The Terms and Conditions (“Terms”) outlined in this document are the only terms that govern the sale and provision of Services (as defined below) by There Is More Lawn Services LLC (“TIMLS”). The accompanying quote, proposal, order acknowledgement or invoice (“Order”) and these Terms (together, the “Agreement”) comprise the entire agreement between TIMLS and the customer (“Customer” or “You”), and supersede all prior or contemporaneous communications, understandings or agreements (whether verbal or written). TIMLS and Customer are sometimes referred to in this Agreement individually as a “Party” and collectively as the “Parties.”
These Terms prevail over, and TIMLS expressly rejects, any of Customer’s general terms or conditions of purchase, regardless of whether or when Customer submitted its order or alternate terms. Neither the failure of TIMLS to object upon receipt of Customer’s terms and conditions nor the fulfillment of Customer’s order will (i) constitute acceptance of Customer’s terms and conditions or (ii) serve to modify or amend these Terms. If there is any conflict or inconsistency between these Terms and those set forth in the Order, then the specific modification(s) noted in the Order will govern and control.
IF CUSTOMER IS DISSATISFIED WITH THE AGREEMENT, RULES, POLICIES, GUIDELINES OR PRACTICES OF TIMLS, CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TIMLS SERVICES PER CONDITIONS SET OUT IN THIS AGREEMENT, UNLESS ANOTHER REMEDY IS EXPRESSLY SET OUT IN THIS AGREEMENT.
These terms are subject to change by TIMLS without prior written notice at any time, in its sole discretion. any changes to these terms will be in effect as of the “last updated date” referenced on the TIMLS website located at www.thereismorelawnservices.com (the “site”). Customer should review these terms prior to purchasing any product or services that are available, and Customer’s purchase of any product or services after the “last updated date” will constitute Customer’s acceptance of and agreement to such changes.
During the Term (as defined below), TIMLS shall perform the lawn maintenance services described in the Order, which generally consist of lawn mowing, edging, general clean-up, trimming/shaping of shrubs, spring/fall property clean-up and various related lawn maintenance services (collectively, the “Services”) for Customer, at the location(s) identified in the Order (the “Service Location(s)”). Customer may request changes to the Services at any time upon written request to TIMLS, provided that the Parties shall enter into a written amendment to the Order documenting any adjustments to the Services and resulting changes to the Fees, Service Location(s) and/or other terms prior to implementation of any such change(s). TIMLS shall provide all necessary and adequate personnel, materials, tools, equipment and vehicles necessary to perform the Services at the Service Location(s). TIMLS shall make the final determination of when Services are necessary at any Service Location. Customer acknowledges that Services may be delayed or unavailable in the event of extreme weather conditions. TIMLS reserves the right to delay or stop work during such extreme conditions so as not to create unsafe working conditions for its employees and contractors.
Subject to the terms and conditions of this Section 2, and as the sole consideration for the performance of the Services under this Agreement, Customer shall pay TIMLS all properly invoiced fees in accordance with and as set forth in the Order and/or in this Agreement (the “Fees”). Customer will be responsible for all taxes related to the Services unless and until Customer has a tax resale certificate on file with TIMLS. Time and material fees shall be based on hours of service (rounded up to the nearest half hour). TIMLS may, in its sole discretion, increase Fees by up to five percent (5%) at the beginning of each contract year upon written notice to Customer (which notice may be contained in the first invoice of the season).
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Payments & Fees
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(a) Invoices and Payment.
TIMLS will invoice a Customer according to their service schedule, and Customer will incur a five percent (5%) administrative fee if it requires billing on any other schedule. Unless otherwise agreed by TIMLS in writing, Customer agrees to make full payment of all Fees by and no later than the due date of TIMLS’s invoice, in U.S. Dollars. A LATE PAYMENT FEE OF $25.00 WILL APPLY TO PAYMENTS NOT RECEIVED BY THE DUE DATE. ADDITIONALLY, A DELINQUENCY CHARGE OF ONE PERCENT (1%) PER DAY OF ANY OUTSTANDING BALANCE NOT PAID WHEN DUE WILL BE ADDED UNTIL PAYMENT IS MADE IN FULL. Fees will apply to the current or next billing statement depending upon Customer billing schedule. TIMLS reserves the right to charge the credit card or bank account on file the total amount of the outstanding balance, administrative fees, and delinquency charges. TIMLS’s receipt and acceptance of any payment less than the full amount due shall not waive any rights of TIMLS. TIMLS may set-off any amount due from Customer, whether or not under this Agreement, against any amount due Customer hereunder. Customer may not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with TIMLS. All costs and expenses, including but not limited to collection fees and reasonable attorney’s fees for the collection of any overdue amount due TIMLS, shall be paid by Customer.
