevent the next Annual Term from beginning by cancelling the upcoming renewal before expiration of the current Annual Term using the cancellation mechanism identified by LOMAR at enrollment and in Customer's acknowledgment.
Cancelling an upcoming renewal does not terminate the current Annual Term and does not create an Early Termination Charge if Customer completes the current Annual Term.
6.3 Cancellation Mechanism
LOMAR will provide a timely, cost-effective, easy-to-use cancellation mechanism as required by applicable law.
Where an Annual Care Plan is initiated electronically, LOMAR will provide an electronic cancellation mechanism that satisfies applicable law and will not require Customer to interact with a live or virtual representative when prohibited by law.
The enrollment disclosure and post-enrollment acknowledgment will provide the information necessary for Customer to locate and use the applicable cancellation mechanism.
6.4 Renewal Notices
LOMAR will provide any automatic-renewal reminder or other renewal notice required by applicable law.
LOMAR may also provide courtesy renewal reminders even when not legally required.
6.5 Renewal Pricing
Pricing for a renewal term may change based upon legitimate business considerations, including labor, fuel, materials, insurance, equipment, market conditions, property conditions, scope, or other operating costs.
LOMAR will provide advance notice of material pricing or other changes when required by law. Customer may prevent the upcoming renewal in accordance with the cancellation procedure.
ARTICLE VII — BILLING AND PAYMENT
7.1 Monthly Advance Billing
Annual Care Plans and Month-to-Month Lawn Care are billed monthly in advance unless otherwise stated.
Customer must maintain a valid payment method on file when recurring electronic payment is required.
7.2 Levelized Annual Billing
The Annual Care Plan price is levelized into twelve (12) monthly installments.
A MONTHLY ANNUAL CARE PLAN PAYMENT DOES NOT PURCHASE A PARTICULAR NUMBER OF VISITS OR A PARTICULAR DOLLAR VALUE OF SERVICES DURING THAT MONTH.
The amount and type of work performed may vary seasonally. Reduced mowing caused by weather, dormancy, drought, excessive moisture, insufficient growth, or similar conditions does not reduce the monthly Annual Care Plan payment.
7.3 Payment Authorization
recurring monthly plan payments;
separately authorized Add-On Services;
Pet Waste Removal authorized under Article XI;
applicable taxes or governmental charges;
lawful returned-payment or similar charges disclosed to Customer;
any applicable Early Termination Charge; and
other charges authorized by Customer or the Agreement.
7.4 Failed Payments
If payment fails, is reversed, or remains unpaid, LOMAR may suspend service until the account is brought current.
Suspension for nonpayment does not extend the Annual Term or eliminate amounts otherwise due.
If property conditions materially deteriorate during a payment-related suspension, restoration work may require an additional charge after notice to Customer.
7.5 Resumption
After an account is restored, LOMAR will resume service when reasonably practicable but cannot guarantee Customer's prior route or service day.
7.6 Payment Revocation and Chargebacks
Revoking a payment authorization, replacing or cancelling a payment card, or initiating a chargeback does not by itself cancel the Agreement or eliminate charges lawfully incurred under it.
7.7 Collection Costs
To the extent permitted by applicable law, Customer is responsible for reasonable third-party collection costs, court costs, and reasonable attorneys’ fees actually incurred by LOMAR in collecting amounts that are validly due and remain unpaid after reasonable notice and opportunity to cure. This provision does not authorize recovery of any fee or cost prohibited by law.
ARTICLE VIII — MONTH-TO-MONTH LAWN CARE
8.1 Separate Service
Month-to-Month Lawn Care is separate from the Annual Care Plans and does not create a twelve-month commitment.
8.2 Continuation and Cancellation
Month-to-Month Lawn Care remains enrolled until cancelled in accordance with the applicable cancellation procedure. Routine mowing service and recurring Month-to-Month billing are active during the mowing season, generally March through November. Service and recurring billing automatically pause during December, January, and February, and no routine Month-to-Month mowing charge is due for those winter months unless Customer separately purchases or authorizes another service. Unless Customer cancels before the next active mowing season, Month-to-Month Lawn Care will automatically resume in March, together with recurring billing, without requiring Customer to re-enroll. A cancellation submitted during the winter pause will prevent routine Month-to-Month mowing service and billing from resuming in March.
