Terms & Conditions

 

CUSTOMER ACKNOWLEDGMENT
The Customer acknowledges that they have received, read, and understand the terms and conditions of this agreement, including but not limited to the services provided, pricing, payment terms, cancellation policy, and liability limitations. The Customer agrees to be bound by these terms and conditions.

SERVICE SCOPE
Loopers Lawn Care provides services including, but not limited to: lawn fertilization, insect control, disease control, aeration, fire ant control, and top dressing. The typical customer will have eight treatments per year based upon the schedule and scope defined and agreed to when the customer activates service. The delivery date of each treatment may vary based on weather conditions, routing schedules, and what Loopers Lawn Care deems the best timing to serve a customer’s property. The customer will generally be notified before each of the eight annual visits. The customer does not need to confirm the visit nor does the customer need to be present for Loopers Lawn Care beyond ensuring that the customer can fulfill their requirements absent from the property (see Customer Responsibilities Section). Service is typically applied between 7 am and 5 pm Monday to Friday unless unforeseen scheduling issues arise requiring after- ours or weekend servicing.

SERVICE ESTIMATES
Loopers Lawn Care has provided an estimate based on customer-provided information and aerial measurements. If, while servicing a customer’s property, Loopers Lawn Care believes that the property sizing was over/under-measured or additional unforeseen complexities arise, Loopers Lawn Care has the right to requote the property utilizing this new information. With any such requoting, the customer has the right to opt-out of service. Verbal quotes and agreements are non-binding.

SERVICE GUARANTEE
Loopers Lawn Care’s mission is for all customers to have a healthy lawn color (other than during drought conditions), weed reduction, and insect control. If a customer determines that after three treatments, they are not realizing these desired results, Loopers Lawn Care is willing to offer free personal consultation and potentially return visits if such visits will yield improvements. To qualify for such a guarantee, customers must follow the Looper Lawn Care maintenance, mowing, and watering recommendations. Both parties agree that in the event of failure of this product or service, the sole and exclusive remedy available to you the customer shall be the refund of the cost of services provided under this agreement or a repeat of the service delivered, at the discretion of Loopers Lawn Care.

CUSTOMER RESPONSIBILITIES
Loopers Lawn Care strives to service customers in the most seamless method possible, but to provide the best service customers are responsible for:

- Providing access to the property on scheduled service days. This includes ensuring gates are unlocked and access codes are provided.
- Securing pets.
- Maintaining clear access to areas to be serviced. Obstructions such as toys, furniture, and debris should be removed.
- Ensuring adequate water supply, if applicable.
- Notifying Loopers Lawn Care of any changes to the property, such as new landscaping or construction.
- Some treatments utilize products requiring watering-in. If notified, the customer agrees to follow the treatment instructed by Loopers Lawn Care.

PAYMENT OBLIGATIONS
The customer agrees to pay the fees covering the scope and property area defined in the quote via credit card. The credit card on file for a customer will be charged either each monthly or annually before service depending upon the payment term selected by the customer.

RENEWAL
Unless the customer notifies Loopers Lawn Care before the end of the year, the program selected by the customer will automatically renew annually beginning each January with a 3% increase in fees. Customers will be notified via the email associated with the account if market conditions dictate an additional increase in fees above 3%.

CANCELLATION
The Customer may cancel service five (5) days prior to Loopers Lawn Care scheduling a service. Cancellations made with less than five (5) days' notice may be subject to a cancellation fee.

RIGHT TO CONTACT
The Customer agrees that Loopers Lawn Care may contact them via email, text message (SMS/MMS), and phone calls at the phone number and email address provided by the Customer. These communications may include, but are not limited to, service updates, appointment reminders, billing information, customer satisfaction surveys, and marketing offers. Loopers Lawn Care intends to not exceed one marketing communication per week. The Customer may opt out of receiving marketing communications at any time by contacting Loopers Lawn Care via email or phone call. Opting out of marketing communications will not affect communications related to service updates, appointments, or billing.

LIMITATION OF LIABILITY
Loopers Lawn Care is not liable for damage to underground utilities, sprinkler systems, or other concealed objects unless their location has been clearly marked by the Customer. Loopers Lawn Care's liability for property damage will be limited to the cost of repair or replacement, not to exceed the total amount paid by the Customer and received by Loopers Lawn Care for services rendered during the prior twelve (12) months at Loopers Lawn Care’s sole discretion. Except in cases of gross negligence or willful misconduct by Loopers Lawn Care, its officers, employees, or agents, the liability of Loopers Lawn Care to the Customer for any and all claims, losses, damages, or expenses of any kind or nature whatsoever arising out of or in any way related to this Agreement, the services provided hereunder, or any breach of this Agreement, regardless of the form of action or theory of liability (including, but not limited to, contract, tort, or strict liability), shall be limited to the total amount paid by the Customer to Loopers Lawn Care under this Agreement during the twelve (12) months immediately preceding the date on which the claim arose. This limitation of liability shall apply even if Loopers Lawn Care has been advised of the possibility of such claims, losses, damages, or expenses. Loopers Lawn Care shall not be liable to the Customer for any indirect, incidental, consequential, special, or punitive damages, including, but not limited to, lost profits, lost revenue, business interruption, or loss of data, even if Loopers Lawn Care has been advised of the possibility of such damages. Notwithstanding anything to the contrary in this Agreement, Loopers Lawn Care's liability for personal injury or property damage caused by its gross negligence or willful misconduct shall not be limited to the extent prohibited by applicable law.

However, even in such cases, Loopers Lawn Care's liability shall be limited to the amount of its insurance coverage, if any.

The Customer acknowledges and agrees that this limitation of liability is a material part of the consideration for this Agreement and that Loopers Lawn Care would not enter into this Agreement without this limitation.

SURVIVAL
This Agreement, including all of its terms and conditions, shall remain in full force and effect after the completion of the services provided hereunder, to the extent that any obligations of either party remain outstanding or any rights or remedies have accrued. Specifically, but without limitation, provisions related to Limitation of Liability, Governing Law, Class Action Waiver, and Payment Obligations shall survive the completion of services

GOVERNING LAW
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Texas.

WAIVER AND SEVERABILITY
The failure of either party to enforce any provision of this Agreement at any time shall not be construed as a waiver of such provision or the right to enforce it at any other time. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed and the remaining provisions shall be enforced to the fullest extent permitted by law.

CLASS ACTION WAIVER
Each party agrees that any and all disputes, claims, or controversies arising out of or relating to this Agreement, including the validity, enforceability, or scope of this arbitration agreement, shall be determined exclusively by individual arbitration as set forth below. The parties expressly waive any right to participate as a representative or member in any class, collective, or representative action or proceeding. The arbitrator shall have no power to conduct class-wide arbitration.

ASSIGNMENT
This Agreement may be assigned by Loopers Lawn Care without the consent of the Customer in connection with the sale or merger of Looper Lawn Care's business. The Customer may not assign this Agreement without the prior written consent of Loopers Lawn Care.

ENTIRE AGREEMENT
These terms and conditions, together with the service agreement or estimate, constitute the entire agreement between Loopers Lawn Care and the Customer and supersede all prior communications and agreements, whether written or oral.

AMENDMENTS
Loopers Lawn Care reserves the right to amend these terms and conditions at any time. The Customer will be notified of any changes in writing.