(b) Refunds.
Services performed are non-refundable (See “Limitations of Liabilities”). Deposit fees are non-refundable and considered fully earned. Deposit Fees constitute compensation to TIMLS for operations and administrative costs related to the Order. A full refund will be issued to Customer’s account if a payment is made toward any Services for which TIMLS does not actually perform any work or incur any costs. If partial work is performed or TIMLS incurs any costs toward a specific job, TIMLS will evaluate costs as it relates to that same specific job and will seek to reach an agreement with Customer for a partial refund. By submitting payment for an invoice Customer acknowledges all agreed upon services were performed and completed. Auto-payments for services not completed due to rescheduling or Customer cancellation will be credited to Customer’s account. If there is any reason for a refund, it will be given in the form of a credit to Customer’s account.
(c) Additional Fees.
Pets: Customer agrees to quarantine pets inside on the scheduled service days. If pets are present within the service area, TIMLS reserves the right to reschedule services. Customer will incur a $20 reschedule fee.
Personal Items/Litter Removal: Customer is responsible for all personal items (furniture, toys, hoses, pets, etc.). All personal items should be removed from service areas prior to the regular scheduled day of service. TIMLS is not responsible for personal items. Any hidden rocks, golf balls, etc. that lay hidden from sight in service areas may cause damage to Customer's home and TIMLS’s equipment. The Customer is liable for any damages to TIMLS’s equipment and Customer’s house.
In the event items or structures in the service area hinder TIMLS from rendering service to completion, the customer is still required to submit full payment.
Postponement: In the event Customer needs to postpone, change their weekly service in any way, or thinks the grass does not need cut, TIMLS requires AT
LEAST 24 HOURS WRITTEN (email or text) NOTICE. If no notice is given to postpone or cancel service, a $30.00 trip charge will be incurred.
On weeks Customer feels that Services are not needed or justified, then Customer must call, text or e-mail notice of postponement. If, however, postponement is made and the lawn is more than six (6) inches taller than normal, additional charges will be incurred due to the longer length of grass.
Service Area Access: Customer is responsible for ensuring TIMLS can access all service areas. TIMLS will provide services for all accessible service areas. If all service areas are not accessible, Customer will be invoiced for full service completion.
The parties intend that all fees as listed under “Fees & Payments” subsection C, constitutes compensation to TIMLS for the administrative work and changes to service schedules that will occur as a result of Customer’s failure to comply with the Agreement.
(d) Record Requests.
Subject to the terms and conditions of this Section 2(b), Customer may request copies of TIMLS’s records and documentation related to any Services (and resulting Fees) for a period of thirty (30) days following the date such Services and Fees are invoiced to Customer. TIMLS has no obligation to respond to or comply with any Customer requests for records or documentation that are received at any time following this thirty (30) day request period. Customer will be charged a reasonable administrative fee at the time it submits any records request, and TIMLS will have a reasonable period of time (not less than seven (7) business days) to retrieve and deliver the requested documentation to Customer at the email address on record or provided by Customer.
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Termination
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(a) Term.
The initial term of this Agreement shall be a period of one (1) year commencing effective as of January 1st of the current calendar year and continuing through and until December 31st (the “Initial Term”). If agreed upon by Customer in the Order, upon expiration of the Initial Term, the Agreement shall automatically renew for successive one (1) year terms unless Customer provides written notice of nonrenewal at least thirty (30) days prior to the end of the then-current term (each, a “Renewal Term” and together with the Initial Term, the “Term”). If the Term is renewed for one or more Renewal Term, the terms and conditions of this Agreement during each Renewal Term shall be the same as the terms and conditions in effect immediately prior to such renewal, subject to any changes to these Terms (including changes in the fees in accordance with Section 2). If Customer provides timely notice of nonrenewal, then this Agreement shall terminate on the expiration of the then-current Term, unless sooner terminated as provided in this Section 3.