8.3 No Early Termination Charge
Month-to-Month Lawn Care is not subject to the Annual Care Plan Early Termination Charge.
8.4 Prepaid Period
LOMAR will generally remain available to provide the agreed service through the prepaid period. Customer's voluntary decision to stop using service before that period ends does not automatically create a prorated refund.
8.5 Price Changes
LOMAR may change Month-to-Month pricing upon appropriate advance notice. If pricing will change when service resumes for a new mowing season, LOMAR will provide appropriate advance notice before the changed price takes effect. Customer may cancel before the changed price takes effect, including during the winter pause, to prevent March resumption.
ARTICLE IX — EARLY TERMINATION OF ANNUAL CARE PLAN
9.1 Annual Commitment
Annual Care Plan pricing is based upon Customer's commitment to the full twelve-month Annual Term.
9.2 Early Termination Charge
If Customer terminates an Annual Care Plan before completing the current Annual Term, an Early Termination Charge will apply unless an exception below or applicable law provides otherwise.
The Early Termination Charge is the lesser of:
(a) three (3) monthly Annual Care Plan payments; or
(b) all monthly Annual Care Plan payments remaining in the current Annual Term.
9.3 Purpose
The parties acknowledge that early termination may cause losses that are difficult to determine precisely, including lost recurring revenue, route-capacity disruption, administrative costs, levelized seasonal service economics, and the value and timing of benefits provided under the Annual Care Plan.
The Early Termination Charge is intended to provide predictable agreed compensation associated with early termination and not to operate as a penalty.
9.4 Complete Routine Reconciliation
Except for separately disclosed promotional or Add-On Service terms, LOMAR will not routinely recalculate or separately charge Customer upon early termination for:
the value of previously performed Included Services;
differences arising solely from levelized seasonal billing; or
ordinary Annual Care Plan Add-On discounts previously received.
The Early Termination Charge is the standard reconciliation associated with early termination of the Annual Care Plan.
9.5 Unused Benefits
After early termination, future unused Included Services, discounts, seasonal services, reviews, scheduling benefits, and other Annual Care Plan benefits terminate and have no separate cash, refund, credit, carryover, or substitute-service value.
9.6 Exceptions
An Early Termination Charge will not apply when:
Customer terminates because of a bona fide sale or transfer of the service property in accordance with Article XX;
Customer timely declines a material initial corrected price under Article IV;
LOMAR permanently discontinues the contracted recurring service for reasons not caused by Customer;
LOMAR materially breaches the Agreement and fails to cure the breach within a reasonable period after receiving notice and a reasonable opportunity to cure; or
applicable law prohibits the charge.
LOMAR may waive an Early Termination Charge in other exceptional circumstances without establishing a precedent or obligation to provide the same waiver in another case.
9.7 Accrued Amounts
Termination does not eliminate amounts properly incurred before termination.
ARTICLE X — ANNUAL BENEFITS AND ADD-ON DISCOUNTS
10.1 Seasonal Services
Included seasonal services will be scheduled during a reasonably appropriate seasonal window considering weather, horticultural conditions, property conditions, growth, and LOMAR's schedule.
Signature includes one Fall Property Reset per Annual Term.
Estate includes one Fall Property Reset, one Spring Property Refresh, and one fall Lawn Renewal per Annual Term.
Weeding included with Estate's Spring Property Refresh is part of that seasonal service and does not constitute recurring or year-round weed control.
10.2 Add-On Discounts
Signature customers receive 10% off eligible Add-On Services.
Estate customers receive 10% off eligible Add-On Services.
Essential does not include a plan-based Add-On Service discount unless LOMAR expressly offers one.
10.3 Eligibility
Annual Care Plan discounts:
apply only while the applicable plan is active and the account is current;
apply only to services designated by LOMAR as eligible;
have no cash value;
generally may not be combined with other discounts or promotions unless LOMAR permits; and
generally apply only to the property enrolled in the Annual Care Plan.
10.4 Initial Eligibility Period
LOMAR may require up to ninety (90) days of active Annual Care Plan participation before applying a plan discount to a substantial Add-On Service when reasonably appropriate to prevent misuse of plan discounts.