(b) Service Period.
Unless expressly set forth in an Order, notwithstanding the foregoing, Customer acknowledges and agrees that the service period(s) during which TIMLS is obligated to perform the Services (the “Service Period”) starts March 1st and ends December 31st during each year of the Term.
(c) Termination.
If Customer defaults in any payment when due, fails to perform any of its other obligations under this Agreement, becomes the subject of any bankruptcy or insolvency proceeding, or whenever, in TIMLS’s discretion, there is doubt as to Customer’s financial stability, TIMLS may, in its sole discretion and without prejudice as to its other lawful remedies, cancel or defer performance, demand immediate payment of all of Customer’s outstanding invoices or account balances (plus any additional costs, expenses, losses or damages, including without limitation, lost profits, incurred by it as a result of such cancellation, delay, default or bankruptcy), condition future performance against payment of cash in advance and/or terminate any Order or this Agreement. Upon termination of the Agreement by TIMLS for any reason, Customer will immediately pay TIMLS for all Services completed prior to termination.
(d) No Early Termination.
Customer may not cancel or defer its rights or obligations under this Agreement or any Order unless expressly agreed in advance in writing by TIMLS. If Customer cancels or terminates an Order prior to the expiration of the Term, Customer will be responsible for an early termination fee in the amount equal to the greater of (i) $500 or (ii) ten percent (10%) of the remaining value of the Order through the end of the current Term (which amount will be determined by TIMLS based upon the documented service fees for similarly situated customers and/or locations) (the “Early Termination Fee”). If Customer fails to pay any amounts as and when due, TIMLS may, upon seven (7) days written notice and without prejudice as to its other legal rights or remedies, stop performing Services under any Order until all amounts due to TIMLS are paid in full (as confirmed in writing by TIMLS). If Services are stopped due to Customer non-payment for a period of more than thirty (30) days, this Agreement and all Orders will automatically terminate (and Customer shall be liable for the resulting Early Termination Fee(s)).
The parties intend that the early termination fee constitutes compensation to TIMLS for the administrative work and changes to service schedules that will occur as a result of the cancellation and/or early termination of any order, and not a penalty. The parties acknowledge and agree that the harm and damage to TIMLS’s business operations caused by customer’s early termination and breach of this agreement would be impossible or very difficult to accurately estimate, and that the early termination fee is a reasonable estimate of the anticipated or actual harm and damage that might arise from a customer breach, and that customer’s payment of this early termination fee will be customer’s sole liability and entire obligation to TIMLS’s in the event of customer’s early termination of an order.
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Guarantees & Limited Remedies
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TIMLS represents and warrants that it shall perform the Services: (i) in accordance with the terms and conditions of this Agreement, (ii) using personnel of required skill and experience, (iii) in a timely, workmanlike and professional manner, (iv) in accordance with all applicable laws, ordinances, rules and regulations and the highest professional and generally acceptable industry standards in the lawn maintenance industry, and to the reasonable satisfaction of Customer. TIMLS MAKES NO OTHER REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SERVICES, AND TIMLS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY SHALL BE RE-PERFORMANCE OF THE SERVICES.
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Limitations of Liability
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(a) Customer shall indemnify, defend and hold TIMLS harmless from and against any losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest penalties, fines, fees, costs or expenses of any whatever kind (including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers) incurred by TIMLS relating to, arising out of or resulting from: (i) any limitations or restrictions Customer has imposed upon the performance of the Services, or rejection of Services recommended to Customer (whether in the Order or other written communication); (ii) the site conditions at the Service Location(s) (excluding those caused by TIMLS); or (iii) Customer’s own negligence, willful or intentional misconduct or breach of the Agreement.
(b) TIMLS shall in no event be liable or responsible to Customer for any damages, losses or liabilities arising from: (i) any natural causes or Force Majeure Event (as defined below); (ii) any unseen, unknown or concealed conditions in, on or about the Service Location(s) or any condition at the Service Location(s) that are not caused by the Services performed by TIMLS; (iii) the performance of Services beyond the boundaries of the Service Location(s) if the boundaries were not properly staked or marked by Customer; (iv) use of products or performance of Services in conformance with any manufacturer directions, guidelines, warranty, standards or recommendations or otherwise in conformance with industry standards; or (v) Customer’s failure to fulfill any of its own obligations or responsibilities under the Agreement. If TIMLS incurs any cost or expense attributable to any of the foregoing events, conditions or circumstances, such costs and expenses will be deemed “Additional Work” and billed to Customer.
c) In no event shall TIMLS be liable to customer or anyone claiming by, through or under customer for any indirect, consequential, incidental, special or punitive damages of any nature, whether arising in contract, warranty, tort (including negligence), or strict liability, including, without limitation, delay, lost revenue, lost profits or loss of goodwill, regardless of whether such damages were foreseeable and even if TIMLS has been advised of the possibility of such damages. Customer must notify TIMLS within one (1) business day of any obvious or visible alleged damage resulting from the Services. Failure to report such damages in a timely manner shall constitute a waiver and release of claims relating thereto. Customer’s aggregate recovery from TIMLS for any claim other than those excluded herein shall not exceed the Fees paid by Customer for the Services giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. If, for any reason, the foregoing limitations are found by a court to be invalid or inapplicable under any applicable state or federal law, Customer agrees that TIMLS’s total liability for all Losses of any kind or nature shall be limited to actual damages without regard to any punitive or exemplary damages provided by any applicable law.
Force Majeure
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For purposes of this Agreement, “Force Majeure” means any act, event or condition materially and adversely affecting the ability of a Party to perform or comply with any of its material obligations, duties or agreements required under this Agreement, if such act, event, or condition is beyond the reasonable control of the nonperforming Party or its agents relying thereon, is not the result of the willful or negligent action, inaction or fault of the Party relying thereon, and the nonperforming Party has been unable to avoid or overcome the act, event or condition by the exercise of due diligence, including, without limitation: (1) an act of God, epidemic, landslide, lightning, earthquake, fire, explosion, storm, flood or similar occurrence; (2) an act of public enemy, war, blockage, insurrection, riot, general unrest or restraint of government and people, civil disturbance or disobedience, sabotage, act of terrorism or similar occurrence; (3) a strike, work slowdown, or similar industrial or labor action; (4) a significant change in economic conditions; (5) an order or judgment (including without limitation a temporary restraining order, temporary injunction, preliminary injunction, permanent injunction, or cease and desist order) or other act of any federal, state, county or local court, administrative agency or governmental office or body which prevents a Party from performing its obligations as contemplated by this Agreement; or (6) adoption or change (including a change in interpretation or enforcement) of any federal, state or local law after the date of this Agreement, preventing performance of or compliance with the obligations hereunder.
Neither Party shall be liable to the other for damages without limitation (including liquidated damages) if such Party’s performance is delayed or prevented due to an event of Force Majeure. In such event, the affected Party shall promptly notify the other of the event of Force Majeure and its likely duration. During the continuation of the Force Majeure event, the nonperforming Party shall (1) exercise commercially reasonable efforts to mitigate or limit damages to the performing Party; (2) exercise commercially reasonable due diligence to overcome the Force Majeure event; (3) to the extent it is commercially reasonable, continue to perform its obligations under this Agreement; and (4) cause the suspension of performance to be of no greater scope and no longer duration than the Force Majeure event requires. In the event of a delay in either Party’s performance of its obligations hereunder for more than sixty (60) days due to an event of Force Majeure, the other Party may, at any time thereafter, terminate this Agreement.
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Assignment​
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Customer may not assign or transfer any of its rights or obligations under this Agreement.
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Survival
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All terms and provisions of this Agreement that should by their nature survive the expiration or termination of this Agreement shall so survive.
Governing Law
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This Agreement shall be governed under the laws in the state of Texas and the local jurisdiction of Austin, Texas.
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Entire Agreement
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These Terms and the Order constitute the entire agreement between the Parties with respect to the subject matter contained herein and supersedes any and all previous agreements between the Parties, whether written or oral, with respect to such subject matter. No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from the Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
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Execution
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This Agreement may be executed in multiple parts, counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A copy of this Agreement delivered by facsimile, email of a portable document format (.pdf) copy, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original copy of this Agreement. Each Party agrees that the acknowledgement of receipt and statement of agreement by Customer email reply, whether digital or encrypted, of the parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures.
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Updated: February 20, 2025