Any such restriction will be disclosed before Customer purchases the affected Add-On Service. LOMAR may waive this requirement.
10.5 Unused Benefits
Unused Annual Care Plan benefits do not have separate cash or refund value.
ARTICLE XI — PROPERTY ACCESS, PETS, AND PET WASTE
11.1 Access
Customer shall provide reasonable access to areas scheduled for service and shall remove or secure toys, hoses, furniture, decorations, vehicles, and other movable objects that materially interfere with service.
11.2 Gates and Barriers
Gates must be unlocked or otherwise accessible when service is scheduled. LOMAR personnel are not required to climb fences, enter residences, defeat locks, or bypass unsafe barriers.
11.3 Animals
Customer shall secure animals before service. LOMAR may skip an area when an animal creates a safety concern.
11.4 Pet Waste
Customer shall remove pet waste from scheduled service areas before LOMAR arrives unless Customer has purchased Recurring Pet Waste Removal or LOMAR has otherwise agreed to perform pet-waste cleanup.
Recurring Pet Waste Removal is an optional Add-On Service performed in connection with a scheduled lawn-service visit. The standard per-visit price is $15 for one (1) dog, $20 for two (2) dogs, and $25 for three (3) dogs. Properties with four (4) or more dogs, unusually large pet-use areas, or conditions requiring materially greater time or labor are subject to separate pricing. Pet Waste Removal is not eligible for Annual Care Plan Add-On Service discounts.
Recurring Pet Waste Removal assumes the service area is maintained on a regular basis and does not include substantial pre-existing or accumulated waste. An initial, one-time, or excessive pet-waste cleanup is subject to a minimum charge of $50. If additional cleanup time is reasonably required, LOMAR may charge $25 for each additional fifteen (15) minutes of cleanup time, or portion thereof. If such conditions are present, LOMAR may, in its reasonable discretion, perform the cleanup and charge the applicable amount or decline the cleanup and skip the affected area. Prior Customer authorization is not required for charges calculated under this Section because Customer agrees to this pricing in advance by accepting the Agreement.
Standard Pet Waste Removal consists of collecting and bagging reasonably accessible ordinary domestic dog waste from the designated maintained service area and placing the bag in Customer's reasonably accessible outdoor trash receptacle. Non-domestic animal waste, hazardous material, biohazard conditions, or conditions requiring specialized handling may be separately priced or declined.
If pet waste is present and Customer has not purchased or authorized Pet Waste Removal, LOMAR may, in its reasonable discretion, skip affected areas when the condition materially interferes with safe, sanitary, or efficient service. LOMAR is not required to mow through or work around material accumulations of pet waste. A reasonably skipped area does not entitle Customer to a refund, credit, price reduction, or special return visit. Repeated or excessive pet-waste conditions may result in suspension of affected service until the condition is corrected or Pet Waste Removal is arranged.
11.5 Customer-Caused Missed Service
If LOMAR cannot reasonably perform service because Customer failed to provide access, secure animals, clear significant obstacles, or satisfy other material service requirements, the affected service may be treated as completed for scheduling and billing purposes without a special return visit or credit.
ARTICLE XII — SCHEDULING, WEATHER, AND DELAYS
12.1 Service Days
Regular service days are anticipated for route efficiency but are not guaranteed. LOMAR may adjust routes, crews, or service days.
12.2 Weather and Conditions
LOMAR may postpone, modify, or omit work because of rain, storms, excessive moisture, drought, extreme temperatures, unsafe conditions, grass or plant conditions, or when performance would be ineffective or reasonably likely to cause damage.
12.3 Rescheduling
LOMAR will resume affected service when reasonably practicable. A reasonable weather or operational delay does not automatically entitle Customer to a refund or credit.
12.4 Customer-Requested Skips
A Customer-requested skip does not reduce an Annual Care Plan payment. Repeated or extended service suspensions requested by Customer may require LOMAR to reassess the service arrangement.
12.5 Events Beyond Reasonable Control
LOMAR is not responsible for reasonable delays caused by events beyond its reasonable control, including severe weather, natural disasters, government action, widespread utility interruption, labor or supply disruptions, equipment emergencies, or similar events. LOMAR will use commercially reasonable efforts to resume affected recurring service when practicable. If a force-majeure condition substantially prevents the affected recurring service for sixty (60) consecutive days, either party may terminate the affected recurring service upon written notice without an Early Termination Charge, except for amounts properly incurred before termination.
ARTICLE XIII — HIDDEN CONDITIONS AND PROPERTY DAMAGE
13.1 Hidden and Vulnerable Features
Customer shall identify concealed or unusually vulnerable property features that could reasonably be affected by landscaping equipment.
13.2 Concealed Conditions
LOMAR is not responsible for damage caused by concealed, unmarked, deteriorated, improperly installed, or unusually fragile conditions that were not reasonably identifiable before service, except to the extent caused by LOMAR's negligence or other liability that cannot lawfully be excluded.
13.3 Movable Objects
Customer is responsible for clearing movable objects from service areas.
13.4 Pre-Existing Conditions
LOMAR is not responsible for pre-existing defects or deterioration.
13.5 Damage Reporting
Customer shall report suspected service-related property damage within seventy-two (72) hours after discovery and shall provide photographs or other reasonable information when available. Failure to provide timely notice does not automatically waive a legally valid claim, but may limit LOMAR’s ability to investigate or correct the condition and may affect Customer’s available remedy to the extent LOMAR is materially prejudiced by the delay.
13.6 Remedy
If LOMAR is responsible for property damage caused by its negligence, LOMAR may reasonably repair the item, arrange repair, replace it with a reasonably comparable item, or provide reasonable monetary compensation, as appropriate under the circumstances and applicable law.
Customer is not entitled to betterment or an upgrade at LOMAR's expense.
ARTICLE XIV — SERVICE CONCERNS AND CORRECTION
14.1 Notice
Customer shall report any readily observable missed service or material service deficiency within forty-eight (48) hours after the scheduled service. Failure to provide timely notice does not automatically waive a legally valid claim, but may limit LOMAR’s ability to investigate or correct the condition and may affect Customer’s available remedy to the extent LOMAR is materially prejudiced by the delay.
14.2 Opportunity to Correct
LOMAR shall have a reasonable opportunity to investigate and, where appropriate, correct a service issue.
14.3 Changed Conditions
LOMAR is not required to provide a free corrective visit for conditions arising after service because of subsequent weather, new growth, animals, irrigation, third parties, Customer activity, or other causes unrelated to deficient performance.
14.4 Third-Party Correction
Customer shall not hire or authorize a third party to correct an alleged LOMAR service deficiency and seek reimbursement, offset, credit, or deduction from amounts owed to LOMAR without first providing LOMAR reasonable notice and a reasonable opportunity to inspect and, where appropriate, correct the alleged deficiency, except in an emergency or where applicable law requires otherwise.
ARTICLE XV — SEASONAL SERVICES, LANDSCAPE WORK, AND LIVING MATERIALS
15.1 Seasonal Shrub and Ornamental-Tree Limits
Where a Spring Property Refresh, Summer Detail Service, Fall Property Reset, or other agreed service includes pruning, trimming, or shaping, the standard service includes reasonable pruning, trimming, or shaping of up to ten (10) qualifying shrubs and small ornamental trees that are six (6) feet or less in height.
Additional shrubs, plant material exceeding six (6) feet, unusually dense or overgrown landscaping, or conditions requiring materially greater labor, equipment, or expertise may require additional charges.
LOMAR will obtain Customer's authorization before performing additional chargeable work.
Plant material exceeding six feet is not automatically included merely because other portions of the property or seasonal service are included in an Annual Care Plan.
15.2 Spring Property Refresh
A standard Spring Property Refresh includes:
removal of ordinary winter debris from planting beds;
weed removal from planting beds;
edging of planting beds; and
reasonable pruning and shaping of qualifying shrubs and small ornamental trees subject to Section 15.1.
It does not include mulch installation or other services unless expressly stated.
15.3 Summer Detail Service
A standard Summer Detail Service may include:
shaping and light pruning of qualifying shrubs and small ornamental trees subject to Section 15.1;
planting-bed cleanup and weed removal; and
a general detail pass, including appropriate edging and blow-off of designated walkways and driveways.
It does not include routine lawn mowing or mulch installation unless expressly stated.
15.4 Fall Property Reset
A standard Fall Property Reset includes:
leaf removal from designated lawn and planting-bed areas;
bagging collected leaves and placing them at an appropriate location on the property for available curbside pickup;
planting-bed cleanup; and
reasonable pruning of qualifying shrubs and small ornamental trees subject to Section 15.1.
Off-site hauling of leaves or yard debris and mulch installation are not included unless separately arranged.
15.5 Lawn Renewal — Core Aeration & Overseeding
A standard Lawn Renewal includes:
core aeration of designated lawn areas; and
overseeding with grass seed reasonably appropriate to the property.
Unless expressly included, Lawn Renewal does not include fertilization, weed control, pesticides, fungicides, or other lawn treatments.
Lawn Renewal is generally scheduled during the reasonably appropriate seasonal window for the property and grass type.
15.6 Mulching
Standard mulching generally consists of installing mulch in existing planting beds at an approximate depth appropriate for the material and conditions, ordinarily about two to three inches unless otherwise specified.
Unless expressly included, mulching does not include creation of new planting beds, installation of permanent bed edging, removal of existing mulch or landscape materials, or unrelated pruning.
15.7 Landscape Installation and Projects
Landscape installation, renovation, planting, or other project work will be governed by the applicable proposal, estimate, work order, or change order.
Hidden subsurface conditions, roots, buried material, drainage conditions, unsuitable soil, utilities, rock, or other unforeseen conditions may require a change in scope, price, or schedule. LOMAR will obtain authorization for material additional work when reasonably practicable.
15.8 Natural Variation
Natural variations in plant size, form, color, bloom, texture, and growth are not defects.
15.9 Substitutions
LOMAR will not materially substitute specified plant or landscape materials without Customer approval, except for immaterial substitutions reasonably necessary to complete the work and consistent with the agreed scope.
15.10 Watering and Post-Installation Care
Unless expressly included in writing, watering and ordinary post-installation care are Customer's responsibility.
15.11 Living Materials
Unless LOMAR expressly provides a specific written warranty in the applicable proposal or Service Agreement, LOMAR does not warrant the continued survival, establishment, growth, bloom, appearance, or condition of living plant materials after installation.
LOMAR is not responsible for decline or loss caused by under-watering, overwatering, irrigation failure, drought, flooding, freeze, storms, extreme weather, animals, insects, disease not caused by LOMAR, third-party activity, abnormal or hidden drainage or soil conditions, or failure to follow reasonable care instructions.
Participation in Signature or Estate does not create an enhanced plant warranty.
ARTICLE XVI — ADD-ON SERVICES AND CHANGE ORDERS
16.1 Add-On Services
Add-On Services may include mulching, weeding, pruning, seasonal color, planting, renovation, sod, seeding, cleanup, debris services, Pet Waste Removal, Summer Detail Service, and other services offered by LOMAR.
16.2 Authorization
Additional chargeable services will be authorized through the website, customer account, email, text, proposal, work order, change order, or another reasonable documented method.
16.3 Customer Changes
Customer-requested changes may affect price, materials, scheduling, labor, equipment, or completion dates.
16.4 Deposits and Special Orders
Deposits, material payments, cancellation restrictions, or special-order costs for project work will be governed by the applicable proposal and disclosures.
ARTICLE XVII — SPECIALTY SERVICES AND EXCLUSIONS
17.1 Chemical Applications
Fertilizers, herbicides, pesticides, fungicides, and other regulated chemical applications are not included unless expressly stated.
17.2 Licensing and Subcontracting
Services requiring specialized licenses, certifications, or expertise may be performed by properly qualified personnel or subcontractors or may be referred or declined by LOMAR.
17.3 Irrigation
Irrigation diagnosis, repair, modification, and operation are not included in ordinary lawn or landscape maintenance unless expressly agreed.
17.4 Drainage
Drainage diagnosis, design, correction, excavation, or installation is not part of routine maintenance unless expressly agreed.
17.5 Tree and Hazardous Work
LOMAR may decline tree work, elevated work, hazardous pruning, or other work requiring specialized equipment, licensing, or expertise.
ARTICLE XVIII — PHOTOGRAPHS AND SERVICE DOCUMENTATION
18.1 Operational Documentation
LOMAR may photograph or record exterior areas of the service property for legitimate operational purposes, including documenting property conditions, completed work, inaccessible areas, pet-waste conditions, pre-existing damage, service concerns, claims, training, and quality control.
18.2 Service Technology
LOMAR may use GPS, routing, scheduling, timekeeping, photographic, or similar technology to administer and document services.
18.3 Marketing
Permission to create operational service documentation does not by itself authorize LOMAR to use identifiable images of Customer or Customer's family for advertising or promotional purposes. LOMAR may use non-identifying images of completed work or exterior landscaping for legitimate business and portfolio purposes where permitted by law and where the image does not reasonably identify Customer or disclose sensitive private information. Separate consent will be obtained where required by applicable law or where LOMAR intends to use an identifiable person in marketing.
ARTICLE XIX — LOMAR'S RIGHT TO SUSPEND OR TERMINATE
19.1 Customer Default or Unsafe Conditions
LOMAR may suspend or terminate service for material nonpayment, repeated lack of access, unsafe animals, unsafe property conditions, abusive or threatening conduct, unlawful requests, or material breach of the Agreement.
19.2 LOMAR Business Termination
If LOMAR permanently terminates contracted recurring service for legitimate business reasons unrelated to Customer's default, Customer will not owe an Early Termination Charge and LOMAR will refund or credit any prepaid amount attributable solely to service after the effective termination date, as appropriate.
19.3 Customer Default
If LOMAR terminates an Annual Care Plan because of Customer's material default, the Early Termination Charge may apply to the extent permitted by law and appropriate under the circumstances.
ARTICLE XX — SALE OR TRANSFER OF PROPERTY
20.1 Notice
Customer should notify LOMAR if the service property is sold or transferred.
20.2 Bona Fide Sale
Upon reasonable documentation of a bona fide sale or transfer of the service property, Customer may terminate an Annual Care Plan without an Early Termination Charge, provided Customer’s account is current and all amounts properly incurred through the effective termination date have been paid.
20.3 Transfer to New Property
LOMAR may instead permit Customer to transfer the remaining Annual Term to another property within LOMAR's service area.
Pricing and scope may be recalculated based upon the new property.
20.4 New Owner
A new property owner does not automatically assume Customer's Agreement unless separately agreed.
ARTICLE XXI — WARRANTIES AND LIMITATION OF LIABILITY
21.1 Workmanship
LOMAR will perform services in a professional and workmanlike manner consistent with the agreed scope and conditions.
Except for a specific written warranty expressly provided by LOMAR, no additional warranty regarding living materials or future lawn or landscape conditions is created.
21.2 Environmental Conditions
Lawns and landscapes are affected by weather, soil, irrigation, disease, insects, animals, traffic, third parties, and other conditions outside LOMAR's control. LOMAR does not guarantee a particular aesthetic, growth, establishment, or horticultural result unless expressly stated in writing.
21.3 Damages
To the fullest extent permitted by law, LOMAR will be responsible only for reasonable direct damages legally attributable to LOMAR's breach or negligence and will not be liable for speculative, remote, incidental, special, exemplary, or consequential damages where such limitation is lawful.
21.4 Aggregate Liability Cap
TO THE FULLEST EXTENT PERMITTED BY LAW, LOMAR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNTS PAID BY CUSTOMER TO LOMAR UNDER THE APPLICABLE AGREEMENT DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMIT DOES NOT APPLY TO LIABILITY THAT APPLICABLE LAW DOES NOT PERMIT TO BE LIMITED OR EXCLUDED.
21.5 Nonwaivable Liability
Nothing in the Agreement excludes or limits liability that cannot lawfully be excluded or limited.
21.6 Mitigation
Each party shall take reasonable steps to mitigate avoidable damages.
ARTICLE XXII — CUSTOMER RESPONSIBILITY AND INDEMNIFICATION
22.1 Customer-Caused Loss
Customer is responsible for losses reasonably resulting from Customer's negligence, willful misconduct, material breach of the Agreement, or failure to disclose a known material hazard that Customer reasonably should have disclosed.
22.2 Third-Party Claims
To the extent permitted by law, Customer shall indemnify and hold LOMAR harmless from third-party claims to the extent caused by Customer's negligence, willful misconduct, material breach, or failure to disclose a known material hazard.
This provision does not require Customer to indemnify LOMAR for LOMAR's own negligence, willful misconduct, or any liability for which indemnification is prohibited by law.
ARTICLE XXIII — DISPUTES AND GOVERNING LAW
23.1 Good-Faith Resolution
The parties agree to attempt in good faith to resolve service or billing disputes directly before initiating formal litigation when reasonably practicable.
23.2 Opportunity to Resolve
Except for emergencies, collection matters, statutes of limitation, injunctive relief, or circumstances where delay would materially prejudice a party, the parties should allow approximately thirty (30) days after written notice of a dispute for reasonable investigation and attempted resolution.
23.3 No Mandatory Predispute Arbitration
The Agreement does not require mandatory predispute arbitration. The parties may mutually agree to arbitration or another alternative dispute-resolution procedure after a dispute arises.
23.4 Virginia Law
The Agreement is governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except where federal law or another applicable law controls.
23.5 Courts and Venue
Any court proceeding shall be brought in a Virginia court of competent jurisdiction and in a venue permitted by applicable law. Where legally permissible, an appropriate venue may include the city or county where the service property is located or where LOMAR maintains its principal place of business.
23.6 Attorneys' Fees
Each party will bear its own attorneys' fees and litigation expenses unless the Agreement, applicable law, or a court order provides otherwise.
ARTICLE XXIV — COMMUNICATIONS, CANCELLATION, AND ELECTRONIC RECORDS
24.1 Service Communications
LOMAR may communicate with Customer regarding service, scheduling, billing, property conditions, renewal, cancellation, and account administration by email, text message, customer portal, telephone, account notification, or other reasonable means.
Consent to operational communications does not constitute consent to unrelated marketing where separate consent is required. Text messaging is further governed by Section 24.2.
24.2 SMS/Text Messaging Program
LOMAR Landscaping SMS Program. LOMAR may send text messages for estimates, appointment and service reminders, scheduling and service updates, property or access matters, billing and account administration, customer support, and other transactional or relationship communications. Where Customer has provided any consent required by applicable law, LOMAR may also send occasional promotional text messages regarding Add-On Services, seasonal services, current specials, promotions, and other LOMAR offerings. Consent to receive promotional text messages is not a condition of purchasing LOMAR services.
Message frequency varies based on Customer services, account activity, and communication preferences. Message and data rates may apply. Reply HELP for help or contact LOMAR at (757) 574-9585 or info@lomarlandscaping.com. Reply STOP to opt out of text messages. After an opt-out, LOMAR may send a final confirmation message and may communicate through other lawful methods regarding Customer services or account. Text-message delivery and functionality may depend on mobile carriers and third-party communications providers and are not guaranteed.
For information about how LOMAR collects, uses, discloses, and protects personal information, see the LOMAR Privacy Policy at https://www.lomarlandscaping.com/privacy-policy.
24.3 Contact Information
Customer is responsible for maintaining reasonably current contact and billing information.
24.4 Cancellation and Nonrenewal
Cancellation, nonrenewal, termination, automatic-renewal notices, and material-change notices will be administered in accordance with the Agreement and applicable law.
LOMAR will provide the cancellation mechanism and instructions required by applicable law.
24.5 Automatic-Renewal Disclosure and Consent
Before completing enrollment in an automatically renewing Annual Care Plan, LOMAR will clearly and conspicuously disclose the applicable automatic-renewal terms as required by law, including the recurring monthly charge, twelve-month initial commitment, twelve-month renewal term, applicable cancellation deadline and policy, and information necessary to locate and use the cancellation mechanism.
Customer's affirmative acceptance of the Agreement constitutes consent to the automatic-renewal arrangement and recurring charges described at enrollment, subject to applicable law.
24.6 Post-Enrollment Acknowledgment
After enrollment, LOMAR will provide Customer an acknowledgment capable of being retained that includes or provides Customer with the applicable automatic-renewal terms, cancellation policy, and information regarding how to cancel, together with access to the Terms accepted by Customer.
24.7 Renewal Reminder
LOMAR may send Customer a reminder before the end of an Annual Term identifying the upcoming renewal and providing information regarding how to prevent renewal.
Any reminder required by applicable law will be sent within the period and contain the information required by applicable law.
24.8 Material Changes
When required by applicable law, LOMAR will provide clear and conspicuous advance notice of a material change to an automatic-renewal arrangement together with information regarding how to cancel.
24.9 Electronic Acceptance
Electronic signatures, check boxes, click-to-accept mechanisms, and similar electronic records may evidence Customer's agreement and consent to the extent permitted by law.
24.10 Home Solicitation Sales
If an Agreement constitutes a “home solicitation sale” under applicable Virginia law, Customer retains all nonwaivable cancellation rights provided by law. LOMAR will provide any notice of cancellation, copy of the agreement, and other disclosures required for such a transaction. Nothing in these Terms waives or shortens a statutory home-solicitation cancellation period. The use of LOMAR’s website or an electronic signature to complete enrollment does not eliminate statutory rights that otherwise apply because of the circumstances in which the sale was solicited or completed.
24.11 Formal Notices
When the Agreement specifically requires written notice of breach, cure, dispute, termination, or another formal matter, notice to LOMAR may be delivered by email to info@lomarlandscaping.com, through any designated customer-account or cancellation mechanism made available by LOMAR for that purpose, or by mail or recognized delivery service to LOMAR Landscaping, LLC, 1100 Eaglewood Drive, Suite 100, Virginia Beach, VA 23454. Notice to Customer may be delivered to the email address, mailing address, customer account, or other contact method Customer has provided. Electronic notice is effective when transmitted unless the sender receives notice of nondelivery; mailed notice is effective upon delivery or documented refusal. This section does not restrict any cancellation method or notice right that applicable law requires LOMAR to provide.
ARTICLE XXV — GENERAL PROVISIONS
25.1 Entire Agreement
The Agreement consists of these Terms, Customer's applicable Service Agreement or enrollment information, accepted proposals or change orders, and any other document expressly incorporated into the Agreement.
25.2 Changes to Terms
LOMAR may update its Terms from time to time. The then-current version may be made available on LOMAR's website or through another reasonably accessible electronic location identified by LOMAR. Merely posting revised Terms does not retroactively alter material terms of an existing Annual Term where Customer's consent or advance notice is legally required.
25.3 No Informal Modification
Field personnel and crew members are not authorized to materially modify the Agreement unless LOMAR confirms the modification through an authorized written or electronic communication.
25.4 Waiver and Courtesy
A waiver, courtesy, accommodation, discount, or exception in one instance does not require LOMAR to provide the same treatment in another instance.
25.5 Severability
If any provision of the Agreement is held invalid or unenforceable, it shall be enforced to the maximum extent permitted by law or severed as necessary, and the remaining provisions shall remain effective.
25.6 Assignment
Customer may not assign the Agreement without LOMAR's consent. LOMAR may assign the Agreement in connection with a sale, merger, reorganization, or transfer of its business or substantially related assets, subject to applicable law.
25.7 Subcontractors
LOMAR may use qualified employees, independent contractors, or subcontractors to perform portions of the services when reasonably appropriate.
25.8 No Third-Party Beneficiaries
Except as expressly provided, the Agreement is for the benefit of LOMAR and Customer and does not create rights in third parties.
25.9 Survival
Payment obligations, accrued rights, dispute provisions, liability provisions, indemnification provisions, and other terms that by their nature should survive termination will survive termination or expiration of the Agreement.
25.10 Applicable Law Controls
Nothing in the Agreement waives any right or remedy that applicable law does not permit a party to waive.
LOMAR CONTACT INFORMATION
LOMAR Landscaping, LLC
1100 Eaglewood Drive, Suite 100
Virginia Beach, VA 23454
Email: info@lomarlandscaping.com
Telephone: (757) 574-9585
Website: lomarlandscaping